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FBI & Southern Dist of NY Extortion of Daniel Fama #772469
04/10/14 09:07 AM
04/10/14 09:07 AM
Joined: Jul 2013
Posts: 247
Garbageman Offline OP
Made Member
Garbageman  Offline OP
Made Member
Joined: Jul 2013
Posts: 247
Taken from Jerry Capeci's awesome website - Gangland.com
in my opinion, and in Carnesi's and Hon. Judge Keenan' opinion. Venizelos, Bharara and Ted Ott all qualify as a criminal enterprise guilty of conspiring to commit Extortion of Daniel Fama. This is total BULLSHIT. Why cant conspiracy charges under the RICO Act be filed against these 3 individuals? They acted in concert with one another and I will guarantee it can be proven in a court of law that they are part of an ongoing criminal enterprise... Which is the federal government. Unfortunately, both Fama and Carnesi realize... Better to walk away with a sigh of relief, because trying to enact revenge is futile against these criminals. Fuckin shame.

Lawyer Calls For Federal Probe Of 'Bogus' Mob Murder Indictment In Last Rubout Ordered By John Gotti

A year ago, Manhattan U.S. Attorney Preet Bharara and FBI boss George Venizelos — the two top federal law enforcement officials in New York — announced the filing of murder charges in a 1990 mob rubout by John Gotti with gusto and chest thumping.

Last week, they sent a lone prosecutor into court to tell a federal judge it was all a mistake.

Manhattan Federal Judge John Keenan, a former homicide prosecutor who's been on the bench for 30 years, halted the proceedings briefly to read the two-page document the assistant U.S. attorney handed him to learn why the case was being dismissed.

Keenan clearly didn't like what he read. For one thing, based on the government's assertions, he had kept Daniel Fama behind bars for eight months as the ex-con awaited trial on what now was being tossed aside as a faulty indictment. 

And the judge let prosecutor Jason Masimore know it. Without raising his voice, but in no uncertain terms, Keenan indicated that he believed that Fama lawyer Charles Carnesi had been more honest with him about the failed murder case than the government. 

Keenan prefaced his angry words by stating that he would approve the dismissal. But he went out of his way to remind the prosecutor that, from the get-go, he had questioned the efficacy and strategy of the prosecution, as well as the government's request to detain the 49-year-old Gambino associate without bail. He had held Fama, he said, only at the government's urging.

The judge also didn't appear impressed with the excuses offered. The government's brief statement that it was "in the interests of justice" to dimiss the case of the murder of a suspected informer 24 years ago "leaves a lot to be desired from the point of view of the Court," said Keenan.

The feds were not nearly as bashful when they announced Fama's indictment. "Any attack against someone working with, or suspected of working with law enforcement will be strongly answered, and no matter how long it takes we will bring alleged criminals to justice," Bharara said at the time.

FBI Boss Venizelos stated that the case stemmed from the Bureau's dogged determination to see justice done. Venizelos noted the brutality of the murder, pointing out that the victim, "a person suspected of cooperation, was gunned down at his doorstep to silence him."

But beginning with his first appearance before Keenan, lawyer Carnesi argued that underboss Salvatore (Sammy Bull) Gravano, who chose the hit team, never told any members why they were killing their victim. As a result, Carnesi insisted, the government lacked the key element of the crime they charged against his client – the motive.

No one at the U.S. Attorney's office or the FBI was eager to talk about last week's dismissal. There was no public announcement of the filing of the nolle prosequi, the legal form that officially ended the case when Keenan signed it. Each declined to discuss the decision to drop the indictment, the first outright dismissal in a federal mob murder case that Gang Land, or any current or former mob prosecutors or lawyers we contacted can recall.

Keenan also got few answers at the hearing. "What does that tell me?" said the judge after reading the Fama nolle prosequi. "What does that mean? You don't have any facts that you want to give me?" he glared at the prosecutor, and continued, without waiting for an answer.

"You know, I tell defendants and defense lawyers, I sit up here every day and I listen very carefully to what goes on and what I'm told," said Keenan, who was assigned the case when the original judge recused himself in mid-May, more than a month after Fama was arrested on April 5, 2013.

"Way back on August 8, 1990, there was a murder over in Brooklyn," continued Keenan. "And on May 20, 2013, ten and-a-half months ago, there was a bail application Mr. Carnesi made, and it was an impassioned application. I remember it very well, because Mr. Fama had been in jail a long, long time, 18, 20 years. His contention was ... that he had a business and he was working."

