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Gambino Family insider: DiLeonardo testimony 3

Note: The testimony of Michael DiLeonardo is presented here for its educational value on the subject of organized crime history only. Defendant John A. Gotti was not convicted of any wrongdoing in this trial or in two other federal racketeering trials. Mr. Gotti publicly acknowledged holding a leadership position in the Gambino Crime Family at one time but insisted that he left the organization long ago. This edited and formatted version of DiLeonardo's testimony is the property of The American Mafia website.

United States of America v.
John A. Gotti, Jr., defendant

Page 3 of 5

(04 CR 00690 SAS-1)

District Judge Shira A. Scheindlin
United States District Court,
Southern District of New York
New York, N.Y.,
February 22, 2006

1 2 3 4 5 Idx

Junior's Wedding

John Gotti Jr.

John A. "Junior" Gotti

Q. Put that aside. Do you recall what happened in John Gotti, Jr.'s life approximately four months after this tape was made? April of 1990?

A. I believe he got married.

Q. And did you attend the wedding reception?

A. Yes.

Q. Where was the reception held?

A. Helmsley Palace.

Q. Approximately how many guests?

A. At least a couple of hundred.

Q. And who, in general, was there?

A. Just about the hierarchy of every family in New York; captains, soldiers, they were close associates.

Q. And what rank in the Gambino family did John Gotti, Jr. hold in April of 1990 at the time he was getting married?

A. Soldier.

Q. And do you recall whether you gave John Gotti, Jr. a wedding gift?

A. Yes. Me and the crew.

Q. And what was that gift?

A. 10,000.

Q. I would like to pull up government's exhibit 309 in evidence. If we could turn to the second page of 309. Prior to your testimony here today, Mr. DiLeonardo, have you had an opportunity to review this document?

A. Yes.

Q. And when you reviewed it, what did you recognize it to be?

A. Wedding list.

Q. Okay. And what do you mean by that?

A. That is all of the people I believe that attended his wedding and the gifts that they gave.

Q. How do you reach that conclusion?

A. Dollar amounts. And when I reviewed it, my name is on there with my crew and the 10,000-dollar gift we gave him.

Q. Why don't you use the laser pointer. And, first of all, identify for us where on this document you see your own name? I think we need to scroll down a little bit.

A. Okay. It is -- it is in the brackets right here. It says: D'Amico, Michael, which is me. Fat Dominick Borghese, and friends. That is the rest of crew whoever chipped in equaled $10,000 that we gave as a wedding gift to John.

Q. And without belaboring this too much, I would like you to just take us down the list. And, without identifying every single soldier and associate that you see, identify perhaps anyone at the level of captain or above in any of the five or six Mafia families in 1990.

A. This could be Petey Red, captain with the Genovese family. This is acting captain with us Carmine Sciandra, Top Tomato, owns Top Tomato stores. Johnny Nash is a guy, John's partners with in a video game business.

Q. John Gotti, Jr.?

A. John Gotti, Jr. Tony Proto is a soldier in Jersey, controls a labor local out there. Mike Madalia was a captain out there. This would be Junior Chilli, he was a captain with the Bonanno family. This is Brother, he is a wise guy with Nicky Corozzo. Blaise, also. Wise guy Nicky Corozzo. This is his brother.

Q. Do you see that reference 19th Hole. 19th Hole. Do you have an understanding what that means?

A. Where is that, I can't see it.

Anthony Casso

Anthony "Gaspipe" Casso

Q. Right under Blaise.

A. Oh, yeah. That says 19 Hole, yeah. That would be Luchese family. 19th Hole. They had a bar in Brooklyn on the corner. That -- I think Vic Amuso and Anthony Casso.

Q. Also known as?

A. Gaspipe.

Q. And what were their positions in the Luchese family?

A. Boss and underboss. This would be John Gambino, or Joe Gambino. They were both captains anyway, either way. Tommy Gambino. And his brother Joe. Tommy Gambino was a captain with us. Joe Gambino is his brother, but not a member, just an associate.

Q. Anybody else from the first column?

A. This would be Joe Gallo. The son, I think, sent over a gift. He was a wise guy with us. Eddie Leno was a captain with us. Tony Morelli, a captain with us. Louis Casman he was an associate of John, very close friend with both he and Junior later on. Sally Scala, he is a captain with us.

