UNITED STATES OF AMERICA – against – MANNY BANA, PETER DEFILIPPO, FRANK DEROSA, SEBASTIAN DEROSA, JOSEPH LOIACONO, also known as “Joe Lefty,” RICHARD LOTITO, FRANK PASTORE, also known as “Big Frank,” ANTHONY PIPITONE, also known as “Little Anthony,” VITO PIPITONE, JOSEPH SAMMARTINO, also known as “Sammy,” JOSEPH SPATOLA, ANTHONY SCLAFANI, also known as “Scal,” PAUL SPINA, also known as “Fat Paulie,” FRANK TERZO and NATALE TERZO, Defendants.

JDB:NMA/GMP
F.#2009R01786
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
– – – – X
UNITED STATES OF AMERICA
– against –
MANNY BANA,
PETER DEFILIPPO,
FRANK DEROSA,
SEBASTIAN DEROSA,
JOSEPH LOIACONO,
also known as “Joe Lefty,”
RICHARD LOTITO,
FRANK PASTORE,
also known as “Big Frank,”
ANTHONY PIPITONE,
also known as “Little
Anthony,”
VITO PIPITONE,
JOSEPH SAMMARTINO,
also known as “Sammy,”
JOSEPH SPATOLA,
ANTHONY SCLAFANI,
also known as “Scal,”
PAUL SPINA,
also known as “Fat Paulie,”
FRANK TERZO and
NATALE TERZO,
Defendants.
– – – – – – – – – – – – – – X
THE GRAND JURY CHARGES:
I N D I C T MEN T
Cr. No.
(T. 18, U.S.C. §§ 513 (a),
892 (a), 893, 894 (a) (1),
924 (c) (1) (A) (i),
924 (c) (1) (A) (ii) ,
981(a) (1) (C), 982(a) (2) (A),
1344, 1512 (c) (2), 1623 (a),
1951 (a), 1955, 1959 (a) (3) ,
1959 (a) (4), 1959 (a) (6),
1962 (c), 1962 (d), 1963, 2
and 3551 et ~.; T. 21,
U.S.C., § 853 (p); T. 28,
U.S.C., § 2461 (c))
INTRODUCTION TO ALL COUNTS
At all times relevant to this Indictment, unless
otherwise indicated:
The Enterprise
1. The members and associates of the Bonanno organized
crime family of La Cosa Nostra (the “Bonanno family”) constituted
an “enterprise,” as defined in Title 18, United States Code,
Section 1961(4), that is, a group of individuals associated in
fact. The Bonanno family engaged in, and its activities
affected, interstate and foreign commerce. The Bonanno family
was an organized criminal group that operated in the Eastern
District of New York, other parts of the United States and
Canada. The Bonanno family constituted an ongoing organization,
whose members functioned as a continuing unit for a common
purpose of achieving the objectives of the enterprise.
2. The Bonanno family operated through groups of
individuals headed by “captains,” who were also referred to as
“skippers,” “caporegimes” and “capodecinas.” These groups, which
were referred to as \\crews, II “regimesll and “decinas f” consisted
of “made” members of the Bonanno family, also referred to as
“soldiers,” “friends of ours, 11 “good fellows” and \’buttons, If as
well as associates of the Bonanno family.
3. Each captain was responsible for supervising the
criminal activities of his crew and providing crew members and
associates with support and protection. In return, the captain
received a share of the earnings of each of the crew’s members
and associates.
2
4. Above the captains were the three highest-ranking
members of the Bonanno family. The head of the Bonanno family
was known as the nboss. H He was assisted by an “underboss” and a
counselor, who was known as the “consigliere.” With the
assistance of the underboss and consigliere, the boss was
responsible for setting policy, resolving disputes between
members and associates of the Bonanno family and members and
associates of other criminal organizations, and approving all
significant actions taken by members and associates of the
Bonanno family, including murder.
5. The boss, underboss and consigliere of the Bonanno
family, who were sometimes referred to collectively as the
“administration,” supervised, supported, protected and
disciplined the captains, soldiers and associates and regularly
received reports regarding the activities of the members and
associates of the Bonanno family. In return for their
supervision and protection, the boss, underboss and consigliere
received part of the illegal earnings of each crew.
6. The Bonanno family was part of an international
criminal organization known by various names, including the
“mafia” and “La Cosa Nostra,” which operated through entities
known as ufamilies. H The ruling body of this organization was
known as the “commission,” the membership of which at various
times has included the bosses of the five New York City-based
3
families, to wit: the Bonanno, Colombo, Gambino, Genovese and
Luchese organized crime families. For a period of time, the boss
of the Bonanno family was removed from membership within the
commission.
7. From time to time, the Bonanno family would propose
a list of associates to be “made,” that is, to become members of
the Bonanno family. The list would be circulated to the other
families based in New York City. Upon becoming “made,” each
member would take an oath of “omerta,” vowing never to reveal any
information about the Bonanno family, its members or associates.
The Purposes, Methods and Means of the Enterprise
8. The principal purpose of the Bonanno family was to
generate money for its members and associates. This purpose was
implemented by members and associates of the Bonanno family
through various criminal activities, including drug trafficking,
extortion, illegal gambling, loansharking and robbery. The
members and associates of the Bonanno family also furthered the
enterprise’s criminal activities by threatening economic injury
and using and threatening to use physical violence, including
murder.
9. Although the primary purpose of the Bonanno family
was to generate money for its members and associates, the members
and associates at times used the resources of the Bonanno family
to settle personal grievances and vendettas, sometimes with the
4
approval of higher-ranking members of the Bonanno family. For
those purposes, members and associates of the enterprise were
asked and expected to carry out, among other crimes, acts of
violence, including murder and assault.
10. The members and associates of the Bonanno family
engaged in conduct designed to prevent government detection of
their identities, their illegal activities and the location of
proceeds of those activities. That conduct included a commitment
to murdering persons, particularly members or associates of
organized crime families, who were perceived as potential
witnesses against members and associates of the enterprise.
11. Members and associates of the Bonanno family often
coordinated street-level criminal activity, such as drug
trafficking, illegal gambling, loansharking, extortion and
robbery, with members and associates of other organized crime
families.
