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67-540: The Senate legislation was passed by the 87th United States Congress and enacted into law by the 35th President of the United States John F. Kennedy on June 29, 1961. The International Travel and Tourism Act has been amended seven times since 1961. Subsection (a) of the statute sets forth the elements of an offense under the Travel Act. The acts prohibited are interstate or foreign travel, or use of

134-428: A legislature , parliament , or analogous governing body . Before an item of legislation becomes law it may be known as a bill , and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with

201-853: A RICO indictment." John Gotti and Frank Locascio were convicted on April 2, 1992, under the RICO Act and later sentenced to life in prison. After the 1998 simultaneous bombings of the US Embassies in Tanzania and Kenya, the US Department of Justice sued Osama bin Laden in absentia under the RICO statute. A 2004 documentary by BBC filmmaker Adam Curtis called The Power of Nightmares argued controversially that in order to prosecute bin Laden in absentia, U.S. prosecutors had to prove that he

268-466: A carefully worded plea, Drexel said it was "not in a position to dispute the allegations" made by the Government. If Drexel had been indicted under RICO statutes, it would have had to post a performance bond of up to $ 1 billion to avoid having its assets frozen. That would have taken precedence over all of the firm's other obligations, including the loans that provided 96 percent of its capital base. If

335-570: A civil RICO case naming 30 defendants who were also implicated in the Iran-Contra scandal that they were also part of a conspiracy behind the La Penca bombing . The suit, titled Avirgan v Hull named several Central Intelligence Agency figures and accused them of participating in illegal political assassinations, as well as arms and drug trafficking. The suit was eventually dismissed in 1989, and lead attorney Daniel Sheehan alleged members of

402-474: A counterfeiting and laundering operation. The FBI began to investigate the group using RICO following the assassination of Jewish radio host Alan Berg on June 18, 1984, and the arrest of member Tom Martinez, for using counterfeit bills to buy liquor. Martinez informed on The Order and RICO was used by the FBI to bring 10 members of The Order to trial and achieved conviction of racketeering and conspiracy charges. Over

469-731: A famous cutting horse . Cauble was convicted in January 1982 on ten counts: two counts of violating the Racketeer Influenced and Corrupt Organizations Act statute (RICO), conspiracy to violate RICO, three violations of the Interstate Commerce Travel Act , and four counts of misapplication of bank funds. He was sentenced to ten concurrent terms of five years. He completed his prison term, was released in September 1987, and died in 2003. Three books about

536-535: A later deputy chief of the criminal division for the Southern District of New York and later managing director in the legal department at Goldman Sachs . Time magazine called the "Case of Cases" possibly "the most significant assault on the infrastructure of organized crime since the high command of the Chicago Mafia was swept away in 1943" and quoted Giuliani's stated intention: "Our approach

603-431: A list of 35 crimes (27 federal crimes and eight state crimes ) within a 10-year period can be charged with racketeering if such acts are related in one of four specified ways to an "enterprise." Those found guilty of racketeering can be fined up to $ 25,000 and sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through

670-508: A non-legislative act by an executive or administrative body under the authority of a legislative act. Legislation to design or amend a bill requires identifying a concrete issue in a comprehensive way. When engaging in legislation, drafters and policy-makers must take into consideration the best possible avenues to address problem areas. Possible solutions within bill provisions might involve implementing sanctions , targeting indirect behaviors, authorizing agency action, etc. Legislation

737-420: A pattern are called "predicate" offenses. Predicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events." Continuity is both a closed and open ended concept, referring to either a closed period of conduct, or to past conduct that by its nature projects into

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804-411: A pattern of "racketeering activity." A US Attorney who indicts someone under RICO has the option of seeking a pre-trial restraining order or an injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property as well as to require the defendant to put up a performance bond . An injunction or performance bond ensures that there is something to seize in

871-405: A society organized for political action, the will of the people as a whole is the only right standard of political action. It can be regarded as an important element in the system of checks and balances and representative democracy. Therefore, the people are implicitly entitled even to directly participate in the process of law-making. This role of linking citizens and their government and legislators

