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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x : UNITED STATES OF AMERICA : : -v.: : ANTHONY ARILLOTTA, : : Defendant. : : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

S3 09 Cr. 1239 (PKC)

GOVERNMENT’S SENTENCING MEMORANDUM FOR ANTHONY ARILLOTTA

PREET BHARARA United States Attorney for the Southern District of New York Attorney for the United States of America

Daniel S. Goldman Assistant United States Attorney - Of Counsel -

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x : UNITED STATES OF AMERICA : : -v.: : ANTHONY ARILLOTTA, : : Defendant. : : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

S3 09 Cr. 1239 (PKC)

GOVERNMENT’S SENTENCING MEMORANDUM FOR ANTHONY ARILLOTTA The Government respectfully submits this memorandum in advance of the sentencing of Anthony Arillotta, and to advise the Court of the substantial assistance that Arillotta has rendered in the investigation and prosecution of other individuals. In light of that substantial assistance, and assuming that Arillotta continues to abide by the terms of his cooperation agreement pending sentencing, the Government intends to move, at the time of sentencing, for a downward departure pursuant to Section 5K1.1 of the Guidelines and for a sentence notwithstanding the applicable mandatory minimums, pursuant to Title 18, United States Code, Section 3553(e). Arillotta pled guilty before this Court on July 6, 2010, to a ten-count Information. Among other things, Arillotta pled guilty to participating in a Racketeering conspiracy and substantive RICO violations related to his association with the Genovese Organized Crime Family (the “Genovese Family”), to aiding and abetting the November 2003 murders of Genovese Family Capo Adolfo Bruno and Genovese Family Associate Gary Westerman, and to attempting to murder Frank Dadabo in May 2003. Arillotta pled guilty pursuant cooperation agreement with the Government. Consistent

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with that agreement, Arillotta has provided the Government with immensely useful assistance. Indeed, Arillotta’s cooperation was something of a watershed moment in the Government’s investigation of Arthur Nigro, the former Acting Boss of the Genovese Family and the Springfield crew of the Genovese Family. One of the very few made members of the Genovese Family ever to have agreed to cooperate, Arillotta proved candid and forthcoming from the start. And by cooperating, Arillotta allowed the Government to solve multiple unsolved crimes – including the murder of Gary Westerman and the attempted murder of Frank Dadabo – and convict numerous dangerous criminals, including Arthur Nigro, Fotios and Ty Geas, and Emilio Fusco after two separate trials. Background A. Offense Conduct Anthony Arillotta spent his entire adult life until his arrest in February 2010 committing a vast assortment of crimes, many of them violent. He will be the first to explain that he was a menace to the city of Springfield, and that he used violence, intimidation and his association with Organized Crime to terrorize the city and line his own pockets with money from his various criminal activities. He had dedicated himself to a life as a professional criminal and mobster, and he was quite adept at it. Arillotta pled guilty to an assortment of crimes outlined in the S3 Information, including engaging in a pattern of racketeering as part of the Genovese Crime Family that included racketeering acts of murder (Al Bruno and Gary Westerman), conspiracy to commit murder (Frank Dadabo), extortion and extortion conspiracy, loansharking, illegal gambling, narcotics distribution, as well as stand-alone charges for most of those crimes and for the unlawful possession of guns, including machine guns. 2

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1.

Arillotta’s Early Affiliation with the Genovese Family Growing up in the Italian section of Springfield, Massachusetts, Anthony Arillotta was

always aware of the local leaders of Organized Crime, and quickly became affiliated with their illegal activities. In particular, in the late 1980’s, Arillotta became involved in various criminal activities such as assaults and debt collections with other associates and members of the Genovese Family. Beginning in the early 1990’s, Arillotta became involved primarily in three categories of criminal activity – narcotics trafficking, loansharking, and gambling. His primary activity was marijuana distribution, and Arillotta began distributing approximately 100 pounds of marijuana per month throughout much of the 1990s. Arillotta was soon recognized as an “earner,” and drew the attention of local Genovese Family member (and later Capo), Adolfo Bruno. Bruno began to take Arillotta “under his wing” by the mid 1990’s. In around 1996, Bruno and Arillotta had a falling-out after Arillotta was arrested for possession of approximately 30 pounds of marijuana – criminal activity that was ostensibly forbidden by Bruno – but they patched things up in the late 1990’s when Arillotta’s case was dismissed. Arillotta then resumed work with Bruno on various illegal activities At one

including, among other things, extortions, loansharking, and gambling businesses.

point, Bruno nominated Arillotta to become a made member of the Genovese Family, but that nomination never proceeded further. 3. Arillotta’s connection to the New York Genovese Family

Starting in around 2000 or 2001, Arillotta began traveling to New York along with Bruno to meet with Arthur Nigro and Pasquale (“Pat” or “Scop”) DeLuca – higher-ups in the Genovese Family who helped oversee the Springfield crew. At one of these meetings, Arillotta was 3