The Defendants
12. The defendants PETER DEFILIPPO, JOSEPH LOIACONO,
also known as “Joe Lefty,” FRANK PASTORE, also known as “Big
Frank,” ANTHONY PIPITONE, also known as “Little Anthony,” JOSEPH
SAMMARTINO, also known as “Sammy,” and ANTHONY SCLAFANI, also
known as “Seal,” participated in the operation and management of
the enterprise.
5
13. At various times relevant to this Indictment, the
defendant JOSEPH SAMMARTINO was a captain, acting captain,
soldier and associate within the Bonanno family.
14. At various times relevant to this Indictment, the
defendant ANTHONY SCLAFANI was a captain, acting captain, soldier
and associate within the Bonanno family.
15. At various times relevant to this Indictment, the
defendant JOSEPH LOIACONO was an acting captain, soldier and
associate within the Bonanno family.
16. At various times relevant to this Indictment, the
defendant ANTHONY PIPITONE was an acting captain, soldier and
associate within the Bonanno family.
17. At various times relevant to this Indictment, the
defendant PAUL SPINA was an acting captain, soldier and associate
within the Bonanno family.
18. At various times relevant to this Indictment, the
defendant FRANK PASTORE was a soldier and associate within the
Bonanno family.
19. At various times relevant to this Indictment, the
defendants MANNY BANA, PETER DEFILIPPO, FRANK DEROSA, VITO
PIPITONE, JOSEPH SPATOLA and NATALE TERZO were associates within
the Bonanno family.
6
COUNT ONE
(Racketeering)
20. The allegations contained in paragraphs one
through nineteen are realleged and incorporated as if fully set
forth in this paragraph.
21. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants PETER
DEFILIPPO, JOSEPH LOIACONO, also known as “Joe Lefty,” ANTHONY
PIPITONE, also known as “Little Anthony,” and ANTHONY SCLAFANI,
also known as “Seal,” together with others, being persons
employed by and associated with the Bonanno family, an enterprise
that engaged in, and the activities of which affected, interstate
and foreign commerce, did knowingly and intentionally conduct and
participate, directly and indirectly, in the conduct of the
affairs of that enterprise through a pattern of racketeering
activity, as defined in Title 18, United States Code, Sections
1961(1) and 1961(5), consisting of the racketeering acts set
forth below.
RACKETEERING ACT ONE
(Extortionate Extension of Credit Conspiracy/ Extortionate
Extension of Credit/ Extortionate Collection of Credit
Conspiracy/ Extortionate Collection of Credit – John Doe #1)
22. The defendants named below committed the following
acts in which they are named, anyone of which constitutes
Racketeering Act One:
7
A. Extortionate Extension of Credit Conspiracy
23. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants JOSEPH
LOIACONO and ANTHONY SCLAFANI, together with others, did
knowingly and intentionally conspire to make an extortionate
extension of credit in the amount of approximately $42,500 to
John Doe #1, an individual whose identity is known to the Grand
Jury, in violation of Title 18, United States Code, Section
892(a) .
B. Extortionate Extension of Credit
24. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants
JOSEPH LOIACONO and ANTHONY SCLAFANI, together with others, did
knowingly and intentionally make an extortionate extension of
credit in the amount of approximately $42,500 to John Doe #1, in
violation of Title 18, United States Code, Sections 892(a) and 2.
C. Extortionate Collection of Credit Conspiracy
25. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants PETER
DEFILIPPO, JOSEPH LOIACONO, ANTHONY PIPITONE and ANTHONY
SCLAFANI, together with others, did knowingly and intentionally
8
conspire to participate in the use of extortionate means to
collect an extension of credit from John Doe #1, in violation of
Title 18, United States Code, Section 894(a) (1).
D. Extortionate Collection of Credit
26. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants PETER
DEFILIPPO, JOSEPH LOIACONO, ANTHONY PIPITONE and ANTHONY
SCLAFANI, together with others, did knowingly and intentionally
participate in the use of extortionate means to collect an
extension of credit from John Doe #1, in violation of Title 18,
United States Code, Sections 894(a) (1) and 2.
E. State Extortion Conspiracy
27. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants PETER
DEFILIPPO, JOSEPH LOIACONO, ANTHONY PIPITONE and ANTHONY
SCLAFANI, together with others, did knowingly and intentionally
conspire to steal property by extortion, in that the defendants
and others agreed to obtain property, to wit: money from John Doe
#1, with the consent of John Doe #1, by instilling in him a fear
that if the property was not delivered the defendants and others
would cause physical injury to John Doe #1 in the future and
9
cause damage to John Doe #l’s property, in violation of New York
Penal Law Sections 155.40 and 105.10.
F. State Extortion
28. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants PETER
DEFILIPPO, JOSEPH LOIACONO, ANTHONY PIPITONE and ANTHONY
SCLAFANI, together with others, did knowingly and intentionally
steal property by extortion, in that the defendants and others
agreed to obtain property, to wit: money from John Doe #1, with
the consent of John Doe #1, by instilling in him a fear that if
the property was not delivered the defendants and others would
cause physical injury to John Doe #1 in the future and cause
damage to John Doe #l’s property, in violation of New York Penal
Law Sections 155.40 and 20.00.
RACKETEERING ACT TWO
(Marijuana Distribution Conspiracy)
29. On or about and between June 1, 2004 and December
31, 2004, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant ANTHONY
PIPITONE, together with others, did knowingly and intentionally
conspire to possess with intent to distribute a controlled
substance, which offense involved a substance containing
marijuana, a Schedule I controlled substance, in violation of
Title 21, United States Code, Sections 841(a) (1) and 846.
10
RACKETEERING ACT THREE
(Extortionate Extension of Credit Conspiracy/ Extortionate
Extension of Credit)
30. The defendant ANTHONY SCLAFANI committed the
following acts, anyone of which alone constitutes Racketeering
Act Three:
A. Extortionate Extension of Credit Conspiracy
31. On or about and between May 1, 2006 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant ANTHONY
SCLAFANI, together with others, did knowingly and intentionally
conspire to make an extortionate extension of credit in the
amount of approximately $10,000 to John Doe #1, in violation of
Title 18, United States Code, Section 892(a)
B. Extortionate Extension of Credit
32. On or about and between May 1, 2006 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant ANTHONY
SCLAFANI, together with others, did knowingly and intentionally
make an extortionate extension of credit in the amount of
approximately $10,000 to John Doe #1, in violation of Title 18,
United States Code, Sections 892(a) and 2.
