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Scarfo Jr - Pelullo fraud trial #761071
01/30/14 02:56 PM
01/30/14 02:56 PM
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Giancarlo Offline OP
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Decided to start a new thread on the Scarfo Jr - Pelullo fraud trial.

----------------------------------------------------------------------------------------------------------

Wednesday, January 29, 2014


Anastasia Wants To Get Off The Witness List


By Ralph Cipriano
for Bigtrial.net

George Anastasia would prefer to cover Salvatore Pelullo's fraud trial as a reporter, rather than having to testify as a witness in the case.

Pelullo's lawyer, however, has placed the veteran crime reporter on a potential witness list. And because potential witnesses are barred from being in the courtroom, Anastasia has been prevented from reporting on the United States of America v. Salvatore L. Pelullo et al.

Today, however, a lawyer for Anastasia filed a motion for a protective order, seeking to knock the reporter off the witness list. A hearing is scheduled for 4:30 p.m. tomorrow in Camden before U.S. District Court Judge Robert Kugler.

"J. Michael Farrrell, defense counsel for defendant Salvatore Pelullo, has listed award-winning reporter George Anastasia as a potential witness for the defense for the apparent purpose of preventing Mr. Anastasia from lawfully reporting about this trial," wrote Maxwell S. Kennerly of The Beasley Firm in a 10-page motion filed today.

"Any information that Mr. Anastasia possesses is the result of his news gathering activities," Kennerly wrote. "Mr. Anastasia does not possess any first-hand knowledge relevant to this case; he merely reported about the ongoing developments in articles that he penned for The Philadelphia Inquirer from the time search warrants were executed in the spring of 2008 until he left the paper in October 2012 ... Since leaving The Inquirer, Mr. Anastasia has been reporting on criminal trials on the website bigtrial.net."


"It's an important first-amendment issue," Anastasia said. "Anybody could manipulate the system by doing this. You could keep a reporter from covering a story if you didn't want him to cover it. All you have to is put him on the witness list."


Pelullo, an Elkins Park businessman, is one of seven defendants in the federal fraud case being tried at the Camden County Courthouse. The most notorious defendant is mobster Nicodemo S. Scarfo, the son of jailed former Philadelphia mob boss Nicodemo "Little Nicky" Scarfo.

The government alleges that Scarfo and Pelullo orchestrated the systematic looting of a Texas-based mortgage company, FirstPlus Financial, by secretly taking control of the board of directors in June 2007. Over the next 10 months, authorities allege, Scarfo and Pelullo helped themselves to $12 million. The money was spent to purchase luxury items such as an $800,000 yacht named "Priceless," a $200,000 Bentley, and a $200,000 downpayment on a $700,000 home in Egg Harbor Township.


In a previous big trial story, Anastasia laid out his differences with Pelullo and his lawyer:


On a personal note, I may not be able to cover the rest of the FirstPlus trial because Salvatore Pelullo has listed me as a potential witness and witnesses are not permitted in the courtroom during testimony ...

Pelullo's second attorney, J. Michael Farrell, would not say why I might be called and said he was reluctant to discuss the issue with me because I might tell the prosecution. In a brief discussion during the morning break, Farrell would offer not further explanation. I have never discussed the case with Pelullo's lawyers and am hard pressed to understand why I would be called as a witness ...

I told him, 'You don't want me on the stand.' He called that a `threat' and said I would remain on the list.

Everything I know about this case has appeared in stories that I wrote for The Philadelphia Inquirer from the time search warrants were executed in the spring of 2008 until I left the paper in October 2012. I have probably written more about the alleged scam than anyone else.

But what I could provide as a witness for the defense is baffling ...

In his motion, Kennerly said the courts are usually protective of a reporter's First Amendment rights.

"Both this Court and the Third Circuit Court of Appeals have firmly held that news reporters enjoy under the First Amendment a qualified privilege for news gathering activities," Kennerly wrote. It's a "privilege premised on the principle that compelled production 'can constitute a significant intrusion into the news gathering and editorial processes' and 'may substantially undercut the public policy favoring the free flow of information to the public.'"

"Aditonally, New Jersey statutory law expressly confers a privilege on any person engaging in news gathering activities," Kennerly wrote. "George Anastasia is considered a news reporter as defined by New Jersey statutory law and any information that he possesses is subject to this reporter's privilege."

To overcome a reporter's qualified privilege, Kennerly writes, Pelullo's lawyer has to demonstrate that he tried to get this information from other sources, that the information is only available through the journalist and his sources, and finally, that the information sought is crucial to the case.

"Since defendants have failed to show that any testimony they expect Mr. Anastasia to provide meets any of the criteria necessary to overcome his newsperson's privilege, he must be removed from the witness list," Kennerly concluded.


http://www.bigtrial.net/2014/01/anastasia-wants-to-get-off-witness-list.html

Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #761072
01/30/14 03:03 PM
01/30/14 03:03 PM
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Posts: 1,094
Cajunland
LaLouisiane Offline
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Do you know what Scafo's defense will be?? He seems pretty screwed with his hand in the cookie jar...


"What are you cacklin' hens cluckin' about?!?!"

"Is that him?!? With the sombrero on?!?"


Re: Scarfo Jr - Pelullo fraud trial [Re: LaLouisiane] #761073
01/30/14 03:07 PM
01/30/14 03:07 PM
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Giancarlo Offline OP
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Originally Posted By: LaLouisiane
Do you know what Scafo's defense will be?? He seems pretty screwed with his hand in the cookie jar...

He seems pretty screwed to me too...and he still has that other trial in NJ with the Lucchese's to deal with.

Theres been pretty much no coverage of the Scarfo/Pelullo fraud trial in Camden. I'm not sure what the status of it is. Is the trial under way? Or are they just ruling on different motions now? Anyone know?

Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #761080
01/30/14 03:21 PM
01/30/14 03:21 PM
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Cajunland
LaLouisiane Offline
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I think the trial in Camden started according to this report:

http://articles.philly.com/2014-01-10/news/46033765_1_pelullo-and-scarfo-nicodemo-scarfo-jr-jurors

But I may be wrong I'm just a watcher on anything in the north, only know what I've read (which makes me pretty useless lol)


"What are you cacklin' hens cluckin' about?!?!"

"Is that him?!? With the sombrero on?!?"


Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #761082
01/30/14 03:26 PM
01/30/14 03:26 PM
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Giancarlo Offline OP
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Giancarlo  Offline OP
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I remember reading that article but then...nothing. All coverage stopped. George Anastasia isn't the only crime reporter in town...you would think someone would cover the damn trial.

Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #761094
01/30/14 04:34 PM
01/30/14 04:34 PM
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LittleNicky Offline
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It's on-going on bloomberg, mostly figuring out what can be admitted as evidence and motions about who can testify at this point.

George A's motion is here:
http://www.filedropper.com/usavscarfoetal866


Should probably ask Mr. Kierney. I guess if you're Italian, you should be in prison.
I've read the RICO Act, and I can tell you it's more appropriate...
for some of those guys over in Washington than it is for me or any of my fellas here
Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #761098
01/30/14 04:51 PM
01/30/14 04:51 PM
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Giancarlo Offline OP
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Thanks Nicky.

Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #761102
01/30/14 05:17 PM
01/30/14 05:17 PM
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Serpiente Offline
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G-carlo the main ones have started like stated above .The rest of them don't start till april...


Cackling like a banty Rooster.

I love this," "I just love this."
Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #761137
01/30/14 09:15 PM
01/30/14 09:15 PM
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Judge rules longtime Philadelphia mob reporter can cover Scarfo Jr trial


A veteran reporter who has covered organized crime in Philadelphia and South Jersey for more than 40 years will be permitted to watch a white-collar mob trial, despite his name appearing on the witness list, a judge ruled Thursday.

George Anastasia, who wrote for the Inquirer until October 2012, was put on the defense's witness list in State vs. Scarfo et al, a federal case alleging reputed mobster Nicodemo Scarfo (son of jailed Philadelphia mob boss Nicky Scarfo Jr.) and an associate, Salvatore Pelullo, along with several attorneys, orchestrated a massive racketeering scheme netting them millions.

Anastasia had planned to report on the case for BigTrial.net but has been blocked from entering the courtroom since the beginning of the month because his name was on the potential witness list. The defense had requested that potential witnesses be sequestered.

On Thursday, Judge Robert Kugler granted a motion to end Anastasia's sequestration.

"Frankly, I'm not convinced at all that Mr. Anastasia has any admissible evidence," Kugler said.

In 40 years, Anastasia said, he's never been put on a witness list.

"It's a First Amendment issue; it sets a precedent," Anastasia said. "It could mean for any trial, an attorney or a defendant knows a reporter who, for whatever reason, they don't want to report on a case, they can just put them on the witness list."

The case charges Scarfo, Pelullo and lawyers Gary McCarthy, David Adler, Donald Manno, and John and William Maxwell in a 25-count indictment alleging that they defrauded shareholders of the Texas-based FirstPlus financial mortgage company out of $12 million.

Defense attorneys have argued that the company was ill-fated from the start and there was no financial impropriety. They also say references to the mafia are a distraction technique used by the government.

Pelullo's attorney J. Michael Farrell said he wanted Anastasia to testify that he never linked Pelullo to organized crime in a published article until the indictment in the FirstPlus case came out.

Farrell, whose voice rose to a shout at some points during his motion, said such testimony would help refute the government's claim that Pelullo was a mob associate.

"The fact that he did not (mention him prior to 2006) makes the fact that he is not an associate more likely," Farrell said.

"How do you know any of that?" Kulger asked. "How do you know that Mr. Anastasia has never before received information linking your client to organized crime?"

"I'll take that risk," Farrell said.

"You're not going to get to take that risk," Kulger said.

Anastasia's attorney, Maxwell Kennerly, said a database search of articles could easily produce the same information Farrell was seeking and was not grounds for Anastasia's testimony.

"Any information that Mr. Anastasia possesses is the result of his news-gathering activities," Kennerly said, adding that he would likely oppose any subpoenas under First Amendment privilege rights granted to journalists.

Courts have long upheld a reporter's right to cover legal proceedings, and in New Jersey, shield laws protect journalists from revealing confidential sources.

The trial, which is expected to last up to three months, is in its fourth week.

On Thursday, David Roberts, who worked with Pellulo to acquire FirstPlus, testified about how Pelullo, in conjunction with attorney William Maxwell, sent threatening letters to board members asking them to step down.

The initial strategy was to purchase enough stock to acquire the bankrupt company, Roberts said, but when the group couldn't come up with the money, Pelullo and others turned to threats and blackmail.

The letters, drafted four days before the takeover in June 2007, included allegations of sexual assault, financial impropriety, and threats of calling federal authorities to report them.

At a celebratory dinner after the old board had been dismantled and a new one taken the helm, Roberts - who was made a new board member - said Pelullo took him outside and told him, "I just made you a millionaire."

Roberts said that a few weeks later, Pelullo's tone changed dramatically when he threatened him, as well as John and William Maxwell, also defendants in the case.

"He said that if we ever rat, our wives will be (expletive) by (expletive), and our children will be sold off as prostitutes," Roberts said.

For Roberts, who thoughts went to his daughters, who were 3 and 5 at the time, it was a jarring statement.