Q. How about the next row?

A. Jackie Gravano, soldier in Junior's crew. Charles Carnelia, soldier in John Jr.'s crew. Carl Liss, associate of John Sr. and later John, Jr. in the construction business.

Q. By the way, do you recognize the handwriting on this document?

A. Yes, I believe that is John's. Junior.

Q. John?

A. Junior. This would be the -- Persico, Colombo family. Vic Arena Colombo family, acting boss for a while. Benny Aloi, part of administration, one time acting with Colombos. Mario Chattraina, captain with us. Mike Catalana, closely associated with John, Sr. soldier, old-timer.

Q. Do you see that entry Pete Conti?

A. Patsy Conti, he was a captain with us. Georgie DeCicco, captain with us. Frankie Dappilito, he was also a captain with us.

Q. Do you see J. Butch?

A. Joe Butch Corrao, he was a captain with us.

Q. Is that the same Corrao whose apartment you and John Gotti, Jr., got inducted into the family in?

A. That's correct. Big Louie Valerio, he is captain with us. Sunny Ciccone, he was in charge of the waterfront, captain with us. Anthony Rotundo, captain with the Jersey family. Jackie Giordano another captain with us, very close to John, Sr. This was probably his brother, Joey Giordano, soldier. Vinnie Butch, he was a soldier with us, he was in John, Jr.'s crew.

Q. Any relation to Joe Butch?

A. Some.

Q. Do you see the entry there, the second from the bottom, R. Rebok?

A. Richard Rebok, he was an attorney, very close to John, Jr. and John, Sr.

Q. OK. Then the next row, just briefly.

A. Uncle Genie. That would be Uncle Gene, a captain with us. Joe Watts, he was an associate I told you about. Frank Locascio and his crew. Tory Zev. Tory would be his son and acting captain.

Q. Was Frank Locascio still the underboss by April of '90?

A. No. He was consigliere. Sammy became underboss in '90.

Johnny Alite

Johnny Alite

Q. He and Gravano had switched positions by that time?

A. Nicky Corozzo was a captain with us. Johnny Alite was associated with John, Jr. Tony C was a captain with us. Joe Mussina, he was a boss of the Bonanno family. Sal and Anthony Spiro, Anthony Spiro was a consigliere in the Bonanno family. Louie Braz, a captain with us. Sal and Joe Franco, they were handling the asphalt union. Ralph Mosca, captain. Joe Piney was part of our administration at one time. Jimmy Brown, again, a captain on another committee with our family.

Q. The same Jimmy Brown you said before controlled the garbage industry?

A. That's correct.

Q. The second page of this list, if you could just look at that for a second.

A. Joey Scopo was a captain with the Colombo family. John Riggi, the boss of the Jersey family. Johnny Johnny D'Amato was the acting underboss. Mike Carbone from Local 282. Iggy Alogna, soldier with Pete Gotti. Skinny Dom, also a soldier. I got straightened out with him.

Q. Tommy Twitch?

A. Tommy Twitch. He's an acting captain now for John, Jr.'s crew. Tommy Cacciopoli that would have been.

Q. Sammy?

A. Sammy, that would be Gravano. Frankie Russo, a close associate with the Gottis. He owns Russo's on the Bay and some other restaurants. Joe B. could be Joe Busta. I am not sure.

Q. How about towards the bottom there you see a V. Zolo?

A. Vinnie Zolo was with John, Jr. in the construction business. John was getting a pay out of there. Charlie Fish was a soldier in the Colombo family, very close with John, Jr.

Junior's Promotion

Q. Did there come a time after John Gotti, Jr.'s wedding in April of 1990 that you learned he had a new position in the Gambino family?

A. Yes, he was promoted to captain.

Q. Approximately when?

A. I would say several months after, or sooner after that.

Q. We're still in 1990 at this point?

A. That's correct.

Q. Who promoted him to the rank of captain?

A. Well, Sammy Gravano pushed for Junior to be a captain, and he went to Senior, John, Sr., and asked him to make John, Jr. a captain which was done.