938-628: A welding supply company, and oil and gas holdings. The company's worth was estimated at $ 80 million. However, the government sold their interest back to the other partners (Cauble's wife and son) for an estimated $ 12 million. In 1979, the United States Federal Government went after Sonny Barger and several members and associates of the Oakland chapter of the Hells Angels using RICO. In United States vs. Barger ,

1005-513: Is closely related to the concept of legitimacy. The exercise of democratic control over the legislative system and the policy-making process can occur even when the public has only an elementary understanding of the national legislative institution and its membership. Civic education is a vital strategy for strengthening public participation and confidence in the legislative process. The term " dead letter " refers to legislation that has not been revoked, but that has become inapplicable or obsolete, or

1072-572: Is codified at 18 U.S.C. ch. 96 as 18 U.S.C.   §§ 1961 – 1968 . This article primarily covers the federal criminal statute, but since 1972, 33 U.S. states and territories have adopted state RICO laws, which although similar, cover additional state crimes and may differ from the federal law and each other in several respects. G. Robert Blakey , an adviser to the United States Senate Government Operations Committee , drafted

1139-692: Is no Federal statute which directly addresses this issue. However, travel or use of the mails in furtherance of violations of state commercial bribery laws can be prosecuted by the United States Department of Justice in Federal court . The definition of "unlawful activities" also includes certain specific violations of federal law, including money laundering offenses under the Money Laundering Control Act and violations of certain financial reporting requirements of

1206-600: Is no longer enforced. In more simpler terms, it means that the legislation is gone. There are several types of dead letter laws. Some laws become obsolete because they are so hateful to their community that no one wishes them to be enforced (e.g., slavery ). Similarly, some laws are unenforced because a majority wishes to circumvent them, even if they believe in the moral principle behind the law (e.g., prohibition ). Finally, some laws are unenforced because no mechanism or resources were provided to enforce them. Such laws often become selectively enforced or tacked onto other crimes in

1273-404: Is regarded as one of the three main functions of government, which are often distinguished under the doctrine of the separation of powers . Those who have the formal power to create legislation are known as legislators ; a judicial branch of government will have the formal power to interpret legislation (see statutory interpretation ); the executive branch of government can act only within

1340-403: Is sometimes used to include these situations, or the term primary legislation may be used to exclude these other forms. All modern constitutions and fundamental laws contain and declare the concept and principle of popular sovereignty, which essentially means that the people are the ultimate source of public power or government authority. The concept of popular sovereignty holds simply that in

1407-469: Is the head of a criminal organization responsible for the bombings. They find a former associate of bin Laden, Jamal al-Fadl, and pay him to testify that bin Laden is the head of a massive terrorist organization called " al-Qaeda ," which satisfied the requirements of the RICO statute, but that in actuality, a formal terrorist organization named "Al Qaeda" did not exist. In 1999 the Rampart scandal broke in

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1474-482: Is to wipe out the five families." Three heads of the Five Families were sentenced to 100 years in prison on January 13, 1987. The Genovese and Colombo leaders, Tony Salerno and Carmine Persico received additional sentences in separate trials, with 70-year and 39-year sentences to run consecutively. The Gambino crime family boss Paul Castellano and his underboss , Thomas Bilotti , were murdered on

1541-427: Is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage . Most large legislatures enact only a small fraction of the bills proposed in a given session . Whether a given bill will be proposed is generally a matter of the legislative priorities of the government. Legislation

1608-625: The Bank Secrecy Act , as amended by the USA PATRIOT ACT . The U.S. Department of Justice has used the Travel Act as a complementary statute in the prosecution of some corruption cases under the Foreign Corrupt Practices Act (FCPA), and the Federal courts have interpreted the Travel Act rather broadly. For example, in the case against businessman Frederic Bourke , Judge Shira Scheindlin instructed

1675-536: The Racketeer Influenced and Corrupt Organizations Act , since it is mentioned in the definition of "racketeering activity" in 18 U.S.C.   § 1961 . International Travel Act of 1961 amendments for American tourism and international trade with the United States. Legislation Legislation is the process or result of enrolling , enacting , or promulgating laws by