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introduced to John Bologna, a Genovese Family Associate from Port Chester, New York, who was close to Nigro. Starting in around Fall 2001, Bologna began coming to Springfield, Massachusetts. He was sent there by Nigro largely to increase the amount of money flowing to New York from Massachusetts. Over time, Arillotta became close to Bologna and, through Bologna, to Nigro. Like Bruno had years before, Nigro and Bologna recognized that Arillotta was an “earner,” and increasingly leaned on him as Nigro’s contact point in Springfield. Among other things, Bologna pressed Arillotta and others to increase their extortions of local businesses. Accordingly, Arillotta and others began to extort (or increase their take from) numerous bars and restaurants, including most prominently the Mardi Gras strip club, owned by James Santaniello. Bologna stopped traveling to Springfield in Fall 2002 after there was an increased law enforcement presence there. Soon thereafter, Arillotta began traveling more to the Bronx to meet with Bologna and Nigro. As Arillotta has explained, he essentially became Nigro’s eyes and ears in Springfield, particularly as Nigro began losing confidence in Bruno. 4. The Attempted Murder of Frank Dadabo

In or about May 2003, while he was growing increasingly close to Nigro and Bologna, and after Arillotta had been “proposed” for membership in the Genovese Family in Springfield, Bologna asked Arillotta if he could “do a piece of work” for Nigro. Arillotta agreed, and met with Nigro and Bologna in the Bronx. Initially, Nigro and Bologna did not specify exactly what they wanted Arillotta to do to Dadabo. Arillotta believes the reason for the assault was a union-related problem and something

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to do with the Luchese Family but was unsure of the specifics. 1 Nigro and Bologna drove Arillotta past the apartment where Dadabo lived, and they explained that he left the apartment at the same time every morning (approximately 6:00 a.m.), which would give Arillotta an opportunity to do the “piece of work.” On a later trip to New York to meet with Nigro and Bologna, Arillotta learned from Nigro (through Bologna) that he was to kill Dadabo. Arillotta ultimately enlisted the help of Freddy and Ty Geas to do the job. Arillotta then obtained two firearms with silencers, which were guns that Nigro had previously supplied. In May 2003, Arillotta and the Geas brothers traveled from Springfield to the Bronx, where they waited for Dadabo to come out of his apartment. When he came out, Arillotta and Ty Geas followed him to his car and shot him a total of approximately nine times before fleeing the scene and discarding the guns, assuming Dadabo was dead. (Arillotta’s gun jammed, however, and he has indicated that he is unsure whether he got off any shots.) In fact, Dadabo survived. 5. Arillotta’s Induction into the Genovese Family

Arillotta was inducted into the Genovese Family on August 11, 2003 in the Bronx. As part of his induction Arillotta swore an oath to the Genovese Family above his own family, and agreed never to cooperate with law enforcement. He had initially been proposed by Bruno some years earlier, but was ultimately made by Nigro in the Bronx. Because Arillotta was made by Nigro in the Bronx, he technically reported directly to Nigro, rather than to Bruno, then the Springfield Capo. As Arillotta has explained, that gave him considerable “clout” within organized crime circles.

As Frank Dadabo would later testify, Nigro corruptly controlled the Cement Mason’s Union and was upset that Dadabo did not seek Nigro’s approval before he obtained shop steward jobs. Nigro was also upset because Dadabo had reached out to a made member of the Luchese Family for protection instead of Nigro. 5

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6.

Criminal Activities in Early Fall 2003

Around the time that Arillotta was inducted into the Genovese Family, there was increasing turmoil in Springfield Organized Crime circles. Arillotta’s crew (including the Geas brothers) was involved in a series of disputes with rival narcotics dealer Guiseppe Manzi and his crew. This rivalry escalated at the end of August 2003, when Arillotta and his crew were involved in a violent altercation – including several gun shots – outside the Civic Pub in Springfield, Massachusetts. Two nights after that altercation, Arillotta’s house was shot 20 times while his wife and children were home. Although Arillotta, the Geas Brothers, Emilio Fusco and others sought to retaliate, Nigro urged Arillotta to let the dispute cool down. Nonetheless, the Geas brothers offered Frankie Roche (another associate) $25,000 to shoot Manzi and the two individuals they suspected of actually carrying out the shooting at Arillotta’s house. This shooting never occurred. Meanwhile, Arillotta became involved in a plan to kill someone else, Louis Santos. Santos was a long-time associate and friend of Arillotta’s with whom Arillotta had dealt drugs. Santos was also very close to Bruno. However, Arillotta and others got information that Santos was cooperating with law enforcement. Accordingly, although Bruno wanted to “keep Santos close,” Nigro ordered Arillotta to kill him. Arillotta enlisted the Geas brothers, who brought in Roche. The Geases and Roche stalked Santos on two occasions, but the murder was called off in lieu of a different target – Adolfo Bruno. 7. The Murder of Adolfo Bruno

Bruno was gradually falling out of favor with Nigro and others throughout 2003 for a variety of reasons. However, it was not until Genovese Family soldier Emilio Fusco presented

a page from his Pre-Sentence Investigation Report showing that Bruno had communicated 6

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certain information to an FBI agent that a decision was made to kill him. When the document was produced, Emilio Fusco, Felix Tranghese, and Arillotta discussed what should be done. Tranghese then took the paper to New York to show Nigro.