Q. Was that promotion to the rank of acting or official captain?

A. No, official captain.

Q. Was he assigned a crew at that time?

A. Yes, he was.

Q. What soldiers were assigned to him?

A. Bobby Boriello, Jackie Cavallo, Tommy Cacciopoli, Charles Carneglia.

Q. And did this crew of soldiers grow over time?

A. Yes, it did.

Q. Over the years, how many more additional soldiers were added to John Gotti, Jr.'s crew when he was a captain?

A. Dom Borghese I believe was put in that crew, Vinnie Corrao, Carmine Agnello, Craig Depalma.

Q. You have given us about eight names. I just want to scroll through some photos here. Government's Exhibit 10. Who is that?

A. That would be Jackie Cavallo.

Q. Soldier in Johnny Gotti, Jr.'s crew?

A. That is correct.

Q. Government Exhibit 5?

A. Tommy Caccipoli, soldier, and then later acting captain.

Q. For whom?

A. John, Jr.

Q. Government's Exhibit 8?

A. Charles Carneglia.

Q. In John Gotti, Jr.'s crew?

A. Yes.

Q. Government's Exhibit 4?

A. That would be Fat Dom Borghese.

Q. Rank?

A. Soldier.

Q. In whose crew?

A. Junior's.

Q. Government's Exhibit 147A and B.

A. On the left Carmine Agnello, soldier and John's brother-in-law. And that's John.

Q. And B?

A. John, Jr., Carmine Agnello.

Q. Government's Exhibit 20?

A. That's Craig Depalma.

Q. C-r-a-i-g?

A. C-r-a-i-g, yes.

Q. A soldier in John Gotti, Jr.'s crew?

A. Yes.

Q. And Government's Exhibit 14?

A. That would be Vinnie Corrao.

Q. And also a soldier?

A. Also a soldier, yes.

Q. In addition to all these soldiers, did John Gotti, Jr.'s crew as a captain include associates?

A. Yes.

Q. And who was added to his crew as associates?

A. Well, they were always with him. There were always Stevie Kaplan, Frank Lividisi. Two brothers, Steve and Jeff Dobies. Stevie, the other Steve Kaplan.

Q. Why don't we go through just a couple of photos. Government's Exhibit 36.

A. That's Steve Kaplan, an associate.

Q. And Government's Exhibit 41?

A. Michael McLaughlin.

Q. 42?

A. John Ruggiero.

Q. Government's Exhibit 1?

A. Johnny Alite.

Q. And 158L?

A. 8K. Louis Casaneti.

Q. All associates in John Gotti, Jr.'s crew?

A. Yes.

Gambino Leadership Jailed

Q. Now, what happened to John Gotti, Sr. in December of 1990 just a month or so after he promoted his son to official captain?

A. He was arrested.

Q. Was he arrested alone or with others?

A. With others.

Q. Who?

A. Frank Locascio, Sam Gravano, Tommy Gambino.

Q. And did Gotti, Locascio and Gravano attempt to make bail?

A. Yes.

Q. Were they successful?

A. No.

Q. So at that point in time is it fair to say that the entire administration of the Gambino family was incarcerated?

A. That's correct.

Q. Was anyone put in charge of running the Gambino family now that Gotti Gravano and Locascio were off the street?

A. Yes. John, Sr. put together a committee to handle the street functions.

Peter Gotti

Peter Gotti

Q. And this committee, who did he appoint as members to this committee?

A. His son, John, Jr., his brother Pete Gotti, Lou Vallario, Jimmy Brown Failla, Jack D'Amico.

Q. OK. Let me show you Government's Exhibit 24. Who is that?

A. That would be Failla.

Q. And he was appointed to this ruling committee?

A. Yes.

Q. Exhibit 47.

A. Vallario.

Q. Also a member of the ruling committee?

A. That's correct.

Q. Exhibit 33?

A. Peter Gotti.

Q. And I believe he's a member of the committee as well?

A. Yes.

Q. The two other names you mentioned as being appointed by Gotti, Sr. to this committee were Johnny Gotti, Jr. and Jackie Nose D'Amico?

A. That's correct.

Q. The same Jackie Nose that we saw in those earlier photographs?

A. That is correct.

Q. By the time Gotti, Sr. formed this ruling committee with these five individuals, what rank did each of the five of them hold?

