This case involves the illegal activities of one operating unit of the Chicago Outfit or mob known as the Ferriola Street Crew. n9 This crew existed primarily to provide income to its members through: (1) the operation of various illegal gambling businesses such as sports bookmaking, parlay cards, and casino games, (2) the collection of "juice" or interest on usurious loans made by the crew, (3) the collection of "street tax" or money from individuals engaged in illegal or quasi-illegal businesses, and (4) the use of these proceeds in the criminal enterprise and other business ventures. n10 To conceal their actions, the crew also provided monetary payments to crew members who refused to testify against the crew, instructed potential grand jury witnesses to lie, and attempted to and bribed various police officers, judges, and other political officials.

 n9 Given the number and specificity of some of defendants' objections, this court has carefully reviewed the trial transcripts and exhibits relating to this case. The final transcript of the trial was completed and filed with the district court on June 10, 1993. For a thorough discussion of the sentencing process in this case, see, United States v. Infelise, 90 CR 87 (N.D. Ill. April 14, 1993).  [**8]  

 n10 Not all defendants convicted in this case participated in each of the crew's illegal activities. Several were involved solely or primarily in the crew's gambling operation. However, each defendant benefited directly and financially from the crew's use of and reputation for violence. For example, competition against the crew's gambling operation was controlled by violence, threats of violence, and intimidation.

From 1979 through the indictment in this case, the Ferriola Street Crew was involved in several illegal gambling businesses including a sports bookmaking business, two parlay card businesses from 1979 through 1983, floating blackjack games, and a casino.  DeLaurentis also operated gambling rooms in 1982 and a floating dice game from 1986 through 1989 on behalf of the crew.

From 1976 through 1979, defendant William Jahoda operated a sports bookmaking business with Sam Sammarco. In early 1979, Jahoda told Sammarco that he wanted to switch to another bookmaking group and later told Sammarco that he would be working with Infelise. Shortly thereafter, Jahoda had several meetings with Infelise [**9]  regarding setting up a bookmaking business. In the spring of 1979, Jahoda and representatives of the Ferriola Street crew agreed to form a bookmaking partnership by which profits would be split evenly between Jahoda, Infelise, and the crew. Jahoda was given responsibility for the day-to-day operation of the gambling operation including supervision of the wirerooms. Jahoda reported to Infelise on almost a daily basis regarding daily operations. This partnership continued until 1988 and generated profits of approximately $ 8 million.

In 1988, Jahoda was arrested twice for operating illegal blackjack games for the crew. As a result, Infelise replaced Jahoda with Salvatore DeLaurentis, who became a partner and assumed responsibility for the day-to-day management of their gambling operation.  n11 Defendant William DiDomenico acted as DeLaurentis' principal assistant. Jahoda remained  [*1473]  involved in the business as a 50/50 bookmaker. n12

 n11 Prior to this appointment, DeLaurentis acted, at various times, as an agent, a collector, a 50/50 bookmaker, and a wireroom and collections supervisor for the crew. 

 n12 50/50 bookmakers provided the crew with players and agents, and shared equally in the profits and losses generated by their players and agents.

 [**10]  

Many other defendants were involved in the sports bookmaking business.  For example, Robert Bellavia was a collector and a supervisor for the operation.  He also supervised the bookmaking activities of Freddie Braun. Marino started as an agent n13 and later became a collections supervisor. Marino also supervised the bookmaking activities of Homer Gonzalez for the crew. Michael Zitello acted, at various times, as an agent, 50/50 bookmaker, wireroom clerk, manager, and collector.  Robert Covone, Ronald DeRosa, and Frank Maltese were agents, James Coniglio was a 50/50 bookmaker and a collector, James Nicholas was a 50/50 bookmaker, and Thomas McCandless and Robert Garrison were 50/50 bookmakers and wireroom clerks. Paul Spano permitted his business, Flash Interstate Delivery System, Inc. ("Flash Trucking") to be used as a meeting place and operations center for the business. He also kept money at Flash for use in the crew's bookmaking business.

 n13 Agents controlled and directed bettors to the crew's gambling operation, and collected losses and paid winnings to their bettors for the crew. Agents received a commission of 25% of the net losses of their bettors.