After an initial meeting with Nigro, Tranghese returned a second time to meet with Nigro and other Genovese Family bosses in New York. kill Bruno. At that meeting, Tranghese obtained the order to

Shortly thereafter, Nigro urged Arillotta to assist Tranghese with the murder, and Together

also instructed him to use Fusco to help. Arillotta then enlisted Fotios and Ty Geas.

with Fusco, they discussed numerous plans in terms of how to kill Bruno – in particular, they sought to devise ways that they could kill Bruno quietly and make the body disappear by luring him somewhere. However, Bruno was not willing to go anywhere with them. As a result,

they eventually decided to enlist Frankie Roche to kill Bruno “cowboy style,” which he did outside the Mt. Carmel Society Social Club on November 23, 2003. Arillotta then gave Fotios

Geas $10,000 to provide to Roche to help him flee the Springfield area. 8. The Murder of Gary Westerman

Arillotta, Fotios Geas, Ty Geas, and Emilio Fusco murdered Gary Westerman (a Genovese Family associate) on November 4, 2003, in part because they believed that Westerman was cooperating with law enforcement. Early that day, Arillotta spoke with Fotios and Ty The Geas brothers

Geas, who indicated that they wanted to murder Westerman later that day. asked Arillotta to assist them. participate.

Arillotta agreed, and then contacted Fusco, who also agreed to

Arillotta, the Geas brothers, and Fusco, agreed to murder Westerman at the home of an individual named Joseph Iellamo, a marijuana dealer whom Arillotta knew. On the evening of

November 4, 2003 (as per prior arrangement with the Geas brothers), Arillotta and Fusco went to 7

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Iellamo’s garage and waited for the Geas brothers and Westerman to arrive at the location. Shortly after they arrived, and while they were waiting in the garage, they heard the Geas brothers and Westerman arrive and walk into the backyard. made clear that Westerman had been shot. Arillotta then heard noises that

Arillotta and Fusco then exited the garage, walked

into the backyard, and saw Westerman lying on the ground behind the house, appearing to be dead. Seeing that Westerman was still alive, Arillotta and Fusco returned to the garage, They then dragged They

grabbed shovels, and bashed Westerman’s head in with the shovels.

Westerman’s body to a pre-dug hole, where Fred Geas shot Westerman again in the head.

put Westerman’s dead body in the previously-dug hole, refilled the hole with dirt, and left the scene. 2 9. Continued Extortions in 2004

In 2004, following the murders of Bruno and Westerman, Arillotta continued to deal marijuana, engage in loansharking and extortion activities, and operate an illegal sports betting business. Indeed, at Nigro’s request, Arillotta increased the extortions of individuals in the vending machine business in Springfield, including James Santaniello and Carlo and Genaro Sarno. Arillotta began receiving (by implicit threat of force) $12,000 per month from Santaniello, and $1,000 per month from the Sarnos in extortion payments, which he shared with the Geases and Nigro, among others. Arillotta, also at Nigro’s request, attempted to shake down Michael and Anthony Grant – two Hartford-based owners of the Hustler strip club in Manhattan. Arillotta threatened one of the On April 5, 2010, the FBI and local law enforcement began an excavation at the site where Arillotta indicated he had buried Westerman. The FBI found numerous shell casings in the location where Arillotta said Westerman had been shot, and discovered Westerman's remains in the location where Arillotta said he was buried. 8
2

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Grant brothers, and demanded $12,000 per week on orders of Nigro. However, this extortion effort was ultimately called off because they got word that the FBI was investigating it. 10. Arillotta’s Arrest and Imprisonment in 2005

In April 2005, Arillotta was arrested for operating an illegal gambling business. He pled guilty and was sent to prison for 29 months on a federal conviction, and a concurrent three-to-three-and-a-half-year sentence on a state charge. Arillotta was thus imprisoned from April 2005 until June 2008. While imprisoned, Arillotta continued to receive extortion money, and had people on the street working on his behalf to collect it and distribute it as before. While he was in prison, Emilio Fusco took control of many of the Genovese Family rackets in Springfield, and, with Arillotta’s consent, ceased sending money from those rackets to the bosses in New York. 11. Arillotta’s Criminal Activity from June 2008 through February 2010.

Upon his release from custody in June 2008, Arillotta renewed his involvement in the activities of the Genovese Family, which continued until his arrest in this case in February 2010. However, Arillotta’s criminal activities after being released from prison were less extensive, as Nigro – his main contact in New York – was by then serving a prison sentence for an extortion conviction, and he himself was on parole. Arillotta began additional loansharking activities, and tried to put together marijuana deals, but (to the Government’s knowledge) did not engage in substantial additional criminal activity during this period. B. The Government’s Investigation of the Bruno Murder From the moment of Bruno’s November 23, 2003 murder, various federal and local law enforcement agencies opened investigations into the crime, which was originally believed to have arisen out of a dispute between Frankie Roche and Bruno. 9