1742-756: The US Department of Justice 's Operation Family Secrets indicted 14 Chicago Outfit (also known as the Outfit, the Chicago Mafia, the Chicago Mob, or the Organization) members and associates under RICO predicates. Five defendants were convicted of RICO violations and other crimes. Six pleaded guilty, two died before trial, and one was too sick to be tried. In 2005, a federal jury ordered Fasano to pay $ 500,000 under RICO for illegally helping

1809-513: The Deputy Chief's office at City Hall. The Order was an American far-right terrorist group active from September 1983 to December 1984. Their intention was to precipitate the collapse of the federal Government or Zionist Occupation Government (ZOG) which they perceived as illegitimate. Their intention was to do so via a campaign of bombings and assassinations. However, in order to fund their actions they turned to armoured car robbery and

1876-635: The Federal excise tax has not been paid, controlled substance offenses, prostitution offenses, extortion , bribery , or arson which violate either Federal law or the laws of the state in which they are committed. The inclusion of state-level crime in the Act is important because it effectively federalizes certain state laws which may not have analogous provisions at the Federal level. For example, some states have laws prohibiting commercial bribery (bribery which does not involve government officials), but there

1943-620: The Iran-Contra enterprise were behind the assassination of judge Robert Vance who was expected to reverse the dismissal. G. Robert Blakey stated it was the best-charged RICO case he had seen, and the litigation spawned a national fundraising effort. In 1990, Bruce Springsteen and Bonnie Raitt held a benefit concert to support the litigation. A 500-page affadaivit filed in December 1986 was also published as "The Shadow Government." On March 29, 1989, American financier Michael Milken

2010-575: The Los Angeles Police Department exposing widespread criminal activity within the department's anti-gang unit called CRASH. 70 officers were initially implicated in planting evidence, dealing drugs, bank robbery, and unlawful killings and beatings. In 2000, Federal District judge William Rea ruled the RICO statute could be used to name the entire LAPD as a criminal enterprise for individuals suing it over police brutality and misconduct. Over 140 civil RICO lawsuits were filed against

2077-527: The Mob . He once told Time , "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League diplomas." On December 1, 1977, the federal grand jury in the Eastern District of Louisiana indicted thirteen defendants, Robert J. L'Hoste & Company, Inc. for conspiracy and racketeering activity. After

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2144-495: The RICO Act against MLB commissioner Bud Selig and former Expos owner Jeffrey Loria , claiming that Selig and Loria deliberately conspired to devalue the team for personal benefit in preparation for a move. If found liable, Major League Baseball could have been responsible for up to $ 300 million in punitive damages . The case lasted two years, successfully stalling the Expos' move to Washington or contraction during that time. It

2211-478: The RICO Act, Giuliani charged the heads of New York's so-called " Five Families " with extortion , labor racketeering, and murder for hire . Three Assistant United States Attorneys assisted in the trial: Michael Chertoff , the eventual second United States Secretary of Homeland Security and co-author of the Patriot Act ; John Savarese, later a partner at Wachtell Lipton Rosen & Katz ; and Gil Childers,

2278-900: The Southern District of New York employed the RICO Act on September 18, 1979, in United States v. Scotto . Scotto, who was convicted on charges of racketeering, accepting unlawful labor payments, and income tax evasion, headed the International Longshoremen's Association . During the 1980s and the 1990s, federal prosecutors used the law to bring charges against several Mafia figures. In 1985, United States Attorney Rudy Giuliani (who would be indicted under Georgia RICO laws in August 2023 ) indicted 11 organized crime figures in United States v. Anthony Salerno, et al , also known as Mafia Commission Trial . Using

2345-458: The Travel Act to commercial bribery overseas in cases where state law prohibited such activities. One example of this was the case against Control Components, Inc. (CCI), a California corporation, which stood accused of violating both the FCPA and the Travel Act by bribing government officials and employees of private companies. California Penal Code Section 641.3 prohibits commercial bribery. When