A. They were all captains.

Q. And who was the youngest member of this five-member ruling committee?

A. John, Jr.

Q. Who was the most powerful?

A. John, Jr.

Q. Why was that?

A. He was in stead for his father. Everything had to go through him before a decision was made or kicked up to his pop.

Q. What was the nature of your relationship with John Gotti Jr. at the time he assumed this position on the ruling committee of the Gambino family?

A. There was nobody closer to John than me.

Q. And did you discuss with John Gotti, Jr. what intentions he had as to how he was going to run the family for his father on the street?

A. Yes. He was told to stay in the background, keep the old timers up front. And that he would want my help, he would seek my advice, my help, that I would help him understand things from the background.

Q. When you say "keep the old timers up front," who were the old timers?

A. Jimmy Brown, Jackie Vallario.

Q. In this role of now running the family on the street, what were the day-to-day responsibilities that fell on John Gotti, Jr.'s lap?

A. The garbage industry, the construction industry, all our industries out there, making lists, making new members, things of that nature.

Crime Family Membership Lists

Q. You mentioned that he was now participating in the decision of who became new members. I want to show you Government's Exhibit 301 on the screen. First of all, do you recognize this document?

A. I have seen it before.

Q. OK. What do you recognize it to be?

A. That was a list that went around from the Bonanno people.

Q. How do you know it's a Bonanno family list?

A. I recognize some of the names.

Vincent Basciano

Vincent Basciano

Q. Like which ones?

A. Vinny Basciano.

Q. And who is he?

A. And Sally Horse.

Q. Who was Vincent Basciano?

A. He was a soldier in their family. He wound up being soldier out there, and so was Sally Horse.

Q. Do you see the two entries at the bottom where it said Bobby Bad Heart, 5/89, and Albert Chico, 5/86?

A. Yes. This is done through attrition. So those would be the deaths, the people who died, and then they are replaced with the fresh bodies.

Q. So you take the dates 5/89 and 5/86 as the time of death of the two members at bottom the bottom?

A. Yes.

Q. The two at the top are being proposed as replacements?

A. That's correct.

Q. There any rule in Cosa Nostra about how large the membership rolls can be?

A. Yes. Every family has a ceiling on how far their family could grow. When you get to your number, you have to wait for somebody to die to replace that number.

Q. Just to be clear, what kind of list do you recognize this to be?

A. That's a promotion list.

Q. In your time as a member and later a captain in the Gambino family, did you actually see and review lists of this sort?

A. Seen, reviewed and approved.

Q. What's the purpose of having members approve a list?

A. It goes to all the families. First it starts internally, if you want to straighten out a guy in your family, everybody reviews it. It goes to the captains, to the soldiers. They review it, if they have any beefs or this guy did something wrong in his lifetime that people should know about it before they are brought into our life. Then it is brought over to the other families, and they are distributed with those captains and the same procedure. If anybody has got a beef, they have the right to come up front and confront them.

Q. Can we see Government's Exhibit 302. Do you recognize this list?

A. Yes, that's a Luchese list.

Q. How do you know that?

A. I know Peter Argentina, Frankie Gioia, Enzo Napole.

Q. Who were they?

A. They were being inducted. That was a list to see if they could get into the family, get straightened out.

Q. Do you see the X mark next to the name Enzo Napole?

A. Yes. That was put there because that was we knocked him down. Our family knocked down the Luchese proposal. We were making a claim that he was with us and that they had no right to straighten him out.

Q. To your knowledge did Enzo Napole end up getting straightened out, or inducted?

A. After some years and some haggling, yes, he did get straightened out. We released him.

Q. Again, at the bottom of the list you see several names about seven names and dates on the far right-hand side. What do those represent?

A. Those would be the deaths.

MR. McGOVERN: Can we see Government's Exhibit 304, please.

Q. What do you recognize this to be?

A. That would be Lucheses again.

Q. How do you reach that conclusion?

A. I know the fellow on the left, James Calione.

Q. Who do you know him to be?

A. He was an associate and again got straightened out into that family.

Q. Do you see that, each of these entries on the left-hand side and right is Mrs. and Mrs. Do you have an understanding as to why that's written that way?

A. Whoever put the list together, if they got caught with it by law enforcement or it got picked up somewhere, they would think it would be some kind of invitation. But it wasn't. It was a promotion list.