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In December 2005, Frankie Roche was charged by the Hampden County District Attorney’s Office with Bruno’s murder. At the time, the primary theory was that Roche had committed the murder because Bruno was coming after Roche for payment for damage Roche had done to a bar weeks earlier. On the eve of his trial in Spring 2007, Roche decided to cooperate with state and federal authorities. He explained in detail that he had been asked to murder Bruno by Freddie Geas and that Geas had told Roche that the murder had been approved by “New York,” which Roche understood to be the Genovese Crime Family. Roche would later plead guilty to murder in aid of racketeering in United States District Court for the District of Massachusetts, pursuant to a cooperation agreement. 3 In June 2007, based largely on Roche’s cooperation, Fotios Geas was indicted by the Hampden County District Attorney’s Office for the Bruno murder. Then, in June 2008, Fotios Geas was indicted federally in the District of Massachusetts, with murder in aid of racketeering for the Bruno murder. Meanwhile, in October 2007, John Bologna began cooperating with the Government, and provided the Government with its first direct proof of Arillotta’s involvement in the Bruno murder. From that point forward, this Office built a case against Arillotta and Nigro for the Bruno murder and certain other crimes. C. Arillotta’s Indictment and Arrest Arillotta was indicted under seal on February 11, 2010. He was arrested without incident at his home less than a week later on February 17, 2010, in Springfield, Massachusetts. In the initial Indictment (S1 09 Cr 1239), Arillotta was charged with the following crimes:

3 After testifying in trials against the Geas brothers and Emilio Fusco, Roche was sentenced in the District of Massachusetts to approximately 13 years’ imprisonment.

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(1) Participating in Racketeering conspiracy as a made member of the Genovese Family; (2) Substantive Racketeering, through a pattern that included four acts – the murder of Adolfo Bruno, the extortion of James Santaniello, the conspiracy to extort Carlo and Genaro Sarno, and operating an illegal gambling business; (3) Murder in Aid of Racketeering, for aiding and abetting the murder of Adolfo Bruno; and (4) Conspiracy to extort and extortion of James Santaniello. D. Arillotta’s Decision to Cooperate Arillotta made the decision to cooperate almost immediately upon arrest in February 2010. Arillotta was arrested in Springfield, Massachusetts, and was initially housed in a federal detention center in Rhode Island, pending transfer to New York. He retained a New York lawyer to represent him in the event he decided to fight the charges; at the same time, however, he reached out to another lawyer (Thomas Butters) to discuss cooperation. Mr. Butters then contacted this Office to request that Arillotta’s transfer to New York be delayed by a week so as to facilitate an attorney visit in Rhode Island, in case Arillotta decided to cooperate. This Office did so and, within days, we heard again from Mr. Butters that Arillotta wanted to cooperate. We scheduled two back-to-back proffers for March 17 and 18, 2010 – within days of Arillotta’s arrival in this District. One noteworthy fact about this decision is that Arillotta decided to cooperate prior to seeing the discovery materials in this case or having any opportunity to meaningfully evaluate the evidence against him. While he knew that Frankie Roche and John Bologna were cooperating with the Government, and he knew that the Southern District of New York had a reputation for successful prosecutions, Arillotta had not meaningfully reviewed the case or its likelihood for success. At the same time, Arillotta indicated that he wanted “out of the life” and recognized that, if he was going to cooperate, the earlier the better. As discussed further below, Arillotta was 11

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candid and forthcoming from the start, and proved to be one of the most significant cooperating witnesses against the Genovese Family ever. E. Arillotta’s Guilty Plea On July 6, 2010, Arillotta pled guilty to a ten-count Superseding Information (S3 09 Cr. 1239), before Your Honor. The Superseding Information contained numerous additional charges on top of the Racketeering and murder charges with which Arillotta had initially been charged. Of most significance, Arillotta pled guilty to an additional murder (of Gary Westerman), an additional attempted murder (of Frank Dadabo), narcotics trafficking, additional extortions, loansharking, and possession of weapons. Prior to Arillotta’s cooperation, the Government did not have enough evidence to charge Arillotta or others with those crimes, and even more significantly, many of these crimes came to light only by virtue of Arillotta’s cooperation. F. Arillotta’s Guidelines Range Arillotta faces a mandatory sentence of life imprisonment for the murders of Bruno and Westerman, subject to relief from that mandatory sentence pursuant to Title 18, United States Code, Section 3553(e), and therefore his Guidelines range is life pursuant to statute. The Government agrees with the groups specified in the Presentence Investigation Report but respectfully suggests the following changes to the Guidelines calculation as outlined in the PSR: 1. Group 1 (Murder of Adolfo Bruno)

The PSR specifies a base offense level of 43, pursuant to Section 2A1.1, and a two-level enhancement for obstruction, pursuant to Section 3C1.1. In addition, a three-level enhancement is warranted, pursuant to Section 3B1.1(b), because Arillotta was a manager or supervisor (of the Geas brothers) in criminal activity that involved five or more participants. Thus, the total adjusted offense level for Group 1 is 48. 12

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2.

