Exhibit,Appendix: Elliott Porco, Construction Directions Llc D/B/A Construction Directions Group v. Michael Villano, Ovation Risk Planners, Inc., Eastgate Agency Assoc., Llc., Steve Georgalos, Scottish American Insurance Agency, Inc., John Rodopoulos, Carol Rodopoulos, Upside Construction, Llc., Upside New York, Eastern Concrete D/B/A Us Concrete, Herc Rentals

On May 09, 2023 a Exhibit,Appendix was filed involving a dispute between Construction Directions Llc D B A Construction Directions Group, Elliott Porco, and Carol Rodopoulos, Eastern Concrete D B A Us Concrete, Eastgate Agency Assoc., Llc., Herc Rentals, John Rodopoulos, Michael Villano, Ovation Risk Planners, Inc., Scottish American Insurance Agency, Inc., Steve Georgalos, Upside Construction, Llc., Upside New York, for Torts - Other (Fraud) in the District Court of Westchester County.

Preview
FILED: WESTCHESTER COUNTY CLERK 07/05/2023 01:40 PM INDEX NO. 60987/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/05/2023

Exhibit D
FILED: WESTCHESTER COUNTY CLERK 07/05/2023 01:40 PM INDEX NO. 60987/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/05/2023

United States v. Giampa
United States District Court for the District of New Jersey
August 17, 1995, Decided ; August 17, 1995, FILED
CRIMINAL ACTION NO. 94-403 (AJL)

Reporter
904 F. Supp. 235 *; 1995 U.S. Dist. LEXIS 14145 **
UNITED STATES, Plaintiff, v. JOSEPH Judges: LECHNER, District Judge
GIAMPA, GENNARO VITTORIO, a/k/a "Gerry
Giampa," JOSEPH GAITO, JAMES MCMANUS, Opinion by: LECHNER
BENJAMIN SEGARRA, ELLIOT PORCO and
JOHN CAPRA, a/k/a "Johnny Hooks," Defendants. Opinion
Subsequent History: [**1] As Amended
September 19, 1995. [*246] TABLE OF CONTENTS
Counsel: Faith S. Hochberg, United States Facts
Attorney, Jose P. Sierra, AUSA, Kevin E.
McCarthy, AUSA, Mariellen Dugan, AUSA, The Redacted Superseding Indictment
Office of the United States Attorney, Newark, New
A. Background
Jersey, (Attorneys for the United States).
Thomas R. Ashley, Esq., Raymond L. Hamlin, [*247] B. The Defendants
Esq., Ashley & Charles, New Jersey, (Attorneys for
1. Giampa
Joseph Giampa).
Robert J. Fettweis, Esq., Fleming, Roth & Fettweis, 2. Vittorio
Newark New Jersey, (Attorney for Gennaro 3. Gaito
Vittorio).
James C. Patton, Esq., Livingston, New Jersey, 4. McManus
(Attorney for Joseph Gaito). [**2] 5. Segarra
Cathy L. Waldor, Esq., Waldor, Carlesimo &
6. Porco
Biancone, Montclair, New Jersey, (Attorney for
James McManus). 7. Capra
James J. Culleton, Esq., Culleton, Marinaccio &
C. Count One: Conspiracy to Engage in
Foglia, Englewood, New Jersey, (Attorney for
Racketeering
Benjamin Segarra).
George L. Santangelo, Esq., Richard A. Medina, D. Count Two: Substantive RICO
Esq., Santangelo, Santangelo & Cohen, New York,
E. Count Three: Conspiracy to Distribute Narcotics
New York, (Attorneys for John Capra).
Bruce Cutler, Esq., New York, New York, F. Count Four: Distribution of Heroin
(Attorney for Elliot Porco). G. Count Five: Conspiracy to Import Narcotics

Michael Engelson
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904 F. Supp. 235, *247; 1995 U.S. Dist. LEXIS 14145, **2

H. Count Six: Conspiracy to Deal in Firearms 5. Segarra

I. Count Seven: Transfer of Machine Gun 6. Porco

J. Count Eight: Selling Firearm to a Felon 7. Capra

K. Count Nine: Selling Firearm to a Felon Discussion

L. Count Ten: Shipping Gun with Altered Serial I. Pre-Trial Matters
Number
A. Severance
M. Count Eleven: Transferring Unregistered
Machine Gun 1. Joinder Pursuant to Rule 8

N. Count Twelve: Conspiracy to Steal and 2. Severance Pursuant to Rule 14
Transport Stolen Property
3. Severance From the Trial of McManus
O. Count Thirteen: Transportation of Stolen
B. Motion to Dismiss the Redacted Superseding
Property
Indictment for "Outrageous" Government Conduct
P. Count Fourteen: Possession of Stolen Property
C. Motions to Dismiss the Redacted Superseding
Q. Count Fifteen: Conspiracy to Transport Stolen Indictment for Failure to Properly Allege the
Vehicles Crimes Charged

