Wednesday, April 18, 2012
Department of Justice Office of Inspector General Special Report 2005
The Federal Bureau of Investigation's Compliance
with the Attorney General's Investigative Guidelines
(Redacted)
Special Report
September 2005
Office of the Inspector General
Chapter
Three: The Attorney General's Guidelines
Regarding the Use of Confidential Informants
Regarding the Use of Confidential Informants
The case of informant Gregory Scarpa, Sr. is an example of how an
informant's unauthorized illegal activity can compromise criminal prosecutions.
As described in the following case study, the FBI's informant relationship with
Scarpa, a "capo" of a New
York
Confidential Informant Case Study
2
FBI Informant Gregory Scarpa, Sr. and his FBI Handler,
R. Lindley DeVecchio
FBI Informant Gregory Scarpa, Sr. and his FBI Handler,
R. Lindley DeVecchio
Gregory Scarpa, Sr., who was involved in organized crime for most of his life, served as an FBI confidential informant at various times from 1980 until the early 1990s. His relationship with the FBI and, in particular, with his sole handler, R. Lindley DeVecchio, factored in a number of major prosecutions against
Victor Orena and Pasquale Amato. In two separate federal trials in 1992 and 1993, juries found Victor J. Orena, the "acting boss" of the Colombo Family, and Pasquale Amato guilty of racketeering, conspiracy, and firearms charges. The events leading to the convictions of Orena and Amato stemmed from the "Colombo Wars," a power struggle between two
Years after their convictions and following exhaustion of all appeals, Orena and Amato filed motions for dismissal of their indictments or for new trials alleging a violation of the government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963). Their motions were based upon DeVecchio's "questionable ethics and judgments" as revealed in proceedings in another case. After learning that Scarpa was a long-time FBI informant, Orena and Amato contended that it was not they, but DeVecchio, who conspired with Scarpa to instigate the Mafia war and caused the killing of their partner and loan shark, Thomas Ocera, one of the murders for which Orena and Amato were convicted.
The trial court denied the post-trial motions. Orena v.
As a "top echelon" informant, Scarpa initially provided the FBI with information pertaining to organizational activity and personnel movements within the Colombo Family. After the Colombo Wars commenced in late 1991, he provided detailed reports of perpetrators and strategic planning of the opposing factions.
The court found that DeVecchio reciprocated by passing along unauthorized information to Scarpa. For example, evidence was presented indicating that DeVecchio warned Scarpa of his pending arrest on federal credit card fraud charges and may have intervened with the sentencing judge to request lenient treatment. There also was suspicion that in 1987 DeVecchio leaked to Scarpa information that the Wimpy Boys Social Club, a favorite Colombo gathering place, was subject to court-ordered electronic surveillance; that he tipped off Scarpa to the planned DEA arrest of his son, Gregory Scarpa Jr., and others in connection with the criminal activity at the social club; and that, as a result of the warning, Gregory Scarpa, Jr. became a fugitive. With respect to the Confidential Informant Guidelines, the court also found that:
·
On March 3, 1992, Scarpa was closed as an
informant after the ASAC of the Criminal Division of the New York FBI Division,
Donald North, "found credible allegations that Scarpa was involved in
planning violent criminal activity." In informal conversations with North,
DeVecchio was allegedly "adamant" that Scarpa was not involved in
violent activity. In early April 1992, DeVecchio initiated the process of
having Scarpa re-opened, and the FBI granted authority to re-open Scarpa on
April 8, 1992, pending completion of a suitability inquiry. On April 22, 1992,
DeVecchio notified FBI Headquarters that such an inquiry had been conducted and
that Scarpa was deemed suitable.
·
During the summer of 1992, Special Agent Christopher Favo, who was
working with DeVecchio during the investigation, became strongly suspicious of
DeVecchio. Believing that DeVecchio was engaged in misconduct and fearing that
he might disrupt current investigations, Favo began to withhold information
from DeVecchio pertaining to Scarpa. Other subordinates of DeVecchio's
suspected that Scarpa was a murderer, but none of them reported their
suspicions about Scarpa or DeVecchio to superiors or to the United States
Attorney despite the fact that the Informant Guidelines required agents to
report any knowledge of an informant committing violent crimes.