Q. Just to be clear, are women allowed to be inducted into Mafia families?

A. No.

MR. McGOVERN: Can we see 305, please.

Q. Do you recognize this list?

A. That's a Bonanno list.

Q. Bonanno family?

A. Bonanno family. Excuse me.

Q. How do you reach that conclusion?

A. Bobby Lino. I knew Bobby Lino. He died. He was a soldier there.

Q. Do you recall when he died?

A. According to that list, '89.

Q. Do you have a general recollection that that's correct?

A. It could be, yeah. His son later on got straightened out.

Q. Any other written names you recognize on that?

A. Yes. Pete Boxcars Cosolito. I know him from my neighborhood since I'm a kid, older than me. He got straightened out.

Q. Anybody else?

A. Johnny Meragli, Johnny Boy. His father was a captain with them. He also got straightened out.

Q. The next exhibit I believe is 306. Do you recognize this list?

A. No.

Q. OK. Let's see. 307. Do you recognize this one?

A. That might be a Jersey list. No. That's the West Side, Larry Ricci.

Q. When you say West Side, what are you referring to?

A. The Genovese family. I recognize Tona's name up there.

Vinny Gigante

Vinny "the Chin" Gigante

Q. We will get to the names in a second. How did the Genovese family come to be called the West Side?

A. The Chin operated out of the West Side of Manhattan, lower Manhattan.

Q. Who is the chin?

A. Vinnie Gigante.

Q. You said you recognized some of these names.

A. Yes. Larry Ricci, and Tona Boriello.

Q. And who did you know them to be?

A. Members of the Genovese family.

Q. Do you see the entry at the bottom Nino Piazza '91?

A. Yes.

Q. What do you interpret that to mean?

A. That's definitely the day he died, like all those numbers are the days they died.

Q. OK. The year?

A. The year, yes. The year. Excuse me.

Q. Remind us, where was John Gotti, Sr. in 1991?

A. MCC I think.

Q. Jail?

A. In jail.

Q. He had been there since December of 1990?

A. Right.

Q. Can we see 308, please. Do you recognize this list?

A. Luchese family again.

Q. How do you determine that?

A. Frankie Giaccobe on the left side, second from the bottom, Patty Tasta.

Q. Starting with Frankie Giaccobe, who was he?

A. He was an associate. He got straightened out also. Same thing with Patty Tasta.

Q. Patty Tasta, same thing?

A. Yes.

Q. Again, at the top it says new, and on the left and on the right it says old. What do you take that to mean?

A. Old would be the year of the deaths, again, when they died. And the new was the new guys coming in.

Q. What was your rank -- we can put those aside. What was your rank in the Gambino family in early 1991 when John Gotti, Jr. first began running the Gambino family on the street for his father?

A. I was a soldier.

Q. Whose crew were you in?

A. D'Amico.

Q. Still with Jackie Nose?

A. Yes.

Q. Did John Gotti, Jr. continue to have his crew of soldiers and associates even after he rose to the position of head of this ruling committee?

A. Yes.

Q. And did he do anything with regard to the supervision of his crew of soldiers and associates?

A. Yes. He appointed Boriello as acting captain.

Q. OK. Which Boriello is this?

A. Bobby.

Q. I want to refer you in the exhibit binder to Government's Exhibit 163.

MR. McGOVERN: Maybe to expedite this I will just move 3 in if there is no objection?

MR. CARNESI: No objection.


Q. Can we bring 163 up on the screen. First of all, Mr. DiLeonardo, do you recognize yourself in this photo?

A. Yes.

Q. Where?

A. That's me.

Q. OK. Take us from left to right then.

A. Steve Kaplan.

Q. Who was he?

A. Associate of John, John, Jr., and Boriello.

Q. Can you give us an approximate time frame of this photo?

A. That would be either late '90 or early '91.

Q. Do you recognize the location?

A. Atlantic City.

The Murder of Bobby Boriello

Q. You said during this time frame Bobby Boriello was acting captain for John Gotti, Jr.?

A. Yes, I believe so.

Q. What happened to Bobby Boriello on April 13 of '91?

A. He was murdered.

Q. Did you find that date significant at the time?

A. Yes. Frank DeCicco five years prior was murdered on the same day, April 13.

Q. That's the Frank DeCicco you told us earlier who was blown up in his car outside of Veterans and Friends?

A. That's correct.

Q. When you realized that Bobby Boriello was murdered five years to the day, what did that mean to you?

A. We had a problem. Somebody was coming after us, murdering our guys.

Q. Let me direct your attention now to 159A and B. Actually, these are already in evidence if we could bring up 159A.

MR. McGOVERN: Your Honor, for the record, there's a stipulation between the parties that the two photos we are about to show are surveillance photos taken by law enforcement during the funeral of Bobby Boriello in April of 1991.