C. Extortionate Collection of Credit Conspiracy
33. On or about and between May 1, 2006 and November
17, 2008, both dates being approximate and inclusive, within the
11
Eastern District of New York and elsewhere, the defendant ANTHONY
SCLAFANI, together with others, did knowingly and intentionally
conspire to participate in the use of extortionate means to
collect an extension of credit from John Doe #1, in violation of
Title 18, United States Code, Section 894(a) (1)
D. Extortionate Collection of Credit
34. On or about and between May 1, 2006 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant ANTHONY
SCLAFANI, together with others, did knowingly and intentionally
participate in the use of extortionate means to collect an
extension of credit from John Doe #1, in violation of Title 18,
United States Code, Sections 894(a) (1) and 2.
RACKETEERING ACT FOUR
(Illegal Gambling – Joker Poker)
35. On or about and between January 1, 2007 and
November 17, 2008, both dates being approximate and inclusive,
within the Eastern District of New York and elsewhere, the
defendant ANTHONY PIPITONE, together with others, did knowingly
and intentionally conduct, finance, manage, supervise, direct and
own all or part of an illegal gambling business, to wit: a
gambling business involving the use of joker-poker type gambling
machines, which operated in violation of the laws of the State of
New York, to wit: New York Penal Law Sections 225.30(a) (2) and
20.00, which involved five or more persons who conducted,
12
financed, managed, supervised, directed and owned all or part of
such business and which remained in substantially continuous
operation for a period in excess of 30 days and had a gross
revenue of at least $2,000 in any single day, in violation of
Title 18, united States Code, Sections 1955 and 2.
RACKETEERING ACT FIVE
(Extortion Conspiracy/ Extortion – John Doe #2)
36. The defendants PETER DEFILIPPO, JOSEPH LOIACONO
and ANTHONY SCLAFANI committed the following acts, anyone of
which alone constitutes Racketeering Act Five:
A. State Extortion Conspiracy
37. On or about and between March 1, 2007 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants PETER
DEFILIPPO, JOSEPH LOIACONO and ANTHONY SCLAFANI, together with
others, did knowingly and intentionally conspire to steal
property by extortion, in that the defendants and others agreed
to obtain property, to wit: money from John Doe #2, an individual
whose identity is known to the Grand Jury, with the consent of
John Doe #2, by instilling in him a fear that if the property was
not delivered the defendants and others would cause physical
injury to John Doe #2 in the future and cause damage to John Doe
#2’s property, in violation of New York Penal Law Sections 155.40
and 105.10.
13
B. State Extortion
38. On or about and between March 1, 2007 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants PETER
DEFILIPPO, JOSEPH LOIACONO and ANTHONY SCLAFANI, together with
others, did knowingly and intentionally steal property by
extortion, in that the defendants and others agreed to obtain
property, to wit: money from John Doe #2, with the consent of
John Doe #2, by instilling in him a fear that if the property was
not delivered the defendants and others would cause physical
injury to John Doe #2 in the future and cause damage to John Doe
#2’s property, in violation of New York Penal Law Sections 155.40
and 20.00.
RACKETEERING ACT SIX
(Bank Fraud)
39. On or about and between August 1, 2007 and
September 30, 2007, both dates being approximate and inclusive,
within the Eastern District of New York and elsewhere, the
defendant PETER DEFILIPPO did knowingly and intentionally execute
a scheme and artifice to defraud one or more financial
institutions, to wit: Northfield Bank and Unity Bank, and to
obtain moneys, funds and credits owned by and under the custody
and control of said financial institution or institutions, by
means of materially false and fraudulent pretenses,
14
representations and promises, in violation of Title 18, United
States Code, Section 1344.
(Title 18, United States Code, Sections 1962(c), 1963
and 3551 et seq.)
COUNT TWO
(Racketeering Conspiracy)
40. The allegations contained in paragraphs one
through nineteen are realleged and incorporated as if fully set
forth in this paragraph.
41. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants PETER
DEFILIPPO, JOSEPH LOIACONO, also known as “Joe Lefty,” ANTHONY
PIPITONE, also known as “Little Anthony,” and ANTHONY SCLAFANI,
also known as “Seal,” together with others, being persons
employed by and associated with the Bonanno family, an enterprise
that engaged in, and the activities of which affected, interstate
and foreign commerce, did knowingly and intentionally conspire to
violate Title 18, United States Code, Section 1962(c), that is,
to conduct and participate, directly and indirectly, in the
conduct of the affairs of that enterprise through a pattern of
racketeering activity, as defined in Title 18, United States
Code, Sections 1961(1) and 1961(5).
42. The pattern of racketeering activity through which
the above-named defendants, together with others, agreed to
15
conduct the affairs of the enterprise consisted of the acts set
forth in paragraphs twenty-two through thirty-nine of Count One,
as Racketeering Acts One through Six, which are realleged and
incorporated as if fully set forth herein. The defendants agreed
that a conspirator would commit at least two acts of racketeering
in the conduct of the affairs of the enterprise.
(Title 18, United States Code, sections 1962(d), 1963
and 3551 et ~.)
COUNT THREE
(Extortionate Extension of Credit Conspiracy – John Doe #3)
43. On or about and between December 1, 2003 and April
1, 2009, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant RICHARD
LOTITO, together with others, did knowingly and intentionally
conspire to make an extortionate extension of credit to John Doe
#3, an individual whose identity is known to the Grand Jury, in
violation of Title 18, United States Code, Section 892(a).
(Title 18, United States Code, Sections 892(a) and 3551
COUNT FOUR
(Extortionate Extension of Credit – John Doe #3)
44. On or about and between December 1, 2003 and April
1, 2009, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant RICHARD
16
LOTITO, together with others, did knowingly and intentionally
make an extortionate extension of credit to John Doe #3.