·
Scarpa was arrested by the New York City Police in August 1992 on
a firearms charge. Shortly thereafter, a federal indictment charging Scarpa
with the commission of the three murders, among other crimes, was handed down.
Scarpa was released on bail under strict house confinement as one of the
conditions of release because of failing health. In late December 1992, his
bail was revoked because of his involvement in a shooting. Scarpa was sentenced
to ten years in prison in December 1993 after pleading guilty to two counts of
murder.
·
In January 1994, Favo and other agents approached ASAC North to
report their concerns about DeVecchio's relationship with Scarpa. Consistent with
FBI policy, North immediately submitted a report to the FBI's Office of
Professional Responsibility (OPR). OPR determined that DeVecchio was
appropriately a subject of investigation. In September 1996, the Public
Integrity Section determined that prosecution of DeVecchio was not warranted,
and the OPR investigation was closed. DeVecchio retired from the FBI in October
1996. Scarpa died in a federal prison in June 1994.
In its ruling on Orena's and Amato's motions for dismissal of their indictments or new trials, the district court held that (1) the defendants either knew or should have known that a member of the organized crime family to which they belonged had acted as an informant, so the government's failure to disclose that fact did not warrant a new trial; (2) evidence that a government agent had leaked information to an informant and that a second government agent had concerns regarding the relationship between the first agent and the informant was not material to the Government's charges, so the Government's failure to disclose did not warrant relief under Brady; and (3) newly discovered evidence did not warrant a new trial.
On the issue of leaking information to an informant and the relationship between DeVecchio and Scarpa, the district court observed that while the CI Guidelines provide guidance on "sanctioning criminal conduct on the part of informants where necessary 'to establish and maintain credibility or cover with persons associated with criminal activity under investigation,'" the "line between the value of an informer and the unreasonable risks of encouraging serious criminal activity requires judgment of senior supervisors with sound ethical compasses; people in the field are often not in a position to provide the necessary direction." Orena v.
Victor Orena, Jr., John Orena, Thomas Petrizzo, et al. In June 1995, a jury acquitted seven reputed associates of the Orena wing of the
Anthony Russo, Joseph Russo and Joseph Monteleone. Scarpa's relationship with the FBI generated post-trial motions in another case following the conviction of LCN defendants on murder and conspiracy to murder charges. In that case, in March 1997, the trial judge granted a motion for a new trial to Anthony Russo, Joseph Russo, and Joseph Monteleone, finding that the Government had improperly failed to disclose evidence bearing on Scarpa's credibility. The Court of Appeals reversed that portion of the district court's order that granted a new trial, rejecting the trial court's conclusion that evidence that Scarpa lied to the FBI about his involvement in certain other murders gave rise to an inference that he lied to his co-conspirators about the murders in question.
Thursday, April 5, 2012
Cop Killer Deserves, "Time Served!"
Confessed Cop Killer Deserves "Time Served!"
Dino Calabro the confessed cop killer donned with a blasé demeanor showed outright deception with his selective memory when testifying last week.
"I want Calabro to recognize my presence in the courtroom and know that I have nearly thirteen years vested interest in these two homicides and I am still on this case and have no plans on going anywhere."
Brooklyn, New York, April 5, 2012
The crux of the high profile mob trial against Thomas Gioeli and Dino Saracino appears to be hinging on the government’s star witness; an intellectually inept, eight time murderer who is unremorseful for his life of crime.
Entering the Brooklyn court room through a side door the stocky stool pigeon walks cowering with hunched shoulders, donning salt and pepper hair, a medium dark complexion and clothing not suited for a court proceeding of this caliber. As the afternoon session commenced defense attorney Adam Perlmutter asked Calabro what he expected from the government for his testimony and he quickly responded callously that he expected "time served…No, better than time served." The spectators, many of whom were victim’s family members shook their head in disbelief and gasped at his vile statement.