"I was upset and terrified but my decisions were, I was following whatever needed to be done" for the company, he said.

http://www.philly.com/philly/news/new_je...QzwRL6BS1MDP.99


"Let me tell you something. There's no nobility in poverty. I've been a poor man, and I've been a rich man. And I choose rich every fucking time."

-Jordan Belfort
Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #761146
01/30/14 11:47 PM
01/30/14 11:47 PM
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Snakes Offline
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Nicky has the other trial with the Lucchese gambling ring coming up too, right? 2014 isn't gonna be a good year for Jr...


"Snakes... Snakes... I don't know no Snakes."
Re: Scarfo Jr - Pelullo fraud trial [Re: Dellacroce] #761194
01/31/14 09:44 AM
01/31/14 09:44 AM
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LaLouisiane Offline
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Originally Posted By: Dellacroce
"He said that if we ever rat, our wives will be (expletive) by (expletive), and our children will be sold off as prostitutes," Roberts said.

For Roberts, who thoughts went to his daughters, who were 3 and 5 at the time, it was a jarring statement.

"I was upset and terrified but my decisions were, I was following whatever needed to be done" for the company, he said.


To me that's the biggest nail in the coffin. If any juror has kids and thinks "Hey they could have threatened me like that too" then these guys are royally screwed.


"What are you cacklin' hens cluckin' about?!?!"

"Is that him?!? With the sombrero on?!?"


Re: Scarfo Jr - Pelullo fraud trial [Re: LaLouisiane] #761208
01/31/14 11:19 AM
01/31/14 11:19 AM
Joined: Dec 2013
Posts: 131
All Over
NinoSconza Offline
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Originally Posted By: LaLouisiane
Originally Posted By: Dellacroce
"He said that if we ever rat, our wives will be (expletive) by (expletive), and our children will be sold off as prostitutes," Roberts said.

For Roberts, who thoughts went to his daughters, who were 3 and 5 at the time, it was a jarring statement.

"I was upset and terrified but my decisions were, I was following whatever needed to be done" for the company, he said.


To me that's the biggest nail in the coffin. If any juror has kids and thinks "Hey they could have threatened me like that too" then these guys are royally screwed.


They already are (screwed) I don't see them getting off easy on this. I wonder what his mob lawyer donald manno is gonna get or might even decided to cooperate during the length of the trial I don't think a defense attorney wants to do hard time.


The Sconza Crime Family

UNDISPUTED DEFACTO CARETAKER "BOSS" - SKINNY !!!
ACTING BOSS: NINO SCONZA (Awaiting Trial)
UNDERBOSS : Alfonse "Madbull" Capuzzi
Consigliere: Dellocroce
Street Boss: CHEECH (Supervised Release)
CAPO Joe "Search Function" Schmouzzi
Solider : Nino Sconza Jr.
Florida Faction
Capo Dr. PB (BOCA)
Associate: Jose LNU
SICILIAN FACTION
BOSS: CARMELA "Gravy"
UNDERBOSS: SALVATORE "SNAKES" RUSSO
Associates: A few guys from Harlem they ain't Italian but they get money!!!!

" Skinny he's a stand up guy". A man's man". They don't make guys like skinny no more."
Re: Scarfo Jr - Pelullo fraud trial [Re: NinoSconza] #761211
01/31/14 11:24 AM
01/31/14 11:24 AM
Joined: Aug 2008
Posts: 222
Camden County NJ
jmack Offline
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Originally Posted By: NinoSconza
Originally Posted By: LaLouisiane
Originally Posted By: Dellacroce
"He said that if we ever rat, our wives will be (expletive) by (expletive), and our children will be sold off as prostitutes," Roberts said.

For Roberts, who thoughts went to his daughters, who were 3 and 5 at the time, it was a jarring statement.

"I was upset and terrified but my decisions were, I was following whatever needed to be done" for the company, he said.



To me that's the biggest nail in the coffin. If any juror has kids and thinks "Hey they could have threatened me like that too" then these guys are royally screwed.


They already are (screwed) I don't see them getting off easy on this. I wonder what his mob lawyer donald manno is gonna get or might even decided to cooperate during the length of the trial I don't think a defense attorney wants to do hard time.


I haven't seen all of the evidence against him but I think that he has a better chance of getting off than Scarfo or Pelullo have. If he cooperated it would KILL his practice. He would lose all status that he has.

Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #761232
01/31/14 01:15 PM
01/31/14 01:15 PM
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LittleNicky Offline
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Snakes, the gambling trial is a NJ trial rather than a fed trial, making it a nightmare to actually look up. My guess is you actually would have to got to the courhouse to get anything interesting.


As for the fed trial, this might be interesting to some of you:
http://www.docdroid.net/8q3r/usa-v-scarfo-et-al-docket-no-.pdf.html

Tons of conversations between Nick Jr and Nick Sr.


Should probably ask Mr. Kierney. I guess if you're Italian, you should be in prison.
I've read the RICO Act, and I can tell you it's more appropriate...
for some of those guys over in Washington than it is for me or any of my fellas here
Re: Scarfo Jr - Pelullo fraud trial [Re: LittleNicky] #761234
01/31/14 01:22 PM
01/31/14 01:22 PM
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Giancarlo Offline OP
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Originally Posted By: LittleNicky

As for the fed trial, this might be interesting to some of you:
http://www.docdroid.net/8q3r/usa-v-scarfo-et-al-docket-no-.pdf.html

Tons of conversations between Nick Jr and Nick Sr.


Excellent...thanks Nicky. cool

Re: Scarfo Jr - Pelullo fraud trial [Re: LittleNicky] #761237
01/31/14 01:29 PM
01/31/14 01:29 PM
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Posts: 1,408
Snakes Offline
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Snakes  Offline
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Originally Posted By: LittleNicky
Snakes, the gambling trial is a NJ trial rather than a fed trial, making it a nightmare to actually look up. My guess is you actually would have to got to the courhouse to get anything interesting.