R. Count Sixteen: Conspiracy to Establish D. Motions to Strike Surplusage
Gambling Operations
E. Motion by McManus to Suppress the Second
S. Count Seventeen: Conspiracy to Make Redacted McManus Statement
Extortionate Loan
1. Miranda
T. Count Eighteen: Conspiracy to Deal in
2. Voluntariness of Statement
Counterfeit Money
F. In Limine Motions to Suppress the Second
U. Count Nineteen: Conspiracy to Conceal
Redacted McManus Statement
Evidence
G. Motion to Dismiss the Redacted Superseding
V. Count Twenty: Attempt to Conceal Evidence
Indictment for Failure to Bring McManus Before a
W. Counts Twenty-One Through Forty-Six: Magistrate Judge Without "Unnecessary Delay"
Travel/Telephone Use in Aid of Racketeering
H. Motion to Suppress the Fruits of the Lanteri
X. The Jury Verdict Wiretap.

1. Giampa I. Requests for a Bill of Particulars

2. Vittorio J. Pretrial Disclosure of Brady and Giglio and
Jencks Act Material
[**3] 3. Gaito
1. Brady Material
4. McManus
[*248] 2. Giglio Material

Michael Engelson
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904 F. Supp. 235, *248; 1995 U.S. Dist. LEXIS 14145, **3

3. Jencks Act Material 2. Vittorio's Motions for Mistrial

K. FRE 404(b) Material 3. Segarra's Motion for Mistrial

1. Timing of FRE 404(b) Disclosure 4. Capra's Motion for Mistrial

2. Pre-Trial Determination of Admissibility of FRE C. Gaito's Request for an Entrapment Defense
Charge
404(b) Evidence
1. The Entrapment Defense
L. Co-Conspirator Statements
a. Inducement
[**4] 1. Pre-Trial Disclosure of Co-Conspirator
Statements b. Non-Predisposition
2. Hearing on Admissibility of Co-Conspirator 2. Inappropriateness of an Entrapment Charge in
Statements the Instant Case
M. Disclosure of the Identity of Confidential 3. Gaito's Initiation of Contact With Sabol
Informants
4. Motion for Reconsideration
N. Access to Grand Jury Materials
D. Motions for [**5] Judgment of Acquittal Under
O. Date Certain for Production of Transcripts Rule 29(a)
P. Preservation of Rough Notes and Reports 1. Count One: Conspiracy to Engage in
Racketeering
Q. Request for Leave to File Additional Motions
a. Giampa's Rule 29 Motion on Count One
R. Reciprocal Discovery
b. Vittorio's Rule 29 Motion on Count One
S. Jury Selection Procedures
c. Gaito's Rule 29 Motion on Count One
T. Hearings on Objections to Audio and Video
Taped Evidence d. McManus' Rule 29 Motion on Count One
U. In Limine Motions Concerning the Admissibility e. Segarra's Rule 29 Motion on Count One
of 404(b) Material
f. Porco's Rule 29 Motion on Count One
1. Past Charged and Uncharged Criminal Activity
g. Capra's Rule 29 Motion on Count One
2. Accidental Shooting of Gaito
2. Count Two: Substantive RICO
3. Racial Epithets
a. Giampa's Rule 29 Motion on Count Two
4. Drug Use
b. Vittorio's Rule 29 Motion on Count Two
II. Trial Motions and Objections
c. McManus' Rule 29 Motion on Count Two
A. Objections to Explanation of Taped References
The Narcotics Counts (Counts Three through Five)
B. Motions for Mistrial
3. Count Three: Conspiracy to Distribute Narcotics
1. Giampa's Motions for Mistrial

Michael Engelson
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904 F. Supp. 235, *248; 1995 U.S. Dist. LEXIS 14145, **5

a. Vittorio's Rule 29 Motion on Count Three 12. Count Twelve: Conspiracy to Steal and
Transport Stolen Property
b. Gaito's Rule 29 Motion on Count Three
13. Count Thirteen: Transportation of Stolen
c. McManus' Rule 29 Motion on Count Three Property
4. Count Four: Distribution of Heroin 14. Count Fourteen: Possession of Stolen Property
a. Gaito's Rule 29 Motion on Count Four a. Giampa's Rule 29 Motion on the Stolen Fur
b. McManus' Rule 29 Motion on Count Four Counts

5. Count Five: Conspiracy to Import Narcotics b. Vittorio's Rule 29 Motion on the Stolen Fur
Counts
a. Giampa's Rule 29 Motion on Count Five
c. Gaito's Rule 29 Motion on the Stolen Fur Counts
b. Vittorio's Rule 29 Motion on Count Five
15. Count Fifteen: Conspiracy to Transport Stolen
c. McManus' Rule 29 Motion on Count Five Vehicles

d. Porco's Rule 29 Motion on Count Five a. Giampa's Rule 29 Motion on Count Fifteen