Group 2 (Murder of Gary Westerman)

The Government concurs with the Probation’s Office calculation. 3. Group 3 (Conspiracy to Murder Frank Dadabo)

The PSR calculates a base offense level of 33, pursuant to Section 2A2.1(a)(1). 4 The PSR adds four levels because the victim sustained a life threatening injury, pursuant to Section 2A2.1(b)(1)(A), and another four levels, pursuant to Section 2A2.1(b)(2), because the defendant received something of pecuniary value, that is, induction into the Genovese Family. Finally the PSR adds two levels, pursuant to Section 3B1.1(c), because Arillotta was the manager of the criminal activity that involved less than five individuals. The PSR’s adjusted offense level for Group 3 is therefore 43. Although one of the reasons Arillotta gave for his induction into the Genovese Crime Family was his willingness to commit an act of violence (the Dadabo shooting) at the direction of Nigro, the Government does not believe that an enhancement for receipt of something of pecuniary applies to this crime. First, induction into an organized crime family does not have a direct pecuniary benefit. With induction comes greater power and clout, and perhaps additional money if a made member oversees others who commit crimes on his behalf, but it does not carry a price tag, so to speak. Second, Arillotta’s induction into the Genovese Crime Family was the culmination of many years of work on behalf of members and associates of the Genovese Family, and cannot be directly traced to the shooting of Frank Dadabo. Moreover, there was no agreement that Arillotta would receive anything in return for shooting Dadabo, nor did Arillotta understand that he would be made if he did so. Accordingly, the Government believes the Section 2A1.5, which applies to conspiracy to commit murder, also has a base offense level of 33 and, in addition, also cross references Section 2A2.1, so the PSR is correct to use Section 2A2.1.
4

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relationship between the Dadabo shooting and Arillotta’s induction is too tenuous to apply this enhancement. However, the conspiracy to murder Dadabo involved five people: Nigro, John Bologna, Anthony Arillotta, Fotios Geas, and Ty Geas. Although Nigro ordered the shooting and was the organizer of the crime, Arillotta managed and supervised the Geas brothers. Thus, pursuant to Section 3B1.1(b), a three-level enhancement is warranted. Accordingly, the Government respectfully submits that Group 3 carries an adjusted offense level of 40. 4. Group 4 (Extortion)

The PSR calculates a base offense level, pursuant to Section 2B3.2, of 18, adds two levels because the extortions involved express and implied threats of bodily injury, pursuant to Section 2B3.2(b)(1), adds an additional three levels because the total losses exceeded $250,000, pursuant to Section 2B3.2(b)(2), and adds an additional five levels because the Geas brothers possessed firearms in connection with the conspiracy to extort the Grant brothers. The adjusted offense level for Group 4 in the PSR is 28. The Government concurs with the PSR’s calculation for Group 4, except the Government believes that Arillotta was a leader and organizer of the extortions and extortion conspiracies to which he pleaded guilty, particularly the ongoing extortion of James Santaniello. Accordingly, pursuant to Section 3B1.1(a), an additional four-level enhancement is warranted for an adjusted offense level of 32. 5. Group 5 (Loansharking)

The Government concurs with the PSR’s calculation for Group 5. 6. Group 6 (Gambling) 14

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The PSR calculates the base offense level for Group 6 as 12, which is also the adjusted offense level without any additional enhancements. The Government believes that Arillotta was a leader and organizer of his bookmaking business, which involved more than five people, thereby justifying an additional four-level enhancement, pursuant to Section 3C1.1(a), for an adjusted offense level of 16. 7. Group 7 (Narcotics Trafficking)

Arillotta was primarily engaged in marijuana distribution, which is how he generated most of his income during the 1990s. During the mid-to-late 1990s, Arillotta dealt about an average of 200 pounds of marijuana per month. Arillotta continued to deal marijuana after his marijuana case was dismissed, but in lesser amounts. Extrapolating 200 pounds per month from 1992 to 1997 (six years), that amounts to 14,800 pounds, which is approximately 6,727 kilograms. After 1997, and until his arrest in 2005, the Government estimates that Arillotta dealt an additional 1,000 pounds of marijuana, which is a total amount of approximately 7,181 kilograms. In addition to marijuana trafficking, Arillotta occasionally dealt cocaine. During the 1990s, he dealt cocaine on average once a month, but in smaller quantities that averaged out to approximately 100 grams per month. Extrapolating that amount over six years during the mid-1990s (prior to his marijuana arrest), it equals 7.2 kilograms of cocaine, which is the equivalent of 1,440 kilograms of marijuana. In total, the drug quantity for Arillotta’s drug dealing is approximately 8,621 kilograms of marijuana, which equates to level 34. In addition, Arillotta was a leader of his marijuana operation, which was widespread and involved more than five people, resulting in an additional four-level enhancement under Section 3B1.1(a). Accordingly, the adjusted offense level for group 7 is 38. 8. Group 8 (Firearms) 15