2412-678: The US Attorney's office for the Eastern District of Arkansas used the RICO Act on October 2, 1978, to indict officers of Local 1292 of the Laborers International Union of North America. Special Assistant United States Attorney, Samuel A. Perroni, prosecuted the first labor union official trial that began on June 5, 1979. Perroni's successful prosecution used RICO to convict the defendants of conspiracy, murder for hire, perjury and embezzlement of union property in United States v. Allison, et al. The US Attorney's Office in

2479-454: The bond ever had to be paid, its shareholders would have been practically wiped out. Since banks will not extend credit to a firm indicted under RICO, an indictment would have likely put Drexel out of business. By at least one estimate, a RICO indictment would have destroyed the firm within a month. Years later, Drexel President and CEO Fred Joseph said that Drexel had no choice but to plead guilty because "a financial institution cannot survive

2546-574: The company's lawyers challenged the extraterritorial application of the Travel Act, U.S. District Judge James V. Selna held that all elements of the Travel Act violation had been completed within California and that the offense "was complete the moment Defendants used a channel of foreign commerce allegedly to offer a 'corrupt payment' to an employee and thereafter effectuated a payment to that employee." At least one commentator has noted that Travel Act violations could be used as predicate acts under

2613-399: The conspiracy and racketeering counts. In May 1979, prosecutor Mark L. Webb, Northern District of California, conducted RICO trial, United States v. Sam Bailey Gang . The successful prosecution used the RICO statute to allege that a gang of postal burglars and a Nevada fence collaborated criminally in an organized crime fashion. The case did not involve a Mafia crime family. Subsequently,

2680-474: The course of The Order's activities they had distributed millions of dollars to the wider far-right movement and Operation Clean Sweep used RICO to bring 14 leading members of the far-right to trial on charges of seditious conspiracy at Fort Smith , alleging their receipt of The Order's funds as connection to their attempt to overthrow the federal government. In 1986, the Christic Institute filed

2747-467: The death penalty for the murder of Bonanno caporegime Gerlando Sciascia , that case severed to be tried separately), arson, extortion, loansharking, illegal gambling, and money laundering. After deliberating for five days, the jury found Massino guilty of all 11 counts on July 30, 2004. His sentencing was initially scheduled for October 12, and he was expected to receive a sentence of life imprisonment with no possibility of parole. The jury also approved

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2814-413: The defendant(s) and the enterprise. Either the defendant(s): The US Supreme Court noted that a commentator had used the terms "prize", "instrument", "victim", or "perpetrator" for these four relationships. RICO also permits a private individual "damaged in his business or property" by a "racketeer" to file a civil suit . The plaintiff must prove the existence of an "enterprise." The defendant(s) are not

2881-430: The defendants moved to dismiss the indictment for overbreadth and vagueness, the grand jury returned a superseding indictment on February 27, 1978, charging the same offenses and naming eleven defendants, including the appellants. The district court denied a motion to dismiss the superseding indictment, and the first RICO trial commenced on March 13, 1978. The jury convicted the four appellants and another corporation on both

2948-542: The department. In July 2001, US District Judge Gary A. Feess said that the plaintiffs did not have standing to sue the LAPD under RICO, because they were alleging personal injuries rather than economic or property damage. In 2001, Major League Baseball team owners voted to eliminate two teams , presumably the Minnesota Twins and Montreal Expos . In 2002, the former minority owners of the Expos filed charges under

3015-405: The effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity. The US Supreme Court has instructed federal courts to follow the continuity-plus-relationship test in order to determine whether the facts of a specific case give rise to an established pattern. The illegal acts forming

3082-425: The enterprise; in other words, the defendant(s) and the enterprise are not one and the same. A civil RICO action can be filed in state or federal court . Both the criminal and the civil components allow the recovery of treble damages (triple the amount of actual/compensatory damages). Although its primary intent was to deal with organized crime , Blakey said that Congress never intended it merely to apply to

