Geoffrey S. Berman, the United States Attorney for the
Southern District of New York, announced that FRANK GIOVINCO was convicted
yesterday of conspiring to commit extortion and racketeering offenses with
members and associates of the Genovese Crime Family of La Cosa Nostra following
a six-day jury trial before U.S. District Judge Jed S. Rakoff. The jury found the defendant responsible for
acts involving extortion, honest services fraud, and unlawful kickback payments
related to the Genovese Crime Family’s control of two local chapters of a labor
union.
U.S. Attorney Geoffrey S. Berman said: “For years, Frank Giovinco, as a member of
the Genovese Crime Family, instilled fear in victims and propagated kickback
schemes to tighten the Family’s stranglehold over two labor unions. Now, a jury has held Giovinco accountable for
his crimes.”
According to the Indictment, documents previously filed in
the case, and evidence introduced at trial:
La Cosa Nostra, also known as the “Mob” or the “Mafia,”
operates through entities known as “Families.”
The largest of the families operating in the New York City area is the
Genovese Crime Family. In the early
1990s, GIOVINCO was inserted by the Genovese Crime Family into a scheme to
control the waste carting industry in New York City, and as far back as the
late-1990s, GIOVINCO was a member of the Genovese Crime Family.
In more recent years, and continuing until 2017, GIOVINCO
conspired with other members and associates of the Genovese Crime Family to
commit a wide range of crimes to enrich themselves and the Genovese Crime
Family, including multiple acts of extortion, honest services fraud, and
bribery. GIOVINCO’s activity for the
Genovese Crime Family was centered on two local chapters (the “Unions”) of a
labor union. GIOVINCO participated in a
host of schemes designed to manipulate and siphon money from the Unions for the
benefit of the Genovese Crime Family.
Among other things, GIOVINCO extorted a financial adviser (the
“Adviser”) and a labor union official (“Official-1”) for a cut of commissions
made from union investments. Audio
recordings captured GIOVINCO planning to “rattle the cage” of a victim, and to
have another victim’s “feet held to the fire.”
When Official-1 failed to pay the commissions demanded by GIOVINCO and
other members of the Genovese Crime Family, Official-1’s life was threatened by
GIOVINCO and his co-conspirators.
GIOVINCO further plotted to profit from union investments by paying
kickbacks to Official-1 and others, in exchange for a cut of future
commissions. GIOVINCO also participated
in the long-running extortion of a union president (“Official-2”) for annual
tribute payments of more than $10,000, and sought a job at the union for the
purpose of exerting control over Official-1 on the Genovese Crime Family’s
behalf, and threatening to replace Official-1.
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GIOVINCO, 52, of Syosset, New York, was convicted of one
count of racketeering conspiracy, which carries a maximum potential sentence of
20 years in prison, and one count of conspiracy to commit extortion, which also
carries a maximum potential sentence of 20 years in prison. The maximum potential sentences are
prescribed by Congress and are provided here for informational purposes only,
as the sentencing of the defendant will be determined by the judge. Sentencing before Judge Rakoff is scheduled
for March 11, 2020.
Mr. Berman praised the outstanding investigative work of the
FBI, the U.S. Department of Labor’s Office of Inspector General and Office of
Labor-Management Standards, the New York City Police Department, and the
Special Agents of the United States Attorney’s Office for the Southern District
of New York.
The case is being prosecuted by the Office’s Violent and
Organized Crime Unit. Assistant U.S.
Attorneys Kimberly J. Ravener, Jason A. Richman, and Justin V. Rodriguez are in
charge of the prosecution, assisted by Paralegal Specialist Hannah Harney.
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