(Title 18, United States Code, Sections 892(a), 2 and
3551 et seq.)
COUNT FIVE
(Extortionate Collection of Credit Conspiracy – John Doe #3)
45. On or about and between December 1, 2003 and April
1, 2009, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant RICHARD
LOTITO, together with others, did knowingly and intentionally
conspire to participate in the use of extortionate means to
collect an extension of credit from John Doe #3, in violation of
Title 18, United States Code, Section 894(a) (1).
(Title 18, United States Code, Sections 894(a) (1) and
3551 et seq.)
COUNT SIX
(Extortionate Collection of Credit – John Doe #3)
46. On or about and between December 1, 2003 and April
1, 2009, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant RICHARD
LOTITO, together with others, did knowingly and intentionally
17
participate in the use of extortionate means to collect an
extension of credit from John Doe #3.
(Title 18, united states Code, sections 894 (a) (1), 2
and 3551 et seq.)
COUNT SEVEN
(Collection of Unlawful Debt Conspiracy)
47. The allegations contained in paragraphs one
through nineteen are realleged and incorporated as if fUlly set
forth in this paragraph.
48. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants PETER
DEFILIPPO, JOSEPH LOIACONO, also known as “Joe Lefty,” ANTHONY
PIPITONE, also known as “Little Anthony,” JOSEPH SAMMARTINO, also
known as “Sammy,” and ANTHONY SCLAFANI, also known as “Seal,”
together with others, being persons employed by and associated
with the Bonanno family, an enterprise that engaged in, and the
activities of which affected, interstate and foreign commerce,
did knowingly and intentionally conspire to violate Title 18,
United States Code, section 1962(c), that is, to conduct and
participate, directly and indirectly, in the conduct of the
affairs of that enterprise through the collection from John
Doe #1 and John Doe #2 of unlawful debt, as that term is defined
in Title 18, united States Code, Section 1961(6), to wit: debts
that were unenforceable under New York State law, to wit: New
18
York Penal Law Section 190.40, in whole and in part as to
principal and interest because of the law relating to usury and
were incurred in connection with the business of lending money
and a thing of value at a rate usurious under New York State law,
where the usurious rate was at least twice the enforceable rate.
(Title 18, United States Code, Sections 1962(d), 1963
and 3551 et ~’)
COUNT EIGHT
(Extortionate Extension of Credit Conspiracy – John Doe #1)
49. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants MANNY
BANA, JOSEPH LOIACONO, also known as “Joe Lefty,” and ANTHONY
SCLAFANI, also known as “Seal,” together with others, did
knowingly and intentionally conspire to make an extortionate
extension of credit in the amount of approximately $42,500 to
John Doe #1, in violation of Title 18, United States Code,
Section 892(a).
(Title 18, United States Code, Sections 892(a) and 3551
et ~’)
COUNT NINE
(Extortionate Extension of Credit – John Doe #1)
50. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants MANNY
19
BANA, JOSEPH LOIACONO, also known as “Joe Lefty,” and ANTHONY
SCLAFANI, also known as “Seal,” together with others, did
knowingly and intentionally make an extortionate extension in the
amount of approximately $42,500 of credit to John Doe #1.
(Title 18, United States Code, Sections 892(a), 2 and
3551 et seq.)
COUNT TEN
(Extortionate Extension of Credit Financing)
51. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant MANNY
BANA, together with others, did knowingly and intentionally
advance money as a loan, an investment and otherwise, to one or
more other persons, with reasonable grounds to believe that it
was the intention of such person or persons to use the money so
advanced for the purpose of making extortionate extensions of
credit.
(Title 18, United States Code, Sections 893, 2 and 3551
et seq.)
COUNT ELEVEN
(Extortionate Collection of Credit Conspiracy – John Doe #1)
52. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants MANNY
BANA, PETER DEFILIPPO, JOSEPH LOIACONO, also known as “Joe
20
Lefty,” ANTHONY PIPITONE, also known as “Little Anthony,” JOSEPH
SAMMARTINO, also known as “Sammy,” and ANTHONY SCLAFANI, also
known as “Seal,” together with others, did knowingly and
intentionally conspire to participate in the use of extortionate
means to collect an extension of credit from John Doe #1, in
violation of Title 18, United States Code, Section 894(a) (1).
(Title 18, United States Code, Sections 894(a) (1) and
3551 et ~.)
COUNT TWELVE
(Extortionate Collection of Credit – John Doe #1)
53. On or about and between May 1, 2004 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants MANNY
BANA, PETER DEFILIPPO, JOSEPH LOIACONO, also known as “Joe
Lefty,” ANTHONY PIPITONE, also known as “Little Anthony,” JOSEPH
SAMMARTINO, also known as “Sammy,” and ANTHONY SCLAFANI, also
known as “Seal,” together with others, did knowingly and
intentionally participate in the use of extortionate means to
collect an extension of credit from John Doe #1.
(Title 18, United States Code, Sections 894(a) (1),2
and 3551 et seq.)
21
COUNT THIRTEEN
(Threatening to Commit a Crime of Violence in Aid of
Racketeering)
54. The allegations contained in paragraphs one
through nineteen are realleged and incorporated as if fully set
forth in this paragraph.
55. At all times relevant to this Indictment, the
Bonanno family constituted an enterprise as defined in Title 18,
United States Code, Section 1959(b) (2), that is, a group of
individuals associated in fact which was engaged in, and the
activities of which affected, interstate and foreign commerce.
The enterprise constituted an ongoing organization whose members
functioned as a continuing unit for a common purpose of achieving
the objectives of the enterprise.
56. The Bonanno family enterprise, through its members
and associates, engaged in racketeering activity, as defined in
Title 18, United States Code, Sections 1959(b) (1) and 1961(1),
that is, acts involving extortion, in violation of New York State
Penal Law; acts indictable under Title 18, United States Code,
Section 892 (making of extortionate extensions of credit), Title
18, United States Code, Section 894 (collecting extensions of
credit through extortionate means), and Title 18, United States
Code, Section 1955 (illegal gambling); and acts involving
violations of Title 21, United States Code, Sections 841 and 846
(narcotics distribution) .