3149-555: The event of a guilty verdict. This provision prevented the owners of Mafia -related shell corporations from absconding with assets. In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney . Despite its harsh provisions, a RICO-related charge is considered easy to prove in court because it focuses on patterns of behavior as opposed to criminal acts. There must be one of four specified relationships between

3216-664: The future with a threat of repetition. The Lucchese crime family was one of the " Five Families " that dominated organized crime activities in New York City. Prosecuting attorneys Gregory O'Connell and Charles Rose used RICO charges to break up the family over an 18-month period. Several members of the Latin Kings have been convicted of RICO offenses. RICO was instrumental in indicting members of The Cowboy Mafia from Texas, Tennessee and Florida. During 1977 and 1978, this group imported over 106 tons of marijuana. Using

3283-693: The group were published: The Cowboy Mafia (2003) by Cauble's personal jet pilot Roy Graham; Catching the Katy (2017) by Barker Milford; and A Conspiracy Revealed by DEA agent Daniel Wedeman Sr. As a result of the RICO conviction, Cauble forfeited his 31% interest in Cauble Enterprises, including two Cutter Bill Western World stores, three Texas banks (Western State Bank in Denton, Dallas International Bank and South Main Bank of Houston), six ranches,

3350-576: The judicial process. Racketeer Influenced and Corrupt Organizations Act The Racketeer Influenced and Corrupt Organizations ( RICO ) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization . RICO was enacted by Title IX of the Organized Crime Control Act of 1970 ( Pub. L.   91–452 , 84  Stat.   922 , enacted October 15, 1970 ), and

3417-519: The jury that a "facility in interstate or foreign commerce" could include anything that crosses state or national borders, including telecommunications, and that conviction under the Travel Act requires proof that the defendant used a facility of commerce "for the purpose of facilitating the unlawful activity" but that the underlying offense (in Bourke's case, bribery of a foreign official) need not have been actually completed. Likewise, courts have applied

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3484-487: The law under the close supervision of the committee's chairman, Senator John L. McClellan . It was signed into law by US President Richard Nixon . Prosecutors in the 1970s used it to prosecute the Mafia as well as others who were actively engaged in organized crime. In later years, prosecutors have applied the law more broadly. Under RICO, a person who has committed "at least two acts of racketeering activity" drawn from

3551-468: The mails or "any facility in interstate or foreign commerce", for the purpose of distributing the proceeds of an unlawful activity, committing a crime of violence in furtherance of an unlawful activity, or to "promote, manage, establish, carry on" an unlawful activity. The offense is completed when a person engages in travel or use of the mails with the intent of committing any of the aforementioned acts, and then goes on to commit or attempt to commit one of

3618-476: The powers and limits set by the law, which is the instrument by which the fundamental powers of government are established. The function and procedures are primarily the responsibility of the legislature. However, there are situations where legislation is made by other bodies or means, such as when constitutional law or secondary legislation is enacted. Such other forms of law-making include referendums , orders in council or regulations . The term legislation

3685-406: The prohibited acts. This has the effect of making the act of traveling (or using the mail) in furtherance of certain types of crime a separate indictable offense from the underlying crime(s) the person is committing. Subsection (b) of the statute defines "unlawful activity" for the purposes of the Travel Act. The activities specified in this subsection include illegal gambling , liquor on which

3752-525: The prosecution team attempted to demonstrate a pattern of behavior to convict Barger and other members of the club of RICO offenses related to guns and illegal drugs. The jury acquitted Barger on the RICO charges with a hung jury on the predicate acts: "There was no proof it was part of club policy, and as much as they tried, the government could not come up with any incriminating minutes from any of our meetings mentioning drugs and guns." In 1980, Louisiana Commissioner of Agriculture and Forestry Gil Dozier

3819-462: The prosecutors' recommended $ 10 million forfeiture of the proceeds of his reign as Bonanno boss on the day of the verdict. Immediately after his July 30 conviction, as court was adjourned, Massino requested a meeting with Judge Garaufis, where he made his first offer to cooperate. He did so in hopes of sparing his life; he was facing the death penalty if found guilty of Sciascia's murder. Indeed, one of John Ashcroft 's final acts as Attorney General