As for the fed trial, this might be interesting to some of you:
http://www.docdroid.net/8q3r/usa-v-scarfo-et-al-docket-no-.pdf.html

Tons of conversations between Nick Jr and Nick Sr.


Ahhh, thanks a lot for this, Nick.


"Snakes... Snakes... I don't know no Snakes."
Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #761238
01/31/14 01:35 PM
01/31/14 01:35 PM
Joined: Feb 2013
Posts: 722
Midwest
LittleNicky Offline
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It's a 7 Volume series of probable cause affidavits, search warrants, FBI reports. Pretty cool. I'm not a criminal lawyer, but the amount of transcripts from wired lines in this case is pretty remarkable. And juries much prefer those wires to convicted felon rats.


Should probably ask Mr. Kierney. I guess if you're Italian, you should be in prison.
I've read the RICO Act, and I can tell you it's more appropriate...
for some of those guys over in Washington than it is for me or any of my fellas here
Re: Scarfo Jr - Pelullo fraud trial [Re: LittleNicky] #761245
01/31/14 02:37 PM
01/31/14 02:37 PM
Joined: Aug 2008
Posts: 222
Camden County NJ
jmack Offline
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jmack  Offline
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Camden County NJ
Originally Posted By: LittleNicky
Snakes, the gambling trial is a NJ trial rather than a fed trial, making it a nightmare to actually look up. My guess is you actually would have to got to the courhouse to get anything interesting.


As for the fed trial, this might be interesting to some of you:
http://www.docdroid.net/8q3r/usa-v-scarfo-et-al-docket-no-.pdf.html

Tons of conversations between Nick Jr and Nick Sr.


Great find Nicky. After reading it I am wondering who CS#1 is. I'm going to read through it again, does anyone have any ideas?

Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #761249
01/31/14 02:58 PM
01/31/14 02:58 PM
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Wilson101 Offline
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This is a real crime worth taking a shot at. Fuck bangin around south philly for a few bucks. Unfortunately the Feds got em dead to rights. Little Nicky thanks for posting that link.

Last edited by VegasMikey; 01/31/14 02:59 PM.
Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #761307
01/31/14 09:10 PM
01/31/14 09:10 PM
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Posts: 167
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tjonezee Offline
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Interesting that Scarfo went to Joey Chang Jr to try to recruit him. Isnt Joey Chang in pretty bad shape? I didn't realize he was even capable of getting back into the life?

Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #763077
02/11/14 07:31 PM
02/11/14 07:31 PM
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New Jersey
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TUESDAY, FEBRUARY 11, 2014

Jurors Hear Of Serenade For A Takeover
By George Anastasia
For Bigtrial.net

It was mood music for a corporate takeover.

A few hours after a rowdy shareholders meeting formalized what federal authorities allege was Salvatore Pelullo's secret takeover of FirstPlus Financial, Pelullo hosted a celebratory dinner for company officers and members of the board of directors at a posh steakhouse in Dallas.

As he sat at the head of a long table in a private dining room at DelFrisco's on that night in October 2007, a violinist serenaded Pelullo repeatedly with the same song, said Robert O'Neal, then chairman of the board and president of FirstPlus.

O'Neal, testifying for the prosecution at the racketeering trial of Pelullo, mobster Nicodemo S. Scarfo and five other defendants, said the song was all too familiar and somewhat ominous.

"It was the theme from The Godfather," he said in response to a question from Assistant U.S. Attorney Adam Small.

O'Neal was the second FirstPlus official to take the stand in the now month-old trial. Among other things, he told the jury that his signature had been forged on at least two company documents authorizing the $1.8 million purchase of a financial company.

That purchase was one a several gambits the government alleges Pelullo and Scarfo orchestrated after taking behind the scenes control of FirstPlus in June 2007. The racketeering indictment alleges that Scarfo and Pelullo siphoned $12 million out of the struggling, Texas-based mortgage company, using the funds to support high flying lifestyles that included expensive cars, lavish homes and a yacht they christened "Priceless."

Scarfo, 47, has been identified as a member of the Lucchese crime family in North Jersey. He is the son of jailed Philadelphia mob boss Nicodemo D. "Little Nicky" Scarfo. Pelullo, 45, of Elkins Park, has been identified as a mob associate.


O'Neal, a chiropractor from Beaumont, Tx., said he was brought into FirstPlus by William Maxwell, an attorney and friend who had been named special counsel to FirstPlus. Maxwell's brother John was the CEO of the company. The Maxwell brothers are co-defendants in the case along with three other attorneys, including Donald Manno of Cherry Hill, Scarfo's longtime defense attorney.

O'Neal is expected back on the stand when the trial resumes Thursday. Court is in recess tomorrow.

Earlier today David Roberts, another former FirstPlus official, completed his fourth day on the witness stand. Roberts testified that he was threatened by Pelullo and that while Pelullo was listed only as a "consultant," he was in fact the person running the company.

"What was said was what was done," Roberts said of Pelullo.

Roberts said Pelullo used fear and intimidation, including allusions to his mob connections, to bully him and others in the company. In earlier testimony, he told the jury that shortly after taking control of FirstPlus Pelullo warned Roberts and the Maxwell brothers that if they ever cooperated with the government, "our wives would be raped by ni**ers and his children would be sold as prostitutes."

Roberts, who said he had two daughters aged three and five, said he was frightened by the threat and decided, "I wasn't going to be a problem. I was going to do what I had to do."