 [**11]  

From 1979 through 1983, the crew operated a parlay card business. This operation was initially operated by Infelise, Marino, DeLaurentis, Jahoda, and George Miller.  During this time, parlay cards were distributed through agents. In the early 1980's, DeLaurentis attempted to take over all the parlay card businesses in Lake County, Illinois.  During the business' later period, it was operated by Infelise, Jahoda, DeLaurentis, Michael Sarno, James Damopoulos, and others. Sarno provided the parlay cards for distribution.

From 1986 through 1988, the crew also operated a floating blackjack game managed by Jahoda under Infelise's supervision.  Bellavia, Garrison, Nicholas, and Damopoulos acted as agents for this game. The blackjack games' net profits were split equally between Infelise, Jahoda, Ferriola, and Chuck Burge. The games were rigged through the use of professional card cheats and mirrored shoes. In total, approximately 24 floating blackjack games were held and nearly $ 1 million in profits was generated.

And, in the spring and summer of 1982, the crew operated a casino in a house in Libertyville, Illinois known as the Rouse House. The casino was managed by Jahoda under Infelise's [**12]  supervision. The casino had rigged blackjack and craps games. Marino, DeLaurentis, McCandless, and Zitello worked at the casino, and DeLaurentis, McCandless, Zitello, and others provided players for the games. Casino profits were split equally between Infelise, Jahoda, Ferriola, and the crew. During its operation, the casino generated approximately $ 500,000 in profits.

The Ferriola Street Crew also collected unlawful debts, including gambling debts from losing bettors and interest and principal payments on juice loans.  Interest on juice loans varied from 10% per month to 10% per week. Losing bettors who were unable to pay their gambling debts often were given juice loans for the balance of their gambling debts. n14 The crew also provided bankrolls to crew members and other from which to make juice loans and from which the crew received a percentage of the money obtained.  n15

 N14 The crew collected unlawful debts from Curt Bullock, Henry Erfurth, Roy Salerno, Steve Walton, Les Perrelli, Angelo Parhas, Tony Belville, Edward Muisenga, Nick Gerodakis, James Wolf, Jack Duff, and Thomas Piccietti. Parhas, Belville, and Gerodakis were given juice loans when they could not pay off their gambling debts. Covone arranged for Ed Muisenga to receive a juice loan from a non-crew member to pay off his gambling debt to the crew. Les Perelli and Nick Koritsaris received juice loans from DeLaurentis separate from any gambling debts. Undercover agent Larry Weeks also received a juice loan from Infelise and DeLaurentis to bribe a Wisconsin public official.  [**13]  

 n15 For example, Marino provided juice bankrolls to Mike Pascucci and Nicholas, and made juice loans to bookmaker Dominic Basso. Infelise and Marino provide a juice bankroll to James Basile and Sarno collected the crew's share from Basile each month. DeLaurentis also provided a juice bankroll to Damopoulos.

 [*1474]  Beginning in approximately 1974, the crew also sought to control all independent sports bookmaking businesses, particularly in northern Cook, Lake, and McHenry Counties, Illinois.  n16 The crew forced independent bookmakers to either pay the crew a monthly street tax, make the crew a partner in their bookmaking business, or get out of the business. Partnerships were usually 50% partnerships by which the crew and the bookmaker would share profits and losses on a 50/50 basis.

 n16 Independent bookmaking operations are those not affiliated with any street crew.