Fama, who was released from prison in 2009 after 17 years behind bars, owns a rock quarry in New Jersey. While behind bars, and after completing his sentence, Fama rejected Gambino family overtures to become a "made man," according to court filings.

"I reserved decision," said Keenan. "I took the government's submission. And I remember very well questioning, how in God's name is this case here in the Southern District?  It's a Brooklyn murder. Why isn't it in the Eastern District?"

He recalled that prosecutors had explained that Fama's motive in killing Edward (Eddie The ch*nk) Garofalo "had something to do with tampering with a grand jury" in Manhattan and that after the judge suggested changes in the wording of the indictment to reflect that, prosecutors took his advice and "amended" it.

Then Keenan reminded the prosecutor that after Carnesi spoke to turncoat underboss Gravano, a "fellow," the judge said sarcastically, "who hasn't received a lot of publicity over the years," the government finally made "efforts to talk to him" and subsequently agreed to release Fama on bail in November of last year.

"What are the interests of justice here?" Keenan asked again, this time looking for an answer.

In reassessing the case, said Masimore, prosecutors realized they did not have the evidence they needed "to show that Mr. Fama knew at the time he drove that car to gun that man down that one of the reasons that he was doing that was to obstruct a grand jury investigation."

Masimore took the heat from Keenan for the government's dismissal, but lawyer Carnesi praised the prosecutor and his colleagues "for fact-checking what they were told and for stepping up and exercising their independent judgment and not prosecuting a case that would have been ethically irresponsible," when contacted by Gang Land.

Carnesi, as he has done in court filings, in proceedings before Keenan, and in prior remarks, accused FBI case agent Theodore Otto of abusing his authority to create a "bogus" murder charge against Fama in the hopes of getting him to flip against former Gambino family cohorts.

Otto, who attended most pre-trial sessions last year, was not in court last week. 

"The significant thing to me about the nolle," Carnesi told Gang Land, "is that the decision was based not on new information (that was recently learned by the government) but on information that was known to Otto, a veteran organized crime agent."

"By all rights, the case shouldn't end here," the lawyer continued. "I would love an investigation into the entire case by an independent federal prosecutor. My position is Ted Otto abused his authority in the hope he was going to flip Danny. He went out and arrested him and told him, 'We're going to put you back in jail, Charlie Carnesi can't help you.' He believed they could put pressure on him to flip. And the threat to flip him was this prosecution, which was a bogus prosecution. It never should have been brought."

"It wasn't brought to go to trial," said Carnesi. "It was brought to extort some kind of cooperation from him. I believe that's an abuse of his authority. And I believe Otto went a little bit further. One, he tried to interfere with his right to counsel. But more importantly, what happened in the grand jury? How did they get the indictment? These are unanswered questions."

"Danny was lucky, there was prior testimony and Sammy stood up, and came forward," the lawyer continued. "But the next guy Otto does this to may not be so lucky. I stand 1000 per cent behind what I'm stating. They are facts. My opinion is that Ted Otto should not be an FBI agent."

Asked if he or his client were considering filing a civil suit, Carnesi said he didn't think so. "This isn't about monetary damages. It's about the integrity of the FBI. It's about whether Ted Otto should be an FBI agent. It's about the FBI being too good an agency not to police itself."

Asked whether the FBI had any response to Carnesi's remarks, FBI spokesman Chris Sinos said: "We are obviously disappointed that the case against Danny Fama was dismissed and we have no reason to believe any of our agents acted inappropriately in this case."

Re: FBI & Southern Dist of NY Extortion of Daniel Fama [Re: Garbageman] #772472
04/10/14 09:21 AM
04/10/14 09:21 AM
Joined: Jul 2013
Posts: 247
Garbageman Offline OP
Made Member
Garbageman  Offline OP
Made Member
Joined: Jul 2013
Posts: 247
Last week, they sent a lone prosecutor into court to tell a federal judge it was all a mistake."
The prosecutor, Jason Masimore... Wouldn't you just LOVE to have been this poor schlub? Standing alone in front of Judge Keenan, in essence, doing the Gilda Radner/ Rosanne Rosannadanna "oh, nevermind"
wonder why they didn't send any head honchos in there? Everyone was standing there during the indictment, I bet. Jergovs


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