During cross-examination, defense attorneys hammered away at Roberts' credibility and motives for cooperating, pointing out among other things, that he had lied on his resume -- Roberts conceded that he had "embellished" -- and that he borrowed $38,000 from Pelullo even while claiming he feared him.

Roberts served as secretary of the company and was a member of the board of directors from the summer of 2007 until early in 2008. He was also vice president of a FirstPlus subsidiary. He said he earned an annual salary of $150,000.

The FBI first questions him in September 2008, he said, about six months after his job had been terminated. He said he wasn't surprised to get a visit from federal investigators because he had had concerns about the way FirstPlus was operating.

"From the inside it did not look like what I envisioned a public company would look like," he said.

O'Neal told a similar story about the way FirstPlus was run. He said he was brought into the company by William Maxwell and introduced to Pelullo as a "consultant." He said he was unaware that Pelullo had two prior convictions for fraud, facts that would have impacted his decision to get involved.

He said William Maxwell later boasted about criminal appeal work he was going to do for "Little Nicky" who he later learned was jailed Philadelphia mob boss Nicodemo D. Scarfo. The elder Scarfo has been jailed since 1988 on racketeering and murder charges for which he was sentenced to 55 years in prison.

Testimony and evidence introduced at the trial has records of Pelullo and the younger Scarfo visiting the mob boss in prison in Atlanta and taped phone conversations from prison in which Scarfo and his son discuss what the government alleges was the FirstPlus takeover.

O'Neal said he twice traveled to the Philadelphia - South Jersey area with William Maxwell. On both
occasions, he said, they met with Sal Pelullo and on one occasion they went to an Italian restaurant where he was introduced to the younger Scarfo.

Maxwell, he said, pointed to Scarfo who was standing in front of the restaurant and said, "He's the man. He's the money." O'Neal said he assumed Scarfo was "the Godfather."

O'Neal said after he became president of FirstPlus he was "very concerned about the leadership of the company." He said William Maxwell assured him that Pelullo would not be involved in the operations, but O'Neal said that assurance was hollow and that Pelullo remained very active in the decision making process. O'Neal said he opted to resign early in 2008, claiming he did not have the time to commit to the job as president.

In fact, he said, he lied about why he wanted to step down. His real reason, he said, was his concern about organized crime.

"I didn't want to make anyone mad," he said. "I just wanted to get out."

On cross-examination by Scarfo's lawyer, Michael Riley, O'Neal admitted that anything he knew about the Mafia came from movies and news reports. He said he had had very little contact with Italian-Americans in Texas.

Throughout the trial, the defense has hammered away at two themes -- FirstPlus was a failing company that floundered not because of fraudulent business deals, but because of its weak financial position; and the introduction of the spectre of organized crime into the case is an attempt by the government to sensationalize and hype an otherwise complicated and boring story of a financial collapse.

Returning to the dinner at DelFrisco's and The Godfather music, Riley asked O'Neal if it would be unusual to hear Mexican music being played in a Mexican restaurant. He also asked him if his perceptions of Pelullo and Scarfo weren't clouded by "the stereotype that Italian-Americans" from the northeast part of the United States were Mafia.

Isn't that the same, Riley asked, as northerners who believe everyone from Texas "wears a cowboy hat, drives a pickup truck and has cows."

O'Neal said it wasn't just The Godfather theme, but "the way it was done."

"He was playing it directly to Mr. Pelullo," said O'Neal, adding that the violinist played the theme three or four times in succession. He also said John Maxwell's two sons, one in high school and the other in college, acted as "body guards" for Pelullo, accompanying him whenever he got up from the table.

Riley asked incredulously if O'Neal wanted the jury to believe that "two boys, one in college and the other in high school" where providing security for a Mafia figure? O'Neal struggled with the answer, but said that's what he seemed like to him.

While not part of today's testimony, other government documents and records indicate that the October 2007 shareholder's meeting was the focal point of the takeover of FirstPlus. The government alleges that Pelullo threatened officials to get shareholder votes in line and used intimidation to thwart a rival group of shareholders who opposed the new board of directors that the government said Pelullo had put in place.

The dinner at DelFrisco's was to celebrate the victory, but O'Neal said he was taken aback as were other company officials who attended.

As a final question, Riley asked O'Neal, "Do you wear a cowboy hat, drive a pickup truck and have cows?"

"Two out of three," said the witness.

George Anastasia can be contacted at George@bigtrial.net.

Read more at http://www.bigtrial.net/2014/02/jurors-hear-of-serenade-for-takeover.html#r9MKXhHXfbUKmF8M.99


"Let me tell you something. There's no nobility in poverty. I've been a poor man, and I've been a rich man. And I choose rich every fucking time."

-Jordan Belfort
Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #763079
02/11/14 07:50 PM
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Thanks Del...about time we got an update on this trial. I was wondering what the hell was going on with it.

Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #763090
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Thanks buddy.

Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #763563
02/14/14 04:12 AM
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This pelullo seems like a major jagoff.


Thats a lie
Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #765619
02/25/14 07:54 PM
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Originally Posted By: pmac
George wrote a good article over on big trial. swear scarfo sr was trying to kill him kid kill. scarfo sr sends him 39 pages of paper work detailing the whole jersey faction of the luchese. tell him the older pernas are rats so is the tacettas who been in jail for 20yrs. then says the kids don't fall from the tree. know we know jr is capo and incharge of all these guys but he must think his dads nuts. if he beats this trial or gets 5 yrs or so between philly and luchese guys he's dead. I remember he was tight with the Gambino capo merola but that's screwed up ya father telling to be the capo of all these dangerous guys he says is rats. maybe scarfo jr got some bodies and people are alittle scared of him, probably not. but that guy can tred water. vic amuso ain boss no more and unless he was bringing crea tons of cash he got problems. cant be a good time in the philly holdings cells.

