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U.S. v. IMBRIECO

January 13, 2003

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOHN IMBRIECO, ET AL., DEFENDANTS.



The opinion of the court was delivered by: I. Leo Glasser, United States District Judge.

MEMORANDUM AND ORDER

The defendant has moved this Court for an order that would:

(1) Sever counts and the defendant from the indictment:

(2) Preclude the government from introducing evidence pursuant to Rule 404(b) Fed. R. Ev.:
(3) Preclude the government from introducing tape recorded conversations which, he argues, runs afoul of the hearsay rule, and
(4) For such other relief the Court may deem to be just and proper.
Background

Imbrieco was indicted along with Angelo Cerasulo, Mario Fortunato and Carmine Polito. Cerasulo has since pleaded guilty. The indictment alleges that the defendants were associates of the Genovese Organized Crime Family, which is characterized as an "Enterprise" within the meaning of 18 U.S.C. § 1961 (4).*fn1

Count One of the indictment charges the defendants with conspiring to violate the RICO statute, 18 U.S.C. § 1962 (c).

Count Two charges Cerasulo, Fortunato and others with violating the RICO statute, 18 U.S.C. § 1962 (c) and, (1) the predicate act of conspiring to murder Sabatino Lombardi and Michael Durso (Racketeering Act One); (2) knowingly and intentionally murdering Lombardi (Racketeering Act Two); (3) knowingly and intentionally attempting to murder Michael Durso (Racketeering Act Three); (4) charging Cerasulo and others with obstruction of justice by endeavoring to influence the testimony before the grand jury of John Doe 1 (Racketeering Act Four); (5) charging Fortunato and others with obstruction of justice by endeavoring to influence the grand jury testimony of John Doe 2 (Racketeering Act Five): (6) charging Fortunato and others with conspiracy to rob a bank and robbing a bank (Racketeering Act Six).

Count Three charges all the defendants with murdering Lombardi in aid of racketeering in violation of 18 U.S.C. § 1959 (a)(1) and (2).

Count Four charges all the defendants with conspiracy to make false statements to the F.B.I. and corruptly endeavoring to obstruct justice in violation of 18 U.S.C. § 1001 (a)(2) and 1503.

Count Five charges all the defendants with making false statements on October 19, 2001, to the F.B.I. in violation of 18 U.S.C. § 2 and 1001(a)(2).

Count Six charges all the defendants with making false statements on January 15, 2002, to the F.B.I. in violation of 18 U.S.C. § 2 and 1001(a)(2).

Count Seven charges all the defendants with corruptly endeavoring to influence the testimony of John Doe 1 before the grand jury in violation of 18 U.S.C. § 2, 1503(a), 1503(b)(3).

Count Eight charges all the defendants with corruptly endeavoring to influence the testimony of John Doe 2 before the grand jury in violation of 18 U.S.C. § 2, 1503(a), 1503(b)(3).

The indictment, as outlined above, thus reveals that except for Count Two and the predicate acts alleged, ...


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