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The PSR calculates a base offense level of 26, pursuant to Section 2K2.1(a)(1), and an additional four-level enhancement pursuant to Section 2K2.1(b)(6)(B), for an adjusted offense level of 30. The Government agrees with the enhancement for the use of a firearm in connection with another felony offense, but would simply add that Arillotta also possessed two guns with silencers in connection with the shooting of Frank Dadabo. Because Arillotta possessed three firearms as part of this offense, an additional two-level enhancement is warranted pursuant to Section 2K2.1(b)(1). Accordingly, the Government respectfully submits that the adjusted offense level should be 32 for Group 8. 9. Grouping Analysis

According to the Government’s calculations, the Groups are as follows: Group Number One – Bruno Murder Two – Westerman Murder Three – Dadabo Murder Conspiracy Four – Extortion Five – Loansharking Six – Illegal Gambling Seven – Narcotics Distribution Eight – Firearms Adjusted Offense Level 48 45 40 32 20 16 38 32

Under the grouping analysis outlined in Section 3D1.4, Group 1 is the highest offense level and counts as one unit. Because Group 2 is between one and four levels less serious than Group 1,

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one additional unit is added pursuant to Section 3D1.4(a). Because Group 3 is between five and eight levels less serious, one-half unit is added pursuant to Section 3D1.4(b). All other groups are discarded because they are more than nine levels below Group 1. In total, the groups amount to two-and-one-half units and an increase of three levels in the offense level. Accordingly, the combined adjusted offense level is 51. With a three-level reduction for acceptance of responsibility pursuant to Section 3E1.1, the total offense level is 48 and the Guidelines range is life imprisonment. G. Forfeiture Based on his testimony from two trials, as well as proffer statements to the Government, the Government estimates that Arillotta generated approximately $2 million in proceeds from his criminal activity from the early 1990’s through 2010. Accordingly, the Government requests that the Court enter a forfeiture order in that amount at sentencing. Arillotta’s Cooperation Notwithstanding Arillotta’s life-long commitment to crime and his sworn allegiance to the Genovese Crime Family – including the enterprise’s prohibition on cooperating with law enforcement – Arillotta immediately agreed to cooperate with the Government after his arrest in this case in February 2010. Moreover, his cooperation was forthright, truthful, and complete right from the outset, and included full admissions to numerous of crimes with which he had not been charged. Once he made his decision to cooperate with the Government, he never wavered, minimized his conduct, or exhibited anything less than full acceptance of responsibility for the crimes he committed. In short, Arillotta’s cooperation was simply extraordinary. In addition to the historical significance surrounding the cooperation of a made member of the Genovese Family, as discussed below, Arillotta’s cooperation was of immense assistance to the investigation and 17

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prosecution of other individuals, leading to charges against three additional defendants and convictions against a total of five other defendants for the most serious of crimes. A. Impact of Arillotta’s Cooperation in United States v. Nigro, et al. The most obvious and significant impact of Arillotta’s cooperation was in the case in which he was initially charged, United States v. Nigro, et al., 09 Cr. 1239. As this Court is aware, Arillotta was indicted in February 2010, along with Arthur Nigro, Steve Alfisi, and three others. Within a month, and not based on Arillotta’s cooperation, Fotios Geas was added to the Indictment. After Arillotta cooperated, the entire landscape of the case began to change. Soon after he began proffering, Arillotta admitted to participating in the murder of Gary Westerman less than three weeks before Adolfo Bruno was murdered (which he also admitted to participating in). In April 2010, Arillotta led the FBI to the site in Agawam, Massachusetts, where he said that Gary Westerman was murdered and buried. The FBI spent several days digging where Arillotta said the body was buried and there uncovered the remains of Westerman, including his skull that was cracked in a manner consistent with being hit by shovels, as Arillotta explained that he (and Fusco) had done. Arillotta told the Government that he, Fusco and the Geas brothers had committed the murder, and based primarily on Arillotta’s testimony, as well as prison recordings, physical evidence, forensic evidence and phone records that corroborated his testimony, the Government charged the other three individuals with this murder. Arillotta also informed the Government of additional murder plots and extortions that had previously been either unknown (such as the shooting of Frank Dadabo) or extremely difficult to prove (such as the conspiracy to murder Louis Santos or the extortion of Michael and Anthony Grant). He provided tremendous insight on the additional individuals who had been most 18

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culpable in his charged crimes, and the nuances among the relationships. And Arillotta’s cooperation also made clear that John Bologna, who was then signed up to a cooperation agreement with the Government, had withheld considerable and significant information from the Government. 5 In July 2010, based primarily on Arillotta’s cooperation and the investigation that followed, this Office sought and obtained a Superseding Indictment charging three additional defendants – Felix Tranghese, Emilio Fusco, and Ty Geas – with murder and racketeering charges, and added additional charges against the already-charged defendants. In particular, the Government was able to add charges for the murder of Gary Westerman, the attempted murder of Frank Dadabo, the conspiracies to murder Louis Santos and Guiseppe Manzi, and the attempted extortion of Michael and Anthony Grant. 6 Felix Tranghese and Ty Geas were arrested on July 23, 2010, and Fusco was arrested on July 29, 2010 in Italy (to which he had fled shortly after learning that Arillotta was cooperating and the FBI was digging for the remains of Gary Westerman). Immediately upon arrest, Felix Tranghese agreed to cooperate with the Government, in part because he knew that Arillotta was cooperating against him. 7 1. The Nigro Trial