3886-480: The rest of his life in prison and ended up serving 22 months in prison. Milken was also ordered banned for life from the securities industry. On September 7, 1988, Milken's employer, Drexel Burnham Lambert , was threatened with RICO charges under respondeat superior , the legal doctrine that corporations are responsible for their employees' crimes. Drexel avoided RICO charges by entering an Alford plea to lesser felonies of stock parking and stock manipulation . In

3953-576: The shrimp boats Agnes Pauline , Monkey , Jubilee , and Bayou Blues , the group made six trips from Colombia to Texas. The group was arrested in 1978 after the federal government seized the Agnes Pauline when they were unloading their cargo in Port Arthur, Texas . In 1979, twenty-six members of the smuggling ring were convicted. Charles "Muscles" Foster, a ranch foreman and the head of the operation, pleaded innocent by reason of insanity and

4020-564: The streets of Midtown Manhattan on December 16, 1985. As of 2014, 33 states as well as Puerto Rico and the United States Virgin Islands had adopted state RICO laws to cover state offenses under a similar scheme. Under the law, the meaning of racketeering activity is set out at 18 U.S.C.   § 1961 . As currently amended it includes: Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after

4087-507: Was acquitted in 1980. In August 1981, Rex Cauble was indicted by a grand jury, as the government believed he was the financial backer of the smugglers. Foster was the foreman for his ranches, and the drugs were transported to Cauble's ranches throughout Texas. Cauble was a multi-millionaire, the former chairman of the Texas Aeronautics Commission, and an honorary Texas Ranger . He was also the owner of Cutter Bill ,

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4154-488: Was charged with violating both Hobbs and RICO laws. The Baton Rouge -based United States District Court for the Middle District of Louisiana accused Dozier of compelling companies doing business with his department to make campaign contributions on his behalf. On September 23, 1980, a jury convicted Dozier of five counts of extortion and racketeering . The judge sentenced Dozier to 10 years imprisonment which

4221-410: Was declared a criminal enterprise under the federal RICO statutes after a lengthy United States Department of Justice investigation. Several high-ranking officers of the department, including Deputy Police Chief Raymond Cassamayor, were arrested on federal charges of running a protection racket for illegal cocaine smugglers. At trial , a witness testified he routinely delivered bags of cocaine to

4288-430: Was eventually sent to arbitration , where the arbiters ruled in favor of Major League Baseball, permitting the move to Washington to take place. Bonanno crime family boss Joseph Massino 's trial began on May 24, 2004, with judge Nicholas Garaufis presiding and Greg D. Andres and Robert Henoch heading the prosecution. Massino faced 11 RICO counts for seven murders (due to the prospect of prosecutors seeking

4355-472: Was indicted on 98 counts of racketeering and fraud relating to an investigation into an allegation of insider trading and other offenses. Milken was accused of using a wide-ranging network of contacts to manipulate stock and bond prices. It was one of the first occasions that a RICO indictment was brought against an individual with no ties to organized crime. Milken pleaded guilty to six lesser felonies of securities fraud and tax evasion, rather than risk spending

4422-698: Was later upgraded to 18 years when other offenses were determined. A $ 25,000 fine was suspended pending appeal, and Dozier remained free on bail . The United States Court of Appeals for the Fifth Circuit in New Orleans upheld Dozier's conviction. He eventually served nearly four years until a presidential commutation freed him in 1986. Around June 1984, the Key West Police Department located in Monroe County , Florida,

4489-567: Was to order federal prosecutors to seek the death penalty for Massino. Massino thus stood to be the first Mafia boss to be executed for his crimes, and the first mob boss to face the death penalty since Lepke Buchalter was executed in 1944. Massino was the first sitting boss of a New York crime family to turn state's evidence, and the second in the history of the American Mafia to do so ( Philadelphia crime family boss Ralph Natale had flipped in 1999 when facing drug charges). In 2005,

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