[*249] e. Capra's Rule 29 Motion on Count Five b. Vittorio's Rule 29 Motion on Count Fifteen

The Firearms Counts (Counts [**6] Six through c. Segarra's Rule 29 Motion on Count Fifteen
Eleven)
d. Porco and Capra's Rule 29 Motions on Count
6. Count Six: Conspiracy to Deal in Firearms Fifteen

7. Count Seven: Transfer of Machine Gun 16. Count Sixteen: Conspiracy [**7] to Establish
Gambling Operations
8. Count Eight: Selling Firearm to a Felon
a. Giampa's Rule 29 Motion on Count Sixteen
9. Count Nine: Selling Firearm to a Felon
b. Vittorio's Rule 29 Motion on Count Sixteen
10. Count Ten: Shipping Gun with Altered Serial
Number c. Porco's Rule 29 Motion on Count Sixteen

11. Count Eleven: Transferring Unregistered d. Capra's Rule 29 Motion on Count Sixteen
Machine Gun
17. Count Seventeen: Conspiracy to Make
a. Vittorio's Rule 29 Motion on the Firearms Extortionate Loan
Counts
a. Giampa's Rule 29 Motion on Count Seventeen
b. Gaito's Rule 29 Motion on the Firearm Counts
b. Vittorio's Rule 29 Motion on Count Seventeen
c. McManus' Rule 29 Motion on Firearms Counts
18. Count Eighteen: Conspiracy to Deal in
d. Segarra's Rule 29 Motion on Firearms Counts Counterfeit Money

The Stolen Fur Counts (Counts Twelve Through Vittorio's Rule 29 Motion on Count Eighteen
Fourteen)
The Concealing Evidence Counts (Counts Nineteen

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and Twenty) a. Risk of Flight

19. Count Nineteen: Conspiracy to Conceal b. Danger to the Community $2. Inappropriateness
Evidence of Bail in the Instant Case

20. Count Twenty: Attempt to Conceal Evidence a. Giampa

a. Giampa's Rule 29 Motion on Counts Nineteen b. Gaito
and Twenty
c. McManus
b. Vittorio's Rule 29 Motion on Counts Nineteen
and Twenty d. Porco and Capra

c. McManus' Rule 29 Motion on Counts Nineteen [*250] Conclusion
and Twenty OPINION
The Travel/Telephone Counts (Counts Twenty-One LECHNER, District Judge
through Forty-Six)
A fifty-one count indictment (the "Indictment") was
21. Counts Twenty-One Through Forty-Six: filed on 10 August 1994 against defendants Joseph
Travel/Telephone Use in Aid of Racketeering Giampa ("Giampa"), Gennaro Vittorio (a/k/a
"Gerry Giampa") ("Vittorio"), Joseph Gaito
a. Giampa's Rule 29 Motion on the ("Gaito"), James McManus ("McManus"), Guy
Travel/Telephone Counts Fatato ("Fatato") 1, Benjamin Segarra ("Segarra"),
Louis Dorval (a/k/a "Louie") ("Dorval") 2, Elliot
b. Vittorio's Rule 29 Motion on the Porco ("Porco") and John Capra (a/k/a "Johnny
Travel/Telephone Counts Hooks") ("Capra").
c. Gaito's Rule 29 Motion on the Travel/Telephone
[**9] The Indictment charged violations of the
Counts
Racketeer Influenced and Corrupt Organizations
d. McManus' Rule 29 Motion on the Act ("RICO"), 18 U.S.C. §§ 1961(1), (5), 1962(d),
Travel/Telephone [**8] Counts conspiracy to import and distribute heroin and
cocaine, 21 U.S.C. §§ 963, 846, distribution of
e. Segarra's Rule 29 Motion on the heroin, 21 U.S.C. §§ 963, 846, distribution of
Travel/Telephone Counts heroin, 21 U.S.C. §§ 841(a)(1), 846, conspiracy to
deal in firearms, 18 U.S.C. § 922(a)(4), (d)(1), (k),
f. Porco's Rule 29 Motion on the Travel/Telephone
26 U.S.C. § 5861(e), dealing in firearms, 18 U.S.C.
Counts

III. Post Trial Motions 1 On 27 April 1995, Fatato pleaded guilty to one count of conspiracy
to violate RICO pursuant to Section 1962(d) of Title 18 of the United
A. Declaration of Mistrial as to Deadlocked Counts States Code.