Q. Starting with 159A, and using the laser pointer, moving from left to right, can you tell us who you recognize in this photo?

A. Just let me catch up.

Q. 159A.

A. That's Jackie Cavallo.

Q. Who is Jackie Cavallo?

A. A soldier of John, Jr. That's John, Jr. That would be D'Amico. That is me. Tommy Cacciopoli.

Q. Also known as?

A. Tommy Sneakers, soldier. John Carneglia, soldier in John's crew. That's Dom Borghese, soldier.

Q. In whose crew?

A. John, Jr.'s. Noel Mortia, an associate of mine and Jackie's. Steven Boriello, Bobby's brother. I think that's all I can make out.

Q. That's fine. Again, at this point in time, you identified Cavallo and Cacciopoli, Borghese and Carneglia, all soldiers in John Gotti's crew?

A. That's correct.

Q. Is there any significance to the order in which you are walking out of the church together?

A. Well, from the proximity, John's the acting boss at that time running the family, Jackie is on the committee, and that's me.

Q. Can we go to 159B, please. Who do you recognize in this photo?

A. This is an associate of John's Louie Lasanaro, I believe, Steve Kaplan, associate.

Q. In John Gotti, Jr.'s crew?

A. In John Gotti, Jr.'s crew, right. This kid I don't know his name. This is Tony Pep, Tony Trentacosta. He is a soldier with Pete Gotti.

Q. Pete who?

A. Pete Gotti. Carmine Agnello, John's brother-in-law, a soldier, Anthony Amaroso, an associate of John, Jr. in his crew, Michael McLaughlin, an associate in his crew. This is Dino Basciano, who was with Bobby Boriello, an associate.

Q. What was your reaction, your personal reaction to the murder of Bobby Boriello?

A. I was devastated by it. I was sick. Bobby was a good guy.

Avenging Boriello

Q. Did you discuss the murder of Bobby Boriello directly with John Gotti, Jr.?

A. Yes.

Q. What was his reaction?

A. He was devastated also. He was sick.

Q. How close were he and Bobby?

A. Extremely close.

Q. To your knowledge, did John Gotti, Jr. make any attempt to avenge Bobby Boriello's murder?

A. Yes.

Q. What in particular did he do?

A. He set up a meeting with the West Side, the Genovese family, and went there to ask for somebody's, an individual's life.

Q. How do you know that?

A. I drove John to the appointment.

Barney Bellomo

Liborio "Barney" Bellomo

Q. You said the meeting was with the West Side. Who in particular from the Genovese family attended this sit-down.

A. Micky DeVino, a fellow named Barney and another individual, I don't remember his name.

Q. What were their positions at the time?

A. There was a prior agreement with this Preston Geritano. Bobby had some beefs with him. The arrangement was if anything -

Q. I am sorry. I didn't mean their position on the murder of Bobby Boriello. I mean, what positions did they hold within the Genovese family?

A. OK. I'm sorry. Barney was the acting boss, and Mickey DeVino, he had a fellow on the committee.

Q. Before we get into what happens at that meeting, did you speak to John Gotti, Jr. after it?

A. Yes.

Q. After the meeting concluded?

A. Yes.

Q. Is that how you came by your knowledge of what transpired at meeting?

A. Well, I knew what he was going to say when he went there also.

Q. He shared that with you?

A. Sure.

Q. What did he tell you on the way to the sit-down?

A. Well, it wasn't in the car. It was prior to going there. That he was going to ask for this guy's life.

Q. OK. Explain to us now the context as to why John Gotti, Jr. would be asking for the life of Preston Geritano?

A. There was a prior agreement between John, Sr. and the West Side. Like I said, Bobby and Preston were having some troubles with each other, and very tough individuals and very capable of murder. The arrangement was if anything happened to Bobby Boriello that the West Side would kill Geritano.