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On May 7, 2013, the Court sentenced John Bologna principally to 96 months’

imprisonment. By this time, the Government had also agreed to plea agreements with the four lower-level defendants initially charged with Arillotta. While Arillotta had some information about Steve Alfisi’s membership in the Genovese Family, for various strategic reasons, including the fact that our primary witness against Alfisi would have been John Bologna, the Government elected to accept a plea from Alfisi to a lesser and readily provable charge of gambling.
7 On December 7, 2012, the Court sentenced Felix Tranghese principally to 48 months’ imprisonment.
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Trial against Arthur Nigro, Fotios Geas, and Ty Geas began on March 14, 2011, and concluded on April 1, 2011, when each defendant was convicted of all but one of the counts against them – including murder in aid of racketeering charges that carried mandatory life sentences. Arillotta was on the witness stand for five trial days, by far the longest witness. The Government respectfully submits that Arillotta’s testimony was credible and powerful in every respect. 8 Moreover, the jury convicted certain of the defendants of charges where Arillotta’s uncorroborated testimony was essentially the only evidence (such as Nigro’s guilt on the Louis Santos murder conspiracy and Ty Geas’s guilt on the Frank Dadabo attempted murder), demonstrating that the jury credited Arillotta’s testimony alone beyond a reasonable doubt. Because this Court presided over the trial and witnessed Arillotta’s testimony first-hand, the Government will not belabor the significance of his testimony. Still, a number of things are worth emphasizing regarding Arillotta’s cooperation in connection with this trial: $ First, Arillotta spent days upon days preparing for trial with the Government, and always did so with a good attitude. He was patient, conscientious, and never wavered from the truth. Not only did Arillotta prepare for his testimony, he also assisted the Government in identifying exhibits – looking through books of photographs, and listening to (and helping to prepare transcripts for) numerous recordings, including recordings not ultimately played at trial.

8 At the sentencing of Emilio Fusco, the Court also specifically found Arillotta to be credible, and that his testimony at each trial was consistent.

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Second, Arillotta’s testimony was unquestionably the centerpiece of the trial. It was through Arillotta that the Government was able to present the complete story of all three defendants’ roles, and Arillotta worked with the Government attorneys in thinking through how to explain a complicated and lengthy storyline in a clear and straight-forward fashion.

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Third, despite the length of time that Arillotta had spent preparing, he presented, in essence, the same way on the witness stand as he had the first day he began to proffer and every day thereafter. The Government does not note this as a negative – quite to the contrary, it is striking that Arillotta was able to be “himself” throughout the process, and present so credibly from the beginning. For example, he never did learn the proper pronunciation of Frank Dadabo’s last name, and similarly never tailored his testimony to what he believed the Government wanted to hear.

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Fourth, even on matters that had no real relevance to the trial, such as his sex life, Arillotta was an open book. In both prep sessions and on the witness stand, he did not try to hide or gloss over things. He fully and thoroughly accepted responsibility for all of his past actions and transgressions, both criminal and otherwise.

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Finally, Arillotta appeared to take no pleasure from cooperating against people he claimed as some of his closest friends. Indeed, on the first day Arillotta began to proffer, he offered to reach out to Fotios and Ty Geas to try to convince them to cooperate too (as he thought that they would be willing to do so if he so urged them). The Government instructed him not to make any such efforts, and Arillotta 21

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did not. But Arillotta thereafter repeatedly expressed disappointment at the fact that his former friends – the Geases in particular – were not pleading guilty because he did not want to see them spend the rest of their lives in jail. Now, because of Arillotta’s cooperation, Nigro and both of the Geas brothers are serving life sentences in prison – which they duly deserve. 2. The Fusco Trial Approximately one month after the trial convictions of Nigro and the Geas brothers, Emilio Fusco was successfully extradited from Italy. Trial against Fusco commenced on April 16, 2012, and ended on May 2, 2012, when Fusco was convicted of racketeering conspiracy, extortion conspiracy and travel in aid of racketeering, and was acquitted of substantive racketeering and extortion charges. In addition, the jury found Fusco not guilty of both the Bruno and Westerman murders. Again, Arillotta was the Government’s principal witness, testifying for more than five trial days, including multiple days of cross-examination. Similar to his testimony at the Nigro trial, Arillotta maintained an even-keeled demeanor throughout his lengthy time on the stand, which once again included testimony about his most private affairs. Fusco’s sentencing occurred over two days on October 10 and 11, 2012. During the sentencing proceeding, the Court found by a preponderance of the evidence that Fusco had participated in the murders of Bruno and Westerman, and Fusco was sentenced to 25 years’ imprisonment. In making its findings on the Bruno murder, the Court stated: “I find that Anthony Arillotta’s testimony was credible. I found him to be an exceptionally credible cooperating witness. I conclude that he testified consistently not only between direct and cross in the trial of Mr. Fusco but also looking across to his earlier testimony. His testimony was largely consistent. I saw the man, I observed him, observed his demeanor, and I found him to be credible.” 22