B. Motions for Judgment of Acquittal Under Rule 2 Shortly after the Indictment was filed, Dorval was murdered. See,
29(c) e.q., Gary Witherspoon & Robert E. Kessler, Bit Player Among
Wiseguys, Newsday, Aug. 19, 1994, at A7 (detailing how Dorval
C. Motions for Bail Pending Sentencing was found, on 16 August 1994, "stuffed inside a 2-by-3 foot black-
plastic tool trunk floating in the Atlantic Ocean"); Body Identified,
Balt. Sun, Aug. 19, 1994, at 3A (reporting that Dorval "had been
1. 18 U.S.C. § 3143(a)
shot once in the head"); Mafia Associate Found Dead in Sea, Rocky
Mountain News, Aug. 20, 1994, at 41A (same).

Michael Engelson
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904 F. Supp. 235, *250; 1995 U.S. Dist. LEXIS 14145, **9

§ 922(a)(4), (d)(1), (k), 26 U.S.C. § 5861(e), commerce." Count 1, P 1(a). The Redacted
conspiracy to steal and transport stolen property, 18 Superseding Indictment alleges the Lucchese Crime
U.S.C. §§ 2, 659, 2314, 2315, transportation and Family was a criminal enterprise 4 [*251] which
possession of stolen property, 18 U.S.C. §§ 2, 2314, was highly structured and had a well defined chain
2315, conspiracy to transport stolen vehicles, 18 of command. Count 1, P 1(b).
U.S.C. § 2312, conspiracy to establish an illegal
gambling business, 18 U.S.C. § 1955, conspiracy to The Redacted Superseding Indictment alleges that
make an extortionate loan, 18 U.S.C. §§ 892, 2, at the top of the Lucchese Crime Family's hierarchy
conspiracy to deal in counterfeit money, 18 U.S.C. was the "Boss" who exercised absolute control over
§ 473, conspiracy to conceal evidence, 18 U.S.C. the operation of the Lucchese Crime Family. Id.
§§ 1512(b), 2, and travel and telephone use in aid The Redacted [**12] Superseding Indictment
of racketeering, 18 U.S.C. §§ 1952, 2. further alleges that subordinate to the Boss were the
"Underboss," and "Consigliere" or "Advisor." Id.
On 8 February 1995, a superseding indictment (the Below the Boss, Underboss and Consigliere were
"Superseding Indictment") was filed. The "Captains," also known as "Caporegimes" or
Superseding Indictment eliminated Dorval who is "Capos" or "Skippers." Id.
deceased. Aside from [**10] eliminating
references to Dorval, the Superseding Indictment is According to the Redacted Superseding Indictment
identical to the Indictment in most respects. The each of the Captains was in charge of one or more
United States (the "Government") submitted a groups or "Crews" of individual "Soldiers" or
redacted version of the Superseding Indictment (the "members of the [Lucchese Crime Family] who had
"Redacted Superseding Indictment"), on 12 July been formally initiated or 'made' as members of the
1995, which eliminated references to Fatato. 3 enterprise." Id. The Redacted Superseding
Indictment alleges these Soldiers then recruited and
This opinion addresses the rulings made prior to, controlled the activities of various associates, each
during the course of and after trial in this matter. of whom sought the protection and economic
benefits such association afforded. Id.
Facts
The Redacted Superseding Indictment alleges the
[**11] The Redacted Superseding Indictment object and purpose of the Lucchese Crime Family
A. Background [were] to make money for those associated
with it through the conduct of diverse criminal
According to the Redacted Superseding Indictment, activities including, but not limited to,
the Lucchese Crime Family (the "Lucchese Crime loansharking, extortion, illegal gambling, and
Family") "was a wholly illegal entity consisting of trafficking in stolen property, narcotics and
individuals associated in fact as an enterprise," as firearms.
defined in 18 U.S.C. 1961(4), "which was engaged
in, and the activities of which affected, interstate Id., P 1(c). Additionally, the Redacted Superseding
Indictment alleges individuals associated with
the [**13] Lucchese Crime Family were required
3 Defendants Giampa, Vittorio, Gaito, McManus, Segarra, Porco and
to pay to their superiors a percentage of the
Capra are collectively referred to as the "Defendants." References to proceeds from criminal activity in which they or
the Indictment or Superseding Indictment by the Defendants or the
Government in their submissions have been construed as references
to the Redacted Superseding Indictment. For the purposes of this
opinion, the Redacted Superseding Indictment will be used. The 4 An enterprise is defined as including "any individual, partnership,
Redacted Superseding Indictment was the version of the Indictment corporation, association, or other legal entity, and any union or group
which was charged to the Jury. Specific Counts of the Redacted of individuals associated in fact although not a legal entity." 18
Superseding Indictment are cited as "Count , P ." U.S.C. § 1961(4).