Testifying in a partial spin off case from the alleged "Colombo war," Dino Calabro admits to killing not only police officer Ralph Dols but also of participating in other heinous murders, including that of John Minerva and Michael Imbregamo whom renowned Forensic Intelligence Analyst and Congressional Consultant Angela Clemente began to evaluate approximately thirteen years ago. At the time she was investigating systemic corruption within the U.S. Attorney’s Office (EDNY) and the NY FBI office’s relationship with serial killer and FBI employee Gregory Scarpa Sr.
Her work, in part, resulted in the Department of Justice Office of Inspector General’s Special Report that was released in September 2005 on making sweeping changes with informant practices and she prompted multiple congressional inquiries.
A problem identified by Clemente in the past was the governments withholding of critical information relating to their relationship with violent informants. Amongst such lapses Clemente documented numerous instances where the government failed to provide the court with factual dates relating to when informant’s cooperation status began and their monetary payments to these same informants that provided false information while knowing that it was false. Another key concern was that of "lost" or "missing" information and evidence.
Clemente’s investigation was especially significant when revealing the depths of government corruption in connection with Gregory Scarpa Sr. who had repeatedly murdered while employed by the FBI as a top echelon informant for more than thirty years.
On May 20, 1971 Gregory Scarpa Sr., provided the FBI with information about more than a dozen officers from the 62nd Precinct who he claimed were corrupt and taking payoffs. The FBI took no action whatsoever to investigate or prosecute anyone mentioned and thereafter the appearance of a mutually beneficial relationship began with Scarpa Sr., the FBI, and the 62nd Precinct. Multiple homicides and assaults fell under their jurisdiction including that of the teenager Patrick Porco, Dominick Masseria, and Matty Ianiello. Each one of these murders had a direct connection to Gregory Scarpa Sr. and his family and none of them were properly investigated.
On February 27, 1992 Gregory Scarpa Sr. was closed as a top echelon informant after he had already committed multiple murders even ordering his own brothers murder and blamed those homicides on others. And on March 11, 1992 there was a failed murder attempt on the life of John Minerva by a Scarpa follower; Eric Curcio, DEA informant Gabriel Marquez, and two other men. A short time later on March 25th John Minerva and Michael Imbregamo were murdered. Five days after the violent homicide Gregory Scarpa Sr. conveniently contacted the FBI and proclaimed that he knew who was involved in the murders, deaths that launched Scarpa back into the status of informant by April 2nd and earning him a paycheck for that information on May 8th. Two years later Detective Sharkey contacted DEA Agent Myron Hollowchuk and told him that one of Scarpa’s closest allies Larry Mazza and others had just pled guilty to Racketeering charges related to the murders of John Minerva and Michael Imbregamo.
"The Minerva children, the Porco family, and decorated NYPD officer Detective Joe Simone were some of the most heartbreaking victims in all of my investigations" claims Angela Clemente.
Clemente is back again to monitor the trial of Thomas Gioeli and Dino Saracino because she is intensely watching the actions of the U. S. Attorney’s Office EDNY, the FBI, and most importantly she is meticulously following Dino Calabro’s testimony. "I want Calabro to see my presence in the court and know that I have nearly thirteen years vested interest in these two homicides and I am still on this case and have no plans on going anywhere." "I will be closely observing every single callous statement that he utters and I am already questioning the date that he states he began his cooperation and what his connection may be to the 62nd precinct which Is part of a larger ongoing and very current investigation."
Clemente wants to make it clear that she will personally see to it with vigor that Calabro will not be receiving what he expects from the government, "time served." He needs to think real hard about all the mayhem and deaths that he is truly responsible for because his victims’ families can never forget and his selective memory when being questioned on the stand is not only deceptive it is outright repulsive.
Multiple victims and their families have contacted Clemente to represent their interests in rectifying the extensive damage and as the trial is ongoing she is simultaneously beginning new legal actions all directly related to Scarpa Sr. and Calabro.
Copyright 2012 AD & Angela Clemente
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