22
57. On or about October 9, 2004, within the Eastern
District of New York, the defendant PAUL SPINA, also known as
“Fat Paulie,” together with others, for the purpose of gaining
entrance to and maintaining and increasing position in the
Bonanno Family, an enterprise engaged in racketeering activity,
did knowingly and intentionally threaten to commit a crime of
violence against John Doe #4, an individual whose identity is
known to the Grand Jury, in violation of New York Penal Law
Sections 135.65 and 20.00.
(Title 18, United States Code, Sections 1959(a) (4), 2
and 3551 et ~.)
COUNT FOURTEEN
(Using and Carrying a Firearm)
58. On or about October 9, 2004, within the Eastern
District of New York, the defendant PAUL SPINA, also known as
“Fat Paulie,” did knowingly and intentionally possess a firearm
in furtherance of a crime of violence, to wit: the crime charged
in Count Thirteen, and did knowingly and intentionally use and
carry a firearm during and in relation to that crime.
(Title 18, United States Code, Sections
924 (c) (1) (A) (i), 924 (c) (1) (A) (ii) and 3551 et ~.)
23
COUNT FIFTEEN
(Conspiracy to Commit Assault in Aid of Racketeering John
Doe #4)
59. The allegations contained in paragraphs one
through nineteen and fifty-five through fifty-six are realleged
and incorporated as if fully set forth in this paragraph.
60. On or about October 10, 2004, within the Eastern
District of New York, the defendants ANTHONY PIPITONE, also known
as “Little Anthony,” VITO PIPITONE, JOSEPH SPATOLA, PAUL SPINA,
also known as “Fat Paulie,” and FRANK TERZO, together with
others, for the purpose of gaining entrance to and maintaining
and increasing position in the Bonanno Family, an enterprise
engaged in racketeering activity, did knowingly and intentionally
conspire to assault John Doe #4 with a dangerous weapon and with
intent to cause serious bodily injury, in violation of New York
Penal Law Sections 120.05(1), 120.05(2) and 105.05(1).
(Title 18, United States Code, Sections 1959(a) (6), 2
and 3551 et ~.)
COUNT SIXTEEN
(Assault in Aid of Racketeering John
Doe #5)
61. The allegations contained in paragraphs one
through nineteen and fifty-five through fifty-six are realleged
and incorporated as if fully set forth in this paragraph.
62. On or about October 10, 2004, within the Eastern
District of New York, the defendants ANTHONY PIPITONE, also known
24
as “Little Anthony,” VITO PIPITONE, JOSEPH SPATOLA, PAUL SPINA,
also known as “Fat Paulie,” and FRANK TERZO, together with
others, for the purpose of gaining entrance to and maintaining
and increasing position in the Bonanno Family, an enterprise
engaged in racketeering activity, did knowingly and intentionally
assault John Doe #5, an individual whose identity is known to the
Grand Jury, with a dangerous weapon, in violation of New York
Penal Law Sections 120.05(2) and 20.00.
(Title 18, United States Code, Sections 1959(a) (3), 2
and 3551 et seg.)
COUNT SEVENTEEN
(Assault in Aid of Racketeering John
Doe #5)
63. The allegations contained in paragraphs one
through nineteen and fifty-five through fifty-six are realleged
and incorporated as if fully set forth in this paragraph.
64. On or about October 10, 2004, within the Eastern
District of New York, the defendants ANTHONY PIPITONE, also known
as “Little Anthony,” VITO PIPITONE, JOSEPH SPATOLA, PAUL SPINA,
also known as “Fat Paulie,” and FRANK TERZO, together with
others, for the purpose of gaining entrance to and maintaining
and increasing position in the Bonanno Family, an enterprise
engaged in racketeering activity, did knowingly and intentionally
25
assault John Doe #5 with intent to cause serious bodily injury,
in violation of New York Penal Law Sections 120.05(1) and 20.00.
(Title 18, United States Code, Sections 1959(a) (3), 2
and 3551 et ~.)
COUNT EIGHTEEN
(Assault in Aid of Racketeering John
Doe #6)
65. The allegations contained in paragraphs one
through nineteen and fifty-five through fifty-six are realleged
and incorporated as if fully set forth in this paragraph.
66. On or about October 10, 2004, within the Eastern
District of New York, the defendants ANTHONY PIPITONE, also known
as “Little Anthony,” VITO PIPITONE, JOSEPH SPATOLA, PAUL SPINA,
also known as “Fat Paulie,” and FRANK TERZO, together with
others, for the purpose of gaining entrance to and maintaining
and increasing position in the Bonanno Family, an enterprise
engaged in racketeering activity, did knowingly and intentionally
assault John Doe #6, an individual whose identity is known to the
Grand Jury, with a dangerous weapon, in violation of New York
Penal Law Sections 120.05(2) and 20.00.
(Title 18, United States Code, Sections 1959(a) (3), 2
and 3551 et ~.)
COUNT NINETEEN
(Extortionate Extension of Credit Conspiracy – John Doe #1)
67. On or about and between May 1, 2006 and November
17, 2008, both dates being approximate and inclusive, within the
26
Eastern District of New York and elsewhere, the defendants FRANK
DEROSA, SEBASTIAN DEROSA and ANTHONY SCLAFANI, also known as
“Seal,” together with others, did knowingly and intentionally
conspire to make an extortionate extension of credit in the
amount of approximately $10,000 to John Doe #1, in violation of
Title 18, united States Code, Section 892(a).
(Title 18, United States Code, Sections 892(a) and 3551
COUNT TWENTY
(Extortionate Extension of Credit – John Doe #1)
68. On or about and between May 1, 2006 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants FRANK
DEROSA, SEBASTIAN DEROSA and ANTHONY SCLAFANI, also known as
“Seal,” together with others, did knowingly and intentionally
make an extortionate extension of credit in the amount of
approximately $10,000 to John Doe #1.
(Title 18, United States Code, Sections 892(a), 2 and
3551 et seq.)