Q. And you say you drove John Gotti, Jr. to this meeting with the West Side and then spoke to him afterwards --

A. Right.

Q. -- what did you learn from John Gotti, Jr. after the meeting?

A. He demanded that Geritano be killed.

Q. And according to John Gotti, Jr., how was that demand received by the Genovese family?

A. They said OK.

Q. At that point in time, what authority did John Gotti, Jr. have to be demanding the life of a Genovese family soldier?

A. Well, he had full authority. He was on the committee. That gave him the authority to go there and do that. That was sort of how they were administrated.

Q. Did John Gotti, Jr. tell you what would happen to Preston Geritano if the Genovese family did not make good on its promise to kill him?

A. That we were going to stink him.

Q. Meaning what?

A. We were going to kill him.

Q. To your knowledge, did the Genovese family actually carry out that request and actually murder Preston Geritano?

A. No.

Q. What was Gotti's reaction to that, Gotti, Jr.?

A. He was very upset about it, as everybody else was.

Q. Did he give anyone else permission to kill Preston Geritano?

A. Yes. He told me he talked to Stevie Boriello. If he had any issue about the revenge, nobody would stop him.

Q. To your knowledge, was Preston Geritano ultimately killed?

A. Yes. But not from us.

Q. And not from John Gotti, Jr.?

A. Yes. Definitely not.

Q. You also mentioned that there were -- well, let me go back. Who else attended this sit-down with the Genovese family on behalf of the Gambino family?

A. Lou Vallario and Jimmy Brown.

Q. Is Jimmy Brown Failla alive today?

A. No. He died in prison.

Q. When he was alive, did you consider him a powerful member of the Gambino family?

A. Yes.

Q. I want to direct your attention to a series of photographs. If counsel will stipulate to the date, the date of these photographs is June 15, 1991. Let me ask you, June 15, '91, how does that relate to the timing of the sit-down that you just discussed with us, that Bobby Boriello was killed in April?

A. It was months off. Months away.

Q. General timeframe?

A. Yes.

Q. Let's pull up, if we can, 118A, B, and C. You can consult the book in front of you if these are a little too dark and tell us whether you recognize the individuals in that photo, 118A.

A. That's John, Jr. and that's Jimmy Brown.

Q. And the individual on the left you can't identify?

A. No, not from this angle.

Q. Let's go to 118B.

A. Jimmy Brown, John, Jr.

Q. 118C?

A. Jimmy Brown. Behind him Junior, Pete Gotti.

Q. And Pete Gotti's position at this point in time?

A. He was the captain on the committee.

Q. As well as Jimmy Brown Failla?

A. Right.

Q. Let me refer you now to some photographs taken on December 7, 1991, several months after these were taken, still in '91, government's Exhibit 121A.

A. That's me in the Yankee jacket and Joe Butter DeCicco.

Q. Joe Butter?

A. Joe Butter. That was his nickname.

Bergin Hunt and Fish Club

Bergin Hunt and Fish Club

Q. Do you recognize the location of this photograph?

A. That would be the Bergin, John's club.

Q. John who?

A. At this time Junior.

Q. And whose club had the Bergin Hunt and -- who had it belonged to before John Gotti, Sr. went to jail?

A. John Gotti, Sr.

Q. OK. So now that we're in December of '91, you're going to the Bergin Hunt & Fish. Let me show you 121C and D, which were photographs taken on the very same day that you are seen attending the Bergin Hunt & Fish. Who do you see on the left-hand side there?

A. That's Jimmy Failla.

Q. Jimmy Brown?

A. Jimmy Brown, John, Jr., Joe Butch Corrao.

Q. OK. The location?

A. The same location, Bergin.

Q. Finally, let me show you a photographs taken on April 25, 1992, Government's Exhibit 122A through C, approximately four months after the ones that we just looked at. Tell us if you recognize the location shown here?