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their subordinates participated. Id. Firearms, Count 6, Transfer of Machine Gun,
Count 7, Selling Firearms to a Felon, Counts 8, 9,
B. The Defendants Shipping a Gun with an Altered Serial Number,
1. Giampa Count 10, Transferring an Unregistered Machine
Gun, Count 11, Conspiracy to Steal and Transport
According to the Redacted Superseding Indictment, Stolen Property, Count 12, Transporting Stolen
Giampa "was a made member and a high ranking Property, Count 13, Possession of Stolen Property,
'Caporegime' in the Lucchese Crime Family." Id., P Count 14, Conspiracy to Transport Stolen Vehicles,
2(a). The Redacted Superseding Indictment alleges Count 15, Conspiracy to Establish a Gambling
he was the leader of a group of "made" members Operation, Count 16, Conspiracy [**15] to Make
and associates of the Lucchese Crime Family (the an Extortionate Loan, Count 17, Conspiracy to
"Giampa Crew"). Id. The Redacted Superseding Deal in Counterfeit Money, Count 18, Conspiracy
Indictment further alleges Giampa reported to the to Conceal Evidence, Count 19, Attempt [*252] to
Boss and Underboss of the Lucchese Crime Family Conceal Evidence, Count 20, and Travel/Telephone
"for any transgression against the fundamental rules Use in Aid of Racketeering. Counts 21-27, 29, 30,
of the [Lucchese Crime Family] by those members 37, 43.
below him in the chain of command." Id.
3. Gaito
The Redacted Superseding Indictment charges
Giampa with violating RICO, Counts 1, 2, The Redacted Superseding Indictment alleges Gaito
Conspiracy to Import Narcotics, Count 5, was associated with Giampa, to whom he reported,
Conspiracy to Steal and Transport Stolen Property, and Vittorio. Count 1, P 2(c). Gaito is charged in
Count 12, Transporting Stolen Property, Count 13, the Redacted Superseding Indictment with violating
Possession of Stolen Property, Count 14, RICO, Count 1, Conspiracy to Distribute Narcotics,
Conspiracy to Transport Stolen Vehicles, Count 15, Count 3, Distribution of Heroin, Count 4,
Conspiracy to Establish a Gambling Operation, Conspiracy to Deal in Firearms, Count 6, Transfer
Count 16, Conspiracy to Make [**14] an of Machine Gun, Count 7, Selling Firearms to a
Extortionate Loan, Count 17, Conspiracy to Felon, Counts 8, 9, Shipping a Gun with an Altered
Conceal Evidence, Count 19, Attempt to Conceal Serial Number, Count 10, Transferring an
Evidence, Count 20, and Travel/Telephone Use in Unregistered Machine Gun, Count 11, Conspiracy
Aid of Racketeering. Counts 34, 36, 37, 40, 42. to Steal and Transport Stolen Property, Count 12,
and Travel/Telephone Use in Aid of Racketeering.
2. Vittorio Counts 22-25, 27.

The Redacted Superseding Indictment alleges 4. McManus
Vittorio was associated with Giampa and was a
member of the Giampa Crew. Count 1, P 2(b). According to the Redacted Superseding Indictment,
According to the Redacted Superseding Indictment, McManus was associated with Vittorio, to whom
Vittorio, who reported directly to Giampa, he reported, Porco and Capra. Count 1, P 2(d). The
supervised other associates including Gaito, Redacted Superseding Indictment charges
McManus and Fatato. Id. McManus with violating RICO, Count 1, 2,
Conspiracy to Distribute Narcotics, Count [**16]
Vittorio is charged in the Redacted Superseding 3, Distribution of Heroin, Count 4, Conspiracy to
Indictment with violating RICO, Counts 1, 2, Import Narcotics, Count 5, Conspiracy to Deal in
Conspiracy to Distribute Narcotics, Count 3, Firearms, Count 6, Transfer of Machine Gun,
Distribution of Heroin, Count 4, Conspiracy to Count 7, Selling Firearms to a Felon, Counts 8, 9,
Import Narcotics, Count 5, Conspiracy to Deal in Shipping a Gun with an Altered Serial Number,