COUNT TWENTY-ONE
(Extortionate Extension of Credit Financing)
69. On or about and between May 1, 2006 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants FRANK
DEROSA and SEBASTIAN DEROSA, together with others, did knowingly
27
and intentionally advance money as a loan, an investment and
otherwise, to one or more other persons with reasonable grounds
to believe that it was the intention of such other person or
persons to use the money so advanced for the purpose of making
extortionate extensions of credit.
(Title 18, United States Code, Sections 893, 2 and 3551
et lliill.)
COUNT TWENTY-TWO
(Extortionate Collection of Credit Conspiracy – John Doe #1)
70. On or about and between May 1, 2006 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants FRANK
DEROSA, SEBASTIAN DEROSA and ANTHONY SCLAFANI, also known as
“Seal,” together with others, did knowingly and intentionally
conspire to participate in the use of extortionate means to
collect an extension of credit from John Doe #1, in violation of
Title 18, United States Code, Section 894 (a) (1) .
(Title 18, United States Code, Sections 894(a) (1) and
3551 et lliill.)
COUNT TWENTY-THREE
(Extortionate Collection of Credit – John Doe #1)
71. On or about and between May 1, 2006 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants FRANK
28
DEROSA, SEBASTIAN DEROSA and ANTHONY SCLAFANI, also known as
“Seal,” together with others, did knowingly and intentionally
participate in the use of extortionate means to collect an
extortionate extension of credit from John Doe #1.
(Title 18, United States Code, Sections 894 (a) (1), 2
and 3551 et seq.)
COUNT TWENTY-FOUR
(Obstruction of Justice)
72. On or about January 10, 2007, within the Eastern
District of New York and elsewhere, the defendant NATALE TERZO
did knowingly, intentionally and corruptly attempt to obstruct,
influence and impede an official proceeding, to wit: a Grand Jury
investigation in the Eastern District of New York.
(Title 18, United States Code, Sections 1512 (c) (2) and
3551 et seq.)
COUNT TWENTY-FIVE
(Perjury)
73. On or about January 10, 2007, within the Eastern
District of New York and elsewhere, the defendant NATALE TERZO,
while under oath in a proceeding before a Grand Jury of the
Unites States, to wit: a Grand Jury in the Eastern District of
New York, did knowingly and intentionally make a false material
declaration as set forth below:
Q: At any point in time did anyone involved with
organized crime ever approach you in any way to
ask you to pay any money?
29
A: Absolutely not.
Q: Or offer you any services of any kind?
A: Absolutely not.
(Page 17, lines 2 through 7 )
74. The testimony described above by the defendant
NATALE TERZO, as he then well knew and believed, was false in
that members of organized crime had offered their services to
NATALE TERZO to resolve a matter, to wit: to obtain reimbursement
for the breaking of the windows of Napa & Sonoma in approximately
2004.
(Title 18, United States Code, Sections 1623(a) and
3551 et ~.)
COUNT TWENTY-SIX
(Perjury)
75. On or about January 10, 2007, within the Eastern
District of New York and elsewhere, the defendant NATALE TERZO,
while under oath in a proceeding before a Grand Jury of the
Unites States, to wit: a Grand Jury in the Eastern District of
New York, did knowingly and intentionally make a false material
declaration as set forth below:
Q: Did you at any point in time ever approach anyone
in organized crime to ask for any assistance in
any matter?
A: No, not to the best of my recollection.
(Page 17, lines 8 through 11)
30
76. The testimony described above by the defendant
NATALE TERZO, as he then well knew and believed, was false in
that defendant NATALE TERZO had approached members of organized
crime for assistance in a matter, to wit: to resolve a debt owed
by a family member of NATALE TERZO to another individual.
(Title 18, United States Code, Sections 1623(a) and
3551 et ~.)
COUNT TWENTY-SEVEN
(Perjury)
77. On or about January 10, 2007, within the Eastern
District of New York and elsewhere, the defendant NATALE TERZO,
while under oath in a proceeding before a Grand Jury of the
Unites States, to wit: a Grand Jury in the Eastern District of
New York, did knowingly and intentionally make a false material
declaration as set forth below:
Q: Was [Randy Pizzolo] ever in any way hostile or
anything toward other patrons, towards you,
towards your employees?
A: No, no.
(Page 31, lines 24-25, page 32, lines 1-2).
Q: As far as you know, did [Randy Pizzolo] ever cause
any kind of disturbance in your restaurant?
A: There was a shouting match, I believe, a long time
ago, but nothing out of the ordinary. Nothing
serious.
Q: Do you remember who the shouting match was with?
A: No, I don’t.
31
Q: Do you remember what the shouting was about?
A: At that point I don’t care what they’re shouting
about, just that they’re getting out.
Q: Do you recall if it was Mr. pizzolo and one other
person, or were there many people?
A: I don’t recall. It could have been more than one.
(Page 32, lines 10 through 25) .
78. The testimony described above by the defendant
NATALE TERZO, as he then well knew and believed, was false in
that defendant NATALE TERZO did recall several serious
disturbances in Napa & Sonoma caused by Randy Pizzolo, to wit:
(1) on one occasion in Napa & Sonoma, Randy pizzolo attempted to
stab an individual with a steak knife, and (2) on another
occasion, Randy pizzolo brought a firearm inside Napa & Sonoma
and engaged in an argument with an individual.
(Title 18, United States Code, Sections 1623(a) and
3551 et seq.)
COUNT TWENTY-EIGHT
(Perjury)
79. On or about January 10, 2007, within the Eastern
District of New York and elsewhere, the defendant NATALE TERZO,
while under oath in a proceeding before a Grand Jury of the
Unites States, to wit: a Grand Jury in the Eastern District of
New York, did knowingly and intentionally make a false material
declaration as set forth below:
32
Q: Do you know if [Joe Bonelli] ever tried to collect
money from people in your restaurant?
A: Not from me.
(Page 34, lines 4 through 6) .
80. The testimony described above by the defendant
NATALE TERZO, as he then well knew and believed, was false in
that defendant NATALE TERZO knew that Joe Bonelli did try to
collect money from people in NATALE TERZO’s restaurant, to wit:
NATALE TERZO.
(Title 18, United States Code, Sections 1623(a) and
3551 et ~.)