Tuesday, February 25, 2014


Scarfo Family's Troubled History Now Part Of FirstPlus Trial


By George Anastasia
For Bigtrial.net

He was nearly killed in one of the most infamous gangland shootings in the violent history of the Philadelphia mob.

His older brother has changed his name to get out from under the family stigma.

A younger brother tried to commit suicide for the same reason and has been comatose for 25 years.

That's part of the depressing personal history of Nicodemo S. Scarfo, a story that has made its way into testimony in the now seven-week old racketeering and fraud trial playing out in federal district court in Camden.

Scarfo, 47, is the lead defendant in the case. He and Salvatore Pelullo, a 45-year-old Mafia wannabe, are charged with orchestrating the secret takeover of a Texas mortgage company in 2007 and then ripping it off to the tune of $12 million.

But folded into the testimony about corporate structure, SEC filings and lawyerly dull diligence, the anonymously chosen jury panel of 18 (six are alternates) has also been getting a primer of the turbulent history of the local mob.

Scarfo and his jailed father, Nicodemo D. "Little Nicky" Scarfo, are at the center of that story.

"You're aware, aren't you, that he was shot in 1989 and almost killed?" Scarfo's lawyer, Michael Riley, asked his client's probation officer, Sharon O'Brien as she testified earlier today.

O'Brien, who is due back on the stand when the trial resumes tomorrow, said she was. One can assume the jury is also aware since this was not the first time Riley has mentioned the Halloween night shooting at Dante&Luigi's Restaurant that left the younger Scarfo with six bullet holes in his body.

Both the defense and the prosecution have used elements of the bloody Scarfo family saga to underscore their positions in the trial.

Riley has masterfully laid out the defense claim that prosecutors have used the spectre of organized crime to sensationalize and prop up fraud allegations that have little, if any, foundation. He has also told the jury that his client has been targeted by law enforcement -- often unjustly -- for most of his adult life because he shares the same name with his infamous father.

Little Nicky Scarfo is considered one of the most violent mob bosses in the history of the American Mafia and has been described by some prosecutors as a "psychopath" with a disturbing penchant for violence.

Prosecutors have painted Scarfo and Pelullo as corporate gangsters who used strong arm Mafia tactics, including threats of violence, to take over FirstPlus Financial and then, in a classic mob play, bust the joint out.

Ironically, it is Pelullo, on secretly recorded conversations picked up on FBI wiretaps, who has made most of those threats and who has talked like a B-movie bad guy. Scarfo's story, however, is the wheel around which the mob allegations spin.

It could be months before the jury is asked to sort it all out. Scarfo and Pelullo, both convicted felons, could face prison sentences of 30 years or more if convicted. Five other defendants, including four attorneys and the former CEO of FirstPlus are also on trial.

Scarfo's father, Little Nicky, and Lucchese crime family boss Vittorio "Vic" Amuso have been identified as unindicted co-conspirators in the case. Testimony and evidence has included details of visits Scarfo and Pelullo made to a federal prison in Atlanta where Scarfo was serving a 55-year term on racketeering and murder charges.

The elder Scarfo, 84, has a parole date of 2033, meaning he will probably die in jail. From testimony and evidence offered by the prosecution, he has been portrayed as a sounding board and cheerleader for what authorities say was the plan to takeover and loot FirstPlus.

He also warned his son about problems in the New Jersey underworld, describing several key members of the Lucchese family with whom the young Scarfo was associated as "rats" who should be avoided.

A letter Scarfo wrote to his son from prison in January 2008 -- about the same time the FirstPlus scam was unfolding according to authorities -- was introduced as evidence earlier in the trial. Attached to the letter, according to testimony, were court documents related to a wiretap affidavit and transcript from a 1999 federal investigation of organized crime figures.

The targets of that probe apparently included brothers Michael and Martin Taccetta and several members of the Perna family, fathers and sons, all of whom were members or associates of the Lucchese organization.

"My dear Son," Scarfo wrote, "hold on to these 39 pages for the future. Review them. Tacettas and Pernas are rats and the younger ones are glorified rats by proxy. And who knows how far they will go in the future. As far as I'm concerned, they're all lying rats.
"Love, Dad xxoo"

"Hardly a Hallmark card, is it," Riley quipped when cross-examining a federal prison official about the letter.

Donald Manno, a former Scarfo lawyer who is a co-defendant in the case, described the note as an attempt "by an old man" to "protect his son as best he could." Manno, who is representing himself, asked the same prison official the question that Riley posed to the probation officer today.

"You're aware that the son was shot seven timse, almost killed, by enemies of the father...you're aware of that?" Manno asked.

There has been no detailed explanation of what led Scarfo to make the allegation about the Taccettas and Pernas. The Taccetta brothers have been jailed on federal racketeering charges and on murder charges tied to a state case in Toms River involving the bludgeoning death of a video poker machine operator with golf clubs.

Martin Taccetta, released from prison a few years ago, is under indictment in Morris County in a pending state racketeering gambling case that includes 30 other mob members and associates, including the younger Scarfo and four members of the Perna family.

Michael Taccetta is due to be released from federal custody shortly.

One underworld source, while not discounting the possibility that some of those individuals mentioned by Scarfo may be cooperating, added that Scarfo, in jail since 1987, "is delusional. He thinks everybody's a rat."

The letter and bits and pieces of the overlapping mob connections are part of the intriguing back story that the jury in the FirstPlus case has been hearing. The jury also was shown a letter from the elder Scarfo to Pelullo and one from Amuso to the younger Scarfo congratulating him on being remarried.