A. The Bergin also.

Q. Do you recognize the individuals in Government's Exhibit 122A?

A. Yes. That's Joe Arcuri, an old timer, with us. He was a captain. And John Gotti, Jr.

Q. When you say Joe Arcuri is an old timer, how far back does his membership in the Gambino family date?

A. Turn of the century also. His father was also a wise guy.

Q. In this photo approximately how old is Joe Arcuri?

A. He's got to be in his 70s there.

Q. Let me show you Government's Exhibit 122B?

A. Joe Arcuri, Junior.

Q. The large fellow on the left, can you recognize him?

A. Yeah. He was the caretaker of the club. I believe his name is Bobby Pellegrino.

Q. And 122C?

A. Joe Arcuri, John, Jr.

Q. And is there a general description from what those two individuals are doing in that photo?

A. What are they doing?

Q. Yes.

A. They are talking about something they don't want to talk about inside.

Q. I want to direct your attention now to late 1991, around November of 1991. Were John Gotti, Sr., Frank Locascio, and Gravano still in jail awaiting trial in their federal case?

A. That's correct.

Sammy Gravano Flips

Q. Did you receive any information in November '91 about Sammy Gravano?

A. Yes, we did.

Q. What was that?

A. He cooperated.

Q. What was the reaction within your Mafia family?

A. Panic.

Q. How so?

A. Sammy knew everything about everybody. He would send a lot of people to jail.

Q. After word hit the street that Sammy Gravano was now cooperating with the government, was anyone else put in charge of all the labor unions and the construction contractors that you previously said Gravano was handling for the Gambino family?

A. Yes. They gave that to me.

Q. Who gave it to you?

A. John, Sr.

Q. How did you come to learn that this was now your responsibility?

A. Jackie drove us up to MCC to see John one night, and he came down with Pete Gotti, and they told me that John wanted me to handle all the construction. Everything that Sammy had they wanted me to handle it because they trusted me.

Q. You are referring to John who?

A. John Gotti Sr.

Q. When you said the MCC, is that the jail where Senior was being held at the time?

A. That's correct.

In Control of the Construction Rackets

Q. When Peter Gotti and Jack D'Amico told you that you were now in charge of the construction rackets for the family, did Peter Gotti attach any warnings to that?

A. Yes. If Eddie or any -- Eddie Garafola or I screwed up, they would kill us.

Q. And who is Eddie Garafola?

A. Sammy Gravano's brother-in-law, who knew everything about the construction business.

Q. Was he going to play a role also in handling the rackets for the family?

A. Yes. I had to hold Eddie's pulse, learn as much as I could and take control of the business through Eddie, through his influence and his knowledge.

Q. What do you mean hold Eddie's pulse?

A. Well, his brother just cooperated, so it was a little sticky situation. We didn't know if Eddie was going to flip at that time, what his position was.

Q. And I believe you said his brother just cooperated?

A. Brother-in-law.

Q. Just in the most basic terms, what did it mean to you now to be in charge of the family's construction rackets?

A. It was going to come with a lot of heat at that time. My first reaction was Sammy knew everything. Now I am going to go meet with all these contractors. We've got a lot of exposure. On the second hand, the benefit was I was going to make a lot of money in the future.

Q. Did you speak to John Gotti, Jr., about this promotion now or this assignment that you had received to run the construction rackets for the family?

A. Yes, I did.

Q. How soon after you learned of this news from Peter Gotti and Jack D'Amico did you speak to John Gotti, Jr.?

A. Within a couple of days.

Q. What was his reaction?

A. He was very happy for me. He says, I knew about it.

Promoted to Acting Captain

Q. After you took charge of the construction rackets for the family, did your position in the family change?

A. Yes. I became an acting captain.

Q. Who promoted you?

A. Senior.

Q. And who told you about that promotion?

A. D'Amico and John, Jr.

Q. And according to John Gotti, Jr., who had made that decision to promote you now to acting captain?

A. Senior.

Q. And what was your understanding as to how John Gotti, Sr. was communicating his wishes to the street even though he was incarcerated at the MCC?

A. Jackie going up to visit him, Pete Gotti, his son, Junior, and other people, attorneys he had. It was very easy at that time to get messages in and out.

Q. When you say attorneys, do you recollect some of the attorneys who were visiting with John Gotti, Sr. at that time?

A. Yes. Cutler, Shargel, all his attorneys that were on the case at that time, Rebok.

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