COUNT TWENTY-NINE
(Hobbs Act Extortion Conspiracy)
81. On or about and between March 1, 2007 and November
17, 2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants PETER
DEFILIPPO, JOSEPH LOIACONO, also known as “Joe Lefty,” and
ANTHONY SCLAFANI, also known as “Seal,” together with others, did
knowingly and intentionally conspire to obstruct, delay and
affect commerce, and the movement of articles and commodities in
commerce, by extortion, to wit: the extortion of money from John
Doe #2.
(Title 18, United States Code, Sections 1951(a) and
3551 et ~.)
33
COUNT THIRTY
(Uttering Forged Securities)
82. On or about and between August 1, 2007 and
September 30, 2007, both dates being approximate and inclusive,
within the Eastern District of New York and elsewhere, the
defendant PETER DEFILIPPO did knowingly and intentionally make,
utter and possess one or more forged securities, to wit: one or
more checks of Company #1, an organization whose identity is
known to the Grand Jury, with the intent to deceive one or more
other organizations, to wit: Northfield Bank and Unity Bank.
(Title 18, United States Code, sections 513(a) and 3551
et seq.)
COUNT THIRTY-ONE
(Bank Fraud)
83. On or about and between August 1, 2007 and
September 30, 2007, both dates being approximate and inclusive,
within the Eastern District of New York and elsewhere, the
defendant PETER DEFILIPPO did knowingly and intentionally execute
a scheme and artifice to defraud one or more financial
institutions, to wit: Northfield Bank and Unity Bank, and to
obtain moneys, funds and credits owned by and under the custody
and control of said financial institution or institutions, by
34
means of materially false and fraudulent pretenses,
representations and promises.
(Title 18, united States Code, Sections 1344 and 3551
et seg.)
COUNT THIRTY-TWO
(Illegal Gambling – Sports Betting)
84. On or about and between September 5, 2008 and
November 17, 2008, both dates being approximate and inclusive,
within the Eastern District of New York and elsewhere, the
defendant RICHARD LOTITO, together with others, did knowingly and
intentionally conduct, finance, manage, supervise, direct and own
all or part of an illegal gambling business, to wit: a gambling
business involving sports betting, which operated in violation of
the laws of New York State, to wit: New York Penal Law Sections
225.05, 225.10(1) and 20.00, which involved five or more people
who conducted, financed, managed, supervised, directed and owned
all or part of the business and which remained in substantially
continuous operation for a period in excess of thirty days and
had a gross revenue of at least $2,000 in any single day.
(Title 18, United States Code, Sections 1955, 2 and
3551 et ~.)
35
COUNT THIRTY-THREE
(Collection of Unlawful Debt Conspiracy)
85. The allegations contained in paragraphs one
through nineteen are realleged and incorporated as if fully set
forth in this paragraph.
86. On or about and between October 1, 2008 and
November 17, 2008, both dates being approximate and inclusive,
within the Eastern District of New York and elsewhere, the
defendants JOSEPH LOIACONO, also known as “Joe Lefty,” FRANK
PASTORE, also known as “Big Frank,” and ANTHONY SCLAFANI, also
known as “Seal,” together with others, being persons employed by
and associated with the Bonanno family, an enterprise that
engaged in, and the activities of which affected, interstate and
foreign commerce, did knowingly and intentionally conspire to
violate Title 18, United States Code, Section 1962(c), that is,
to conduct and participate, directly and indirectly, in the
conduct of the affairs of that enterprise through the collection
from John Doe #3 of unlawful debt, as that term is defined in
Title 18, United States Code, Section 1961(6), to wit: debts that
were unenforceable under New York State law, to wit: New York
Penal Law Section 190.40, in whole and in part as to principal
and interest because of the law relating to usury and were
incurred in connection with the business of lending money and a
36
thing of value at a rate usurious under New York State law, where
the usurious rate was at least twice the enforceable rate.
(Title 18, United States Code, Sections 1962(d), 1963
and 3551 et ~.)
CRIMINAL FORFEITURE ALLEGATIONS AS TO
COUNTS ONE, TWO AND SEVEN
87. The United States hereby gives notice to the
defendants PETER DEFILIPPO, JOSEPH LOIACONO, also known as “Joe
Lefty,” ANTHONY PIPITONE, also known as “Little Anthony,” ANTHONY
SCLAFANI, also known as “Scal,” FRANK PASTORE, also known as “Big
Frank,” and JOSEPH SAMMARTINO, also known as “Sammy,” as charged
in Counts One, Two and Seven that, upon their conviction of
respective offenses in the Count(s) of the indictment in which
they are named, the government will seek forfeiture in accordance
with Title 18, United States Code, Section 1963(a), for which
each defendant is jointly and severally liable: (a) any interest
acquired or maintained in violation of Title 18, United States
Code, Section 1962; (b) any interest in, security of, claim
against, or property or contractual right of any kind affording a
source of influence over, any enterprise which the defendants
established, operated, controlled, conducted, or participated in
the conduct of, in any violation of Title 18, United States Code,
Section 1962; and (c) any property constituting, or derived from,
any proceeds obtained, directly or indirectly, from raCketeering
activity or unlawful debt collection in violation of Title 18,
37
United States Code, Section 1962, any property constituting or
derived from proceeds obtained directly or indirectly as a result
of the said violation(s) .
88. The interests of the defendants sUbject to
forfeiture to the United States pursuant to Title 18, United
States Code, Section 1963(a) (1), (a) (2), and (a) (3), include, but
are not limited to at least $142,000, which is the sum of money
representing the amount of proceeds obtained as a result of the
offenses in Counts One, Two and Seven.
89. If any of the property described above, as a
result of any act or omission of the defendants:
a. cannot be located upon the exercise of due
diligence;
b. has been transferred or sold to, or deposited
with, a third party;
c. has been placed beyond the jurisdiction of
the court;
d. has been substantially diminished in value;
or
e. has been commingled with other property which
cannot be divided without difficulty;
it is the intent of the United States, pursuant to Title 18,
United States Code, Section 1963(m), to seek forfeiture of any
38
other property of such defendants up to the value of the
forfeitable property.