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Count 10, Transferring an Unregistered Machine charged in the Redacted Superseding Indictment
Gun, Count 11, Conspiracy to Steal and Transport with violating RICO, Count 1, Conspiracy to
Stolen Property, Count 12, Transporting Stolen Import Narcotics, Count 5, Conspiracy to Transport
Property, Count 13, Possession of Stolen Property, Stolen Vehicles, Count 15, and Conspiracy to
Count 14, Conspiracy to Transport Stolen Vehicles, Establish a Gambling Operation. Count 16.
Count 15, Conspiracy to Establish a Gambling
Operation, Count 16, Conspiracy to Conceal C. Count One: Conspiracy to Engage in
Evidence, Count 19, Attempt to Conceal Evidence, Racketeering
Count 20, and Travel/Telephone Use in Aid of The Redacted Superseding Indictment charges that
Racketeering. Counts 27-32, 37, 38, 41, 44-46. from on or about 21 October 1992, through on or
5. Segarra about 11 [**18] August 1994, in the District of
New Jersey, and elsewhere, the Defendants,
The Redacted Superseding Indictment alleges
Segarra was associated with Porco, to whom he employed by and associated with Lucchese
reported, McManus and Capra. Count 1, P 2(e). Crime Family, an enterprise which was
Segarra is charged in the Redacted Superseding engaged in, and the activities of which affected,
Indictment with violating RICO, Count 1, interstate commerce, did knowingly and
Conspiracy to Deal in Firearms, Count 6, Transfer wilfully conspire with each other and with
of Machine Gun, Count 7, Selling Firearms to a others to conduct and to participate, [*253]
Felon, Count 9, Transferring an Unregistered directly and indirectly, in the conduct of the
Machine Gun, Count 11, Conspiracy to Transport affairs of the Lucchese Crime Family through a
Stolen Vehicles, Count 15, Conspiracy to Establish pattern of racketeering activity….
a Gambling [**17] Operation, Count 16, and Count 1, P 3.
Travel/Telephone Use in Aid of Racketeering. Manner and Means
Count 33.
According to the Redacted Superseding Indictment,
6. Porco in order to extend the power and influence of the
The Redacted Superseding Indictment alleges Lucchese Crime Family and to increase profits, the
Porco, who reported to Capra, was an associate of Defendants took steps to expand the geographical
the Lucchese Crime Family and a member of "a control of the Lucchese Crime Family into New
different crew than the Giampa Crew." Count 1, P Jersey. Count 1, P 5. The Redacted Superseding
2(f). Porco is charged in the Redacted Superseding Indictment alleges this was done by, among other
Indictment with violating RICO, Count 1, things, "the establishment of, and attempts to
Conspiracy to Import Narcotics, Count 5, establish, a multi-kilogram heroin and cocaine
Conspiracy to Transport Stolen Vehicles, Count 15, distribution network[,] contacts for the sale and
Conspiracy to Establish a Gambling Operation, distribution of stolen property, firearms and
Count 16, and Travel/Telephone Use in Aid of counterfeit money[,] an import-export company for
Racketeering. Counts 29, 30, 33, 35, 39. the importation of narcotics[,] and exportation of
stolen vehicles and illegal gambling operations."
7. Capra [**19] Id.

According to the Redacted Superseding Indictment, Count One alleges Defendants "did agree, together,
Capra was a "made" member of the Lucchese with each other and with other co-conspirators, that
Crime Family and "a member of a different crew members and associates of the Lucchese Crime
than the Giampa Crew." Count 1, P 2(g). Capra is Family would commit and aid, abet, counsel,

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904 F. Supp. 235, *253; 1995 U.S. Dist. LEXIS 14145, **19

command, induce, procure and willfully cause the racketeering acts, which are described in Count
commission of at least two racketeering acts," as set One, allegedly committed by Giampa, Vittorio and
forth in 18 U.S.C. § 1961(1). Id., P 160. Count One McManus in violation of 18 U.S.C. § 1962(c): (1) a
describes eight acts of racketeering committed by conspiracy to import and distribute heroin and
Defendants: (1) a conspiracy to import and cocaine, (2) the distribution of heroin, (3) a scheme
distribute narcotics, 21 U.S.C. §§ 963, 846, (2) the to steal [**21] and transport stolen property, (4) a
distribution of heroin, 21 U.S.C. § 841(a)(1), 18 scheme to establish import/export company through
U.S.C. § 2, (3) a scheme to steal and transport extortionate loan, and (5) a scheme to conceal
stolen property, 18 U.S.C. §§ 2, 659, 2314, 2315, evidence. Id., P 3
(4) a scheme to export stolen vehicles, 18 U.S.C. §
2312, (5) a scheme to establish an illegal gambling E. Count Three: Conspiracy to Distribute Narcotics
business, 18 U.S.C. § 1955, 1955(b) (1), (6) a Count Three re-alleges the allegations "contained in
conspiracy to establish import/export company Paragraphs 1 and 2 and 4 through 159 of Count 1
through extortionate loan, 18 U.S.C. §§ 892, 2, (7) … [and] incorporate[s] [those allegations] by
a scheme to deal in counterfeit money, 18 U.S.C. § reference…." Count 3, P 1. Count Three charges
473, and (8) a scheme to conceal evidence, 18 that from on or about 21 October 1992, through on
U.S.C. §§ 1512(b), 2. Id., PP 161-68. or about 11 August 1994, in the District of New
D. Count Two: Substantive RICO Jersey, and elsewhere, Vittorio, Gaito and
McManus
Count Two re-alleges the "allegations contained in
paragraphs 1, 2, 4 through 159, 161 through 163, knowingly and intentionally did combine,
166 and 168 [**20] of Count 1 … [and] conspire, and agree with each other, and with
incorporate[s] [those allegations] by reference…." others, to distribute, and to possess with intent
Count 2, P 1. to distribute, more than 5 kilograms of heroin, a
Schedule I narcotic drug controlled substance,
Count Two charges that from on or about 21 and more than [*254] 5 kilograms of cocaine,
October 1992, through on or about 11 August 1994, a Schedule II narcotic drug controlled
in the District of New Jersey, and elsewhere, substance, contrary to Title 21, United States
Giampa, Vittorio and McManus Code, Section 841(a)(1). In violation of Title
21, United States Code, Section 846.
employed by and associated with the Lucchese Count 3, P 2.
Crime Family, an enterprise which was
engaged in, and the activities of which affected, F. Count Four: Distribution of Heroin
interstate commerce, did knowingly and
wilfully conduct and participate, directly and Count Four re-alleges the allegations "contained in
indirectly, in the conduct of the affairs of the Paragraphs 1 and 2 and 4 through 159 of Count 1
Lucchese Crime Family through a pattern of … [and] [**22] incorporate[s] [those allegations]
racketeering activity, as defined in Title 18, by reference…." Count 4, P 1. Count Four charges
United States Code, Section 1961(1) and (5)…. that on or about 22 November 1993, in the District
Count 2, P 2. of New Jersey, and elsewhere, Vittorio, Gaito and
McManus "knowingly and intentionally did
Count Two alleges Giampa, Vittorio and McManus possess, with intent to distribute, one ounce of
"committed and aided and abetted, counseled, heroin, a Schedule I narcotic drug controlled
commanded, induced, procured and willfully substance" in violation of 21 U.S.C. § 841(a)(1)
caused the commission of the racketeering acts set and 18 U.S.C. § 2. Count 4, P 2.
forth below." Id., P 3. Count Two lists five