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(Fusco Sent. Tr. dated October 11, 2012, at 80.) With respect to the Westerman murder, about which Arillotta was the only testifying witness, the Court also found Arillotta to be credible and noted the corroboration of the cigarette butts belonging to Fusco in the hole where Westerman was buried as well as the forensic evidence that was consistent with Arillotta’s testimony about beating Westerman with a shovel. (Sent. Tr. at 82-84.) Finally, it is also important to emphasize that, without Arillotta’s cooperation, many of the charges in this case simply never would have been brought. For example, Ty Geas, Felix Tranghese, and Emilio Fusco would almost certainly not have been charged. The murder of Gary Westerman would never have been solved and his remains would still be buried in Western Massachusetts. Frank Dadabo’s shooting would still remain a cold case. And while Fotios Geas and Arthur Nigro had been charged with the Bruno murder even before Arillotta began to cooperate, Arillotta’s testimony was critical to their convictions, particularly because John Bologna proved to be an unusable witness, which only became evident to the Government because of Arillotta’s cooperation. B. Other Investigations In addition to his extensive proffer sessions with law enforcement agents and prosecutors from FBI-New York, FBI-Springfield, and the Massachusetts State Police, Arillotta has met several times with prosecutors and agents from Boston and New Haven, and more recently with agents and prosecutors from Springfield, about ongoing investigations. Arillotta was forthcoming and truthful in response to their questions and was eager to provide whatever information he had. Arillotta provided helpful information to law enforcement from New Haven about a charged defendant there, and Arillotta was prepared to testify in that case. Ultimately, the defendant in that case pleaded guilty prior to trial so Arillotta’s testimony was unnecessary. No 23

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additional charges have been filed based on Arillotta’s cooperation (through no fault of Arillotta’s), but some of the other investigations remain ongoing. C. Intelligence Regarding other La Cosa Nostra Targets Arillotta has also provided intelligence information on dozens of other made members and associates of Organized Crime, throughout the Northeast. Because Arillotta was based in Springfield, his access to the New York based members of the Genovese Family was somewhat limited; nevertheless, Arillotta has provided the FBI with significant information about the structure and hierarchy of the Genovese Family in New York, as well as some information about crimes that were committed by members of the Genovese Family in the early 2000’s. Although this background information has proved to be valuable intelligence to the FBI, it has not led to any additional charges against other targets. D. Cooperation Regarding Fellow Inmates In Custody In 2009 and 2010, a crack and cocaine trafficking organization operating in Middletown, New York, and elsewhere, was under investigation by the DEA and other law enforcement agencies, which led to a sealed 25-defendant indictment in March 2010. Following planning meetings among several law enforcement agencies including New York State Troopers, a coordinated takedown took place in late March 2010. While most defendants were located and arrested, three fled in advance (each of whom was located and arrested months later), and known drug locations were found empty during execution of search warrants. A leak was suspected, but there were no leads or suspects as to its source. Following the takedown, Arillotta was housed with defendants in the case, and, without any knowledge of the case or the suspected leak, heard discussion about a police officer who was a confidante of some of the defendants, and who had tipped them off to the sealed indictment. In 24

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his early proffers, Arillotta informed the Government about these discussions he had overheard. His information led to the identification of a suspect, a trooper in the New York State Police, who was found on further investigation to likely have tipped the defendants off to the pending, sealed indictment, possibly during an illicit, high stakes poker game in which he played regularly with some of the charged defendants. The investigation did not result in criminal charges, in part because no defendant who had been tipped off cooperated, but did lead to the suspension of the trooper, as well as the termination of a New York state corrections officer who likewise was leaking information to charged defendants. E. Additional Considerations Arillotta’s cooperation is all the more compelling given the safety risks he now faces as well as the complete isolation he must endure from all facets of his previous life, particularly his children. As Arillotta explained during his testimony in both trials, when he joined the Genovese Crime Family, he swore an oath never to cooperate upon penalty of death – Arillotta was told that, if he could not be killed, his family would be killed. And from personal experience, Arillotta knew that this was a threat to be taken seriously, given that he himself had participated in the murder of two people for fear that they were cooperating. Thus, when Arillotta agreed to meet with the Government, he knew that there could be serious safety consequences. Indeed, he is now housed in the Witness Security Program, and, because he is divorced, he has not, and probably will not, see his children very much. Moreover, he will face considerable risk should he ever return to Springfield. Fortunately, no family member or friend of Arillotta has been harmed to date. But he will have to live in the future looking over his shoulder as a result of his decision to cooperate.

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Conclusion Based upon Anthony Arillotta’s substantial assistance to the Government in the investigation and prosecution of several individuals, the Government currently intends to move at sentencing for a downward departure under U.S.S.G. ' 5K1.1 and for a sentence notwithstanding the otherwise applicable mandatory minimum, pursuant to 18 U.S.C. ' 3553(e).

Respectfully submitted, PREET BHARARA United States Attorney By:___/s/______________________ Daniel S. Goldman Assistant United States Attorney (212) 637-2289

cc:

Thomas Butters, Esq. Christopher T. Ferrall, U.S. Probation

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