Scarfo's marital problems were also part of the testimony today. He divorced his first wife in February 2007 and married his current wife on Valentine's Day of that year. His wife, Lisa Murray-Scarfo, was indicted in the FirstPlus case and has pleaded guilty to a mortgage fraud charge linked to the couple's purchase of a $715,000 home in Egg Harbor Township.

The down payment for that home came from money siphoned out of FirstPlus, authorities allege, and the mortgage itself was arranged through companies the government has linked to the scam.

O'Brien, the probation officer, was asked about two of those companies today, Global Net and Learned Associates and Scarfo's ties to them. O'Brien said she never determined exactly what the relationship was, but said her office was aware of the ongoing FBI investigation into FirstPlus and did not want to jeopardize it by raising questions with Scarfo.

Evidence introduced at the trial indicates that at the time Scarfo completed his three years of probation under O'Brien's supervision in March 2007 he was being paid $33,000-a-month as a consultant for Seven Hills Management, a Pelullo-backed company that authorities allege was also part of the scam. Scarfo also told O'Brien that he was about to begin working a second job for William Maxwell, a Texas lawyer whose brother John was the CEO of FirstPlus.

William Maxwell was special counsel to FirstPlus at the time. The Maxwell brothers are co-defendants in the ongoing trial. A letter from Maxwell indicated that he was going to pay Scarfo $150,000-a-year to develop business contacts and identify companies that could be purchased in New Jersey. The job also included a car, cell phone and business expenses.

"An opportunity like this is one I can build a tremendous career on," Scarfo said in a note to O'Brien about the job offer. The government alleges the salary from Maxwell and the consulting fee from Seven Hills were part of the scam and ways to funnel money from FirstPlus to Scarfo.

O'Brien said that Scarfo never fully disclosed his finances to the probation department, as he was required to do under the terms of his supervised release. She also said he lied to her by denying he had had contact with convicted felons and organized crime figures, two other prohibitions.

Personal details of Scarfo's life were also part of her testimony. She told the jury that before moving, Scarfo was living in Ventnor with his first wife, his daughter, his mother and his (comatose) brother.

Later, after divorcing and remarrying, she said Scarfo made a point of asking her to come and see his new baby. His second wife gave birth of a baby boy a few months after they were married on Valentine's Day 2007, she said.

O'Brien said Scarfo proudly told her he had named the enfant "Nicodemo Scarfo 3d."


http://www.bigtrial.net/2014/02/scarfo-familys-troubled-history-now.html

Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #765639
02/25/14 11:56 PM
02/25/14 11:56 PM
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Originally Posted By: Giancarlo

Martin Taccetta, released from prison a few years ago, is under indictment in Morris County in a pending state racketeering gambling case that includes 30 other mob members and associates, including the younger Scarfo and four members of the Perna family.

Michael Taccetta is due to be released from federal custody shortly.

Aren't they both currently locked up in state prisons?


"I die outside; I die in jail. It don't matter to me," -John Franzese
Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #765677
02/26/14 11:08 AM
02/26/14 11:08 AM
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Wilson101 Offline
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Yea they are both locked up in state prison. One is due to be released soon but this is obviously bad reporting.

Last edited by VegasMikey; 02/26/14 11:08 AM.
Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #765763
02/26/14 08:50 PM
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I expected better from GA.


"I die outside; I die in jail. It don't matter to me," -John Franzese
Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #766812
03/06/14 01:36 PM
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CAMDEN Defense attorneys in a federal racketeering case against reputed mobsters Wednesday attacked the prosecution's theory, using the testimony of a key government witness who offered insight into the alleged fraudulent takeover of a financial services company.


Cory Leshner, the witness who pleaded guilty in September for his role in the takeover of Texas-based FirstPlus Financial Group, testified in U.S. District Court in Camden that alleged mob associate Salvatore Pelullo launched several business ventures five months before Pelullo knew the financial services firm existed.

Pelullo's attorney said that contradicted the government's theory that Pelullo created the companies with the intent of taking over FirstPlus and defrauding its investors.

Prosecutors say Pelullo, along with reputed mobster Nicodemo Scarfo Jr. and others, acquired the entities in 2007 as part of a scheme to defraud FirstPlus' investors and loot the publicly traded company of millions of dollars.


Prosecutors describe 47-year-old Pelullo - a top associate to Scarfo, son of jailed Philadelphia mob boss Nicodemo "Little Nicky" Scarfo - as the de facto chief executive of FirstPlus.

In a 25-count indictment handed down in October 2011, prosecutors said Leshner worked for Scarfo and Pelullo and was responsible for day-to-day tasks at FirstPlus, including managing bank and credit accounts to conceal the source of money pilfered by the mob.

Pelullo's attorney, Michael Farrell, told jurors Wednesday that Leshner took a plea deal of five years in prison so he could avoid the 100 years laid out in the indictment.

Leshner, 30, a Pennsylvania lawyer with a wife and child, said the prospect of less jail time "played a role in my decision, but was not a primary factor."

Rather, Leshner said, "my conscience had caught up with me."

He said he used to be close with Pelullo, though. "I thought of Mr. Pelullo as a father figure," Leshner said, "and he thought of me as a son."

He added: "I was proud being with Sal. He made me feel good about myself. He's a vivacious guy. He makes you believe what he's saying, makes you believe you're a part of it."

The trial, which began in January, is scheduled to continue Thursday.



aseidman@phillynews.com

856-779-3846 @AndrewSeidman


"Let me tell you something. There's no nobility in poverty. I've been a poor man, and I've been a rich man. And I choose rich every fucking time."

-Jordan Belfort
Re: Scarfo Jr - Pelullo fraud trial [Re: Giancarlo] #767051
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Saturday, March 8, 2014

Defendant Jailed For Contempt In Fraud Case
By George Anastasia
For Bigtrial.net

The judge didn't think it was funny.