Michael Engelson
FILED: WESTCHESTER COUNTY CLERK 07/05/2023 01:40 PM INDEX NO. 60987/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/05/2023
Page 10 of 125
904 F. Supp. 235, *254; 1995 U.S. Dist. LEXIS 14145, **22

G. Count Five: Conspiracy to Import Narcotics c. knowingly transport, ship and receive in
interstate commerce a firearm which had the
Count Five re-alleges the allegations "contained in manufacturer's serial number removed,
Paragraphs 1 and 2 and 4 through 159 of Count 1 obliterated and [**24] altered, contrary to Title
… [and] incorporate[s] [those allegations] by 18, United States Code, Section 922(k);
reference…." Count 5, P 1. Count Five charges that
on or about 21 October 1992, through on or about d. to transfer unregistered firearms in violation
11 August 1994, in the District of New Jersey, and of Title 26, United States Code, Section 5841,
elsewhere, Giampa, Vittorio, McManus, Porco and namely a fully automatic RPB Industries .9mm
Capra submachine gun and silencer, contrary to Title
26, United States Code, Section 5861(e).
knowingly and intentionally did combine, Count 6, P 2.
conspire, and agree with each other, and with
others, to import more than 5 kilograms of The Redacted Superseding Indictment alleges that
heroin, a Schedule I narcotic drug controlled in furtherance of the conspiracy Vittorio, Gaito,
substance, and more than 5 kilograms of McManus and Segarra committed nineteen overt
cocaine, a Schedule II narcotic drug controlled acts, in violation of 18 U.S.C. § 371, in the District
substance, from a place outside the United of New Jersey, and elsewhere. Id. at 51. The
States, contrary to Title 21, United States Code, Redacted Superseding Indictment lists the overt
Section [**23] 952. In violation of Title 21, acts, each with a corresponding paragraph in Count
United States Code, Section 963. One that describes it: (i.e. the first overt act is
Count 5, P 2. described in Count 1, P 23, the second overt act is
described in Count 1, P 24, … the nineteenth overt
H. Count Six: Conspiracy to Deal in Firearms act is described in Count 1, P 41.) Id.
Count Six re-alleges the allegations "contained in I. Count Seven: Transfer of Machine Gun
Paragraphs 1 and 2 and 4 through 159 of Count 1
… [and] incorporate[s] [those allegations] by Count Seven re-alleges the allegations "contained
reference…." Count 6, P 1. Count Six charges that in Paragraphs 1 and 2 and 4 through 159 of Count 1
on or about 21 October 1992, through on or about … [and] incorporate[s] [*255] [those allegations]
11 August 1994, in the District of New Jersey, and by reference…." Count 7, P 1. Count Seven charges
elsewhere, Vittorio, Gaito, McManus, and Segarra that on or about 15 December 1993, in the District
knowingly and willfully did combine, conspire, of New Jersey, and [**25] elsewhere, Vittorio,
confederate and agree with each other, to: Gaito, McManus, and Segarra "knowingly and
willfully did transport in interstate commerce a
a. transport in interstate commerce a fully fully automatic RPB Industries .9mm submachine
automatic RPB Industries .9mm submachine gun. In violation of Title 18, United States Code,
gun, contrary to Title 18, United States Code, Sections 922(a)(4) and 2." Count 7, P 2.
Section 922(a)(4);
J. Counts Eight and Nine: Selling Firearms to a
b. sell and otherwise dispose of a firearm and Felon
ammunition, to a person, knowing, and having
reasonable cause to believe that such person Counts Eight and Nine re-allege the allegations
has been convicted in a court of a crime "contained in Paragraphs 1 and 2 and 4 through 159
punishable by imprisonment for a term of Count 1 … [and] incorporate[s] [those
exceeding one year, contrary to Title 18, allegations] by reference…." Counts 8-9, P 1.
United States Code, Section 922(d)(1); Counts Eight and Nine charge that on or about the