(Title 18, United States Code, Sections 1963(a) and
1963 (m))
CRIMINAL FORFEITURE ALLEGATION AS TO COUNTS THREE THROUGH SIX,
EIGHT THROUGH TWELVE, NINETEEN THROUGH TWENTY-THREE, AND
TWENTY-FOUR THROUGH THIRTY
90. The United States hereby gives notice to the
defendants RICHARD LOTITO, MANNY BANA, PETER DEFILIPPO, JOSEPH
LOIACONO, also known as “Joe Lefty,” ANTHONY PIPITONE, also known
as “Little Anthony,” JOSEPH SAMMARTINO, also known as “Sammy,”
ANTHONY SCLAFANI, also known as “Seal,” FRANK DEROSA, SEBASTIAN
DEROSA, and NATALE TERZO as charged in Counts Three through Six,
Eight through Twelve, Nineteen through Twenty-Three, and Twenty-
Four through Thirty that, upon their conviction of respective
offenses in the Count(s) of the indictment in which they are
named, the government will seek forfeiture in accordance with
Title 18, United States Code, Section 981(a) (1) (C) and Title 28,
United States Code, Section 2461(c), for which each defendant is
jointly and severally liable, of any property, real or personal,
which constitutes or is derived from proceeds traceable to any
such offenses, including but not limited to a sum of money
representing the amount of proceeds obtained as a result of the
offense.
39
91. If any of the property described above, as a
result of any act or omission of the defendants:
a. cannot be located upon the exercise of due
diligence;
b. has been transferred or sold to, or deposited
with, a third party;
c. has been placed beyond the jurisdiction of
the court;
d. has been substantially diminished in value;
or
e. has been commingled with other property which
cannot be divided without difficulty;
it is the intent of the united States, pursuant to Title 21,
united States Code, Section 853(p), as incorporated by Title 28,
united States Code, Section 2461(c), to seek forfeiture of any
other property of such defendants up to the value of the
forfeitable property.
(Title 18, United States Code, Section 981 (a) (1) (C);
Title 21, United States Code, Section 853(p); Title 28, United
States Code, section 2461(c))
CRIMINAL FORFEITURE ALLEGATION AS TO COUNT THIRTY-ONE
92. The United States hereby gives notice to the
defendant PETER DEFILIPPO as charged in Count Thirty-One that,
upon his conviction of such offense, the government will seek
40
forfeiture in accordance with Title 18, United States Code,
Section 982(a) (2) (A) of any property, real or personal, which
constitutes or is derived from proceeds traceable to such
offense, including but not limited to a sum of money representing
the amount of proceeds obtained as a result of the offense.
93. If any of the property described above, as a
result of any act or omission of the defendant:
a. cannot be located upon the exercise of due
diligence;
b. has been transferred or sold to, or deposited
with, a third party;
c. has been placed beyond the jurisdiction of
the court;
d. has been substantially diminished in value;
or
e. has been commingled with other property which
cannot be divided without difficulty;
it is the intent of the United States, pursuant to Title 21,
united States Code, section 853(p), as incorporated by Title 28,
United States Code, Section 2461(C), to seek forfeiture of any
other property of such defendant up to the value of the
forfeitable property.
(Title 18, United States Code, Section 982(a) (2) (A);
Title 21, United States Code, Section 853(p))
41
CRIMINAL FORFEITURE ALLEGATION AS TO COUNT THIRTY-TWO
94. The United States hereby gives notice to the
defendant RICHARD LOTITO as charged in Count Thirty-Two that,
upon his conviction of such offense, the government will seek
forfeiture in accordance with: (a) Title 18, United States Code,
Section 981(a) (1) (C) and Title 28, United States Code, Section
2461(c) of any property, real or personal, which constitutes or
is derived from proceeds traceable to such offense; and (b) Title
18, United States Code, Section 1955(d) and Title 28, United
States Code, Section 2461(c) of any property, including money,
used in violation of such offense, including but not limited to a
sum of money representing the amount of proceeds obtained as a
result of the offense.
95. If any of the property described above, as a
result of any act or omission of the defendant:
a. cannot be located upon the exercise of due
diligence;
b. has been transferred or sold to, or deposited
with, a third party;
c. has been placed beyond the jurisdiction of
the court;
d. has been substantially diminished in value;
or
42
e. has been commingled with other property which
cannot be divided without difficulty;
it is the intent of the United States, pursuant to Title 21,
United States Code, Section 853(p), as incorporated by Title 28,
United States Code, Section 2461(c), to seek forfeiture of any
other property of such defendant up to the value of the
forfeitable property.
(Title 18, United States Code, Sections 981(a) (1) (C)
and 1955(d); Title 21, United States Code, Section 853(p); Title
28, United States Code, Section 2461(c))
A TRUE BILL
FOREPERSON
BENTON J. CAMPBELL
UNITED S~~TES ATTORNEY
EAST~..• D;I.STRICT OF. N.E..W YO..RK
” \’\\ \ “\ \
BY: .\\ \\. \\J\ j~
ACTING UNITED STATES ATTORNEY
PURSUANT TO~R. 0.136
‘.
43
F./J200IJROI786
FORM DDD-J·l
JUN,85 No.
UNITED STATES DISTRICT COURT
EASTERN District of NEW YORK
CRIMINAL DIVISION
THE UNITED STATES OF AMERICA
liS.
Manny Bana, ef al.,
Defendants.
INDICTMENT
(1′.18, U.S.c. §§ 5l3(a), 892(a), 893, 894(a)(l), 924(c)(l)(A)(i), 924(c)(l)(A)(ii), 981 (a)(l)(C), 982(a)(2)(A), 1344, 1512(c)(2),
1623(a), 1951(a), 1955, 1959(a)(3), 1959(a)(4), 1959(a)(6), 1962(c), 1962(d), 1963,2 and 3551 et seq.; T. 21, U.S.C. § 853(p);
1′.28, U.S.C., § 2461(c))
A true bill.
Foremml
Filed in open COllrt this _. da!’,
0/_ .. A.D. 20
Clerk
Bail, $ _
Nicole M. Argel/tieri, Gil/a M. Pm’lovecchio, Assistal/t U.S. Attorneys (718-254-6232)