But apparently some of the defendants did.

As a result, one of them has ended up in jail. John Maxwell, the former CEO of FirstPlus Financial and a defendant in an ongoing racketeering fraud trial, was cited for contempt of court, had his bail revoked and was carted off to the Federal Detention Center in Philadelphia Thursday. He's been a "guest" at the federal facility ever since, joining co-defendants Nicodemo S. Scarfo and Salvatore Pelullo who have been denied bail and have been jailed since their arrests in November 2011.

Maxwell was apparently laughing during the cross-examination of Cory Leshner, a former top business associate of Pelullo's who has emerged as a key prosecution witness in the now two-month old trial. Leshner will be back on the stand when the trial resumes Monday.

Maxwell will be back at the defense table along with Scarfo, Pelullo and four other co-defendants, including Maxwell's brother William, a lawyer who was special counsel to FirstPlus while the alleged $12 million fraud took place. The other four defendants are free on bail.

Whether Judge Robert Kugler lifts the contempt order and reinstates bail for John Maxwell is an open question. Maxwell's court-appointed lawyer, Mark Catanzaro said he plans to ask Kugler to reconsider. Catanzaro said his client was "in shock" when Kugler lowered the boom.
The judge, however, said he was tired to warning the defendants about their comportment during the trial.

In a one-page contempt order filed Thursday, Kugler wrote that "Defendant, despite numerous warnings, caused an audible outburst in the court in the presence of the jury. No lesser sanction than revocation of bail would be sufficient to prevent further violations of the court's order. Defendant is in contempt of court."

The latest dustup occurred Thursday afternoon shortly before the trial recessed for the week. (There have been no Friday trial sessions.). Leshner was being cross-examined by Michael Riley, Scarfo's attorney, who had asked a series of questions about Pelullo and his split personality. Pelullo has been described as full of bravado and arrogance, but also as someone who could be kind and generous.

The trial includes several references to Pelullo making threats and Riley was asking about one in which Pelullo allegedly threatened to choke someone. Leshner said he had heard Pelullo make those kinds of comments, but had never seen him actually assault anyone. It was during that question-and-answer examination that several co-defendants apparently broke out laughing, according to a transcript of the court session that day.

With that, Kugler ordered the jurors to leave the courtroom. When they had been removed, he looked over at the defense table and asked, "Would you like to spend the next few nights in jail gentlemen because you think it's that funny?"

Since Scarfo and Pelullo are already in jail, the question was obviously addressed to some of the other defendants. Catanzaro said his client was not the only defendant laughing, but was apparently the one that Kugler saw.

While it sounds like something out of a Junior High School home room, the consequence were more severe than after school detention.

"How many more warnings is it going to take to get your attention that I'm not going to put up with this nonsense?" Kugler asked.

On Feb. 26, shortly after Leshner took the stand for the first time, Kugler issued a similar warning to Pelullo who was apparently smirking and laughing as Leshner described how Pelullo had introduced him to Scarfo at a barbecue in Ventnor on Memorial Day in 2006.

Based on the transcript, it's impossible to tell what brought on the laughter. Leshner had told the jury that Pelullo introduced Scarfo as "Nick Promo." Later, Leshner said, he learned Scarfo's real identify. Again, Kugler abruptly ordered the jurors to leave the courtroom.

Then he lit into Pelullo, asking him, "You want to keep laughing, Mr. Pelullo? You think this is funny?"

Kugler said he had warned Pelullo during pre-trial hearings and at the start of the trial that boisterous behavior would not be tolerated. He said Pelullo's conduct, "laughing out loud" at the witness "so that everybody could hear him" was not acceptable. He noted that Pelullo is already in jail and, since his attorney is court-appointed, apparently has no money. A fine, the judge said, would not have any impact.

The only recourse, he said, was to ban him from the courtroom. Presumably Pelullo would follow the proceedings from a closed circuit TV monitor in another room were that to happen.

It didn't come to that, however. After a five-minute recess, one of Pelullo's two court-appointed attorneys, Michael Farrell, apologized for his client, telling the judge there was no "malice" in his actions.

Kugler sounded less than satisfied, but relented on punishing the defendant.

"Mr. Pelullo, if you can't control yourself we have people who will," the judge said. "I will tolerate not another sound out of you...You will be barred and that will be it."

Pelullo then told the judge, "I apologize your honor...Thank you, your honor."

Described as a brash and arrogant businessman prior to his arrest, Pelullo didn't change after he was jailed. He has had a rocky relationship with the judge from the start. Among other things, he has chided Kugler on blog postings from prison, questioning his integrity and honesty, challenging the order that he be held without bail and implying that the judge is a second prosecutor in the case.

Kugler is a no-nonsense jurist who has handled some of the toughest and more complicated cases to come through the federal courthouse in Camden. Among others, he presided over the Fort Dix Five terrorism trial, a marathon proceeding that attracted national attention. Several of the court-appointed attorneys in the FirstPlus case, including Riley, Michael Huff, who represents William Maxwell, and Troy Archie, another Pelullo lawyer, were court-appointed defense attorneys in that proceeding as well.

Leshner's lawyer, Rocco Cipparone Jr., was also in the Fort Dix case.

John Maxwell may have paid a price for the actions of several defendants that brought Kugler to the boiling point.

"I don't think Mr. Maxwell was the only one," Catanzaro said while asking Kugler to reconsider his contempt order and the revocation of bail. But the judge would not budge. And, he added, "a similar fate awaits other people who violate my orders."

George Anastasia can be contacted at George@bigtrial.net.


"Let me tell you something. There's no nobility in poverty. I've been a poor man, and I've been a rich man. And I choose rich every fucking time."

-Jordan Belfort
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