Michael Engelson
FILED: WESTCHESTER COUNTY CLERK 07/05/2023 01:40 PM INDEX NO. 60987/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/05/2023
Page 11 of 125
904 F. Supp. 235, *255; 1995 U.S. Dist. LEXIS 14145, **25

dates listed below, in the District of New Jersey, .9mm submachine gun and silencer. In violation of
and elsewhere, Vittorio, Gaito, McManus and Title 26, United States Code, Section 5861(e) and
Segarra "knowingly and willfully did sell and Title 18, United States Code, Section 2." Count 11,
otherwise dispose of a firearm and ammunition to a P 2.
person, knowing, and having reasonable cause to
believe, that such person has been convicted in a M. Count Twelve: Conspiracy to Steal and
court of a crime punishable by imprisonment for a Transport Stolen Property
term exceeding one year." Counts 8-9, P 2. Count Count Twelve re-alleges the allegations "contained
Eight alleges that on 13 December 1993, Vitrorio, in Paragraphs 1 and 2 and 4 through 159 of Count 1
Gaito and Segarra sold a Rossi .38 caliber revolver … [and] incorporate[s] [those allegations] by
and hollow tip bullets. Id. Count Nine alleges that reference…." Count 12, P 1. Count Twelve charges
on 15 December 1993, Vitrorio, Gaito, McManus that on or about 21 October 1992, through in or
and Segarra sold a RPB Industries .9mm about January 1994, in the District of New Jersey,
submachine [**26] gun, ammunition and a and elsewhere, Giampa, Vittorio, Gaito and
silencer. Id. The Redacted Superseding Indictment McManus
alleges that these sales were in violation of 18 knowingly and willfully did combine, conspire,
U.S.C. §§ 922(d)(1) and (2). Id. confederate and agree with each other, and with
K. Count Ten: Shipping Gun with Altered Serial others, to:
Number
a. embezzle, steal and unlawfully take and
Count Ten re-alleges the allegations "contained in carry away and conceal, and by fraud and
Paragraphs 1 and 2 and 4 through 159 of Count 1 deception did obtain, from a storage facility,
… [and] incorporate[s] [those allegations] by with intent to convert to his own use, goods and
reference…." Count 10, P 1. Count Ten charges chattels moving as, and which were a part of
that on or about 13 December 1993, in the District and which constituted, an interstate shipment of
of New Jersey, and elsewhere, Vittorio, Gaito and freight, express and property, contrary
McManus "did knowingly and willfully transport, to [**28] Title 18, United States Code, Section
ship and receive in interstate commerce a firearm, 659.
namely a Rossi .38 caliber revolver, which had the
b. transport, transmit and transfer in interstate
manufacturer's serial number removed, obliterated
commerce goods, wares and merchandise
and altered

Case Info

Judge

Janet C Malone Track Judge’s New Case

Case No.

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Document Filed Date

July 05, 2023

Case Filing Date

May 09, 2023

County

Parties

CALANDRIELLO, AMEDEO Attorney for the Plaintiff
Carol Rodopoulos Defendant
Construction Directions LLC d/b/a Construction Directions Group Plaintiff
Eastern Concrete d/b/a US Concrete Defendant
Eastgate Agency Assoc., LLC. Defendant
Elliott Porco Plaintiff
ENGELSON, MICHAEL JOSEPH Attorney for the Defendant
Herc Rentals Defendant
John Rodopoulos Defendant
KRONBERG, HOWARD S Attorney for the Defendant
Michael Villano Defendant
Ovation Risk Planners, INC. Defendant
Scottish American Insurance Agency, INC. Defendant
SPIZZIRRO, LOUIS M. Attorney for the Plaintiff
Steve Georgalos Defendant
Upside Construction, LLC. Defendant
Upside New York Defendant
VOSHTINA, BELINO Attorney for the Defendant
THOMAS ASH Attorney
JOHN GIAMPA Attorney
JAMES PATTON Attorney
JAMES MCMANUS Attorney
GEORGE SANTANGELO Attorney
BENJAMIN SHARAV Attorney
BRUCE CUTLER Attorney

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