In the late 1970's and early 1980's, the crew expanded this operation [**14]  to include collecting street tax from houses of prostitution and adult book stores. During the early 1980's, the crew also attempted to take over independent parlay card gambling businesses and independent high stakes card games. Violence or the threat of violence was used by crew members to maintain control over the independent operators. n17

 n17 Victims of these extortionate activities included: Vince Rizza, Tony Reitinger, Steve Hospodar, Sam Sammarco, Pat Gervais, Phil Caliendo, Kenton Pielet, Jack O'Brien, Joe Ken Eto, Sam Malatia, Chuck Cesario, George Miller, Chuck Romano, Michael Adams, Greg DiPiero, Ed Cauley, Joseph Pascucci, Gerry Kurth, John Larsen, Dave Puhl, Robbie Hildebrandt, Hal Smith, Phil Janis, Bill Martino, Gerry Otto, Nick Koritsaris, Peter Aivaliotis, John Katris, Thomas Skryd, James Bollman, Robert Garrison, and Spiros Tzivas.

The Ferriola Street Crew also made great efforts to conceal their illegal activity. For example, the crew provided monetary payments to imprisoned members who refused [**15]  to testify against the crew. During the grand jury investigation of this case, crew members Garrison, Nicholas, John Caulderullo, and Anthony Petronella, and street tax victim Chuck Cesario were subpoenaed to testify, asserted their Fifth Amendment privilege, were immunized, and still refused to testify before the grand jury. All five were ultimately incarcerated for civil contempt.  While incarcerated, they received cash payments which were deducted from the crew's profits. n18 Crew members Jahoda, Harry Aleman, and Jerry Scalise also received cash payments from the crew during or after their imprisonment for various offenses. n19

 n18 Nicholas, Caulderullo, and Petronella each receive $ 1,000 per month, Covone received between $ 1,500 and $ 2,000 per month, and Cesario receive $ 500 per month.  Nicholas also receive a $ 75,000 cash payment from DeLaurentis representing his share of the gambling profits earned by the crew during his imprisonment. 

 n19 Jahoda's wife and girlfriend received monthly payments from Infelise, Marino, and DeLaurentis while he was imprisoned for federal income tax violations in 1980-1981. Aleman received a lump sum cash payment of $ 100,000 from Infelise after serving nearly 12 years in prison. Scalise received monthly payments from Infelise after his imprisonment in England for participating in a major jewel theft.

 [**16]  

Crew members also instructed potential grand jury witnesses to lie. For example, DeLaurentis told street tax victim Gerry Otto to lie to the grand jury. Infelise and R.J. McDonnell joked about the "story" agent Navorat Boonpituk told to the grand jury.  And, DeLaurentis and DiDomenico created a story for undercover agent Larry Weeks n20 to tell authorities if he was contacted regarding their Lake Geneva bribery scheme.

 n20 Larry Weeks was the street name used by undercover agent Larry Kaiser.

In addition, crew members attempted to and bribed police officers, judges, and other political officials to assure the acquittal of crew members indicted on criminal charges and for police protection for the crew's gambling operation. n21 For example, in 1977, Robert Cooley fixed a murder trial for Aleman. On Pat Marcy's instructions, Cooley paid $ 10,000 to the presiding judge to fix the case. n22 Aleman was subsequently acquitted in a bench trial.

 n21 Police protection consisted of advance notice of police raids and arrests.  [**17]  

 n22 Marcy's role in the crew was to attempt to fix criminal cases against crew members and associates by arranging the reassignment of their cases to a corrupt Judge.

In 1981, Ken Eto made a series of monthly $ 1,000 payments to John Monteleone through Infelise and Marino.  These payments were  [*1475]  to buy police protection from the Vice Control Division of the Chicago Police Department for Eto's monte game.

In 1982, Pat Gervais paid a total of $ 12,000 to the crew for permission to operation his house of prostitution in Lake County, Illinois. DeLaurentis and Marino told Gervais that his $ 3,000 per month payment would take care of the crew and the Lake County Sheriff's Department, and that the sheriff's department would give him advance warning of any raids or investigations. Gervais received such a warning about a raid in March 1982.

Also in 1982, Infelise instructed Jahoda to give him $ 1,500 per month out of the Rouse House casino profits so that he could bribe the Lake County Sheriff to get advance notice of raids.  Infelise told Jahoda that Ferriola had a contact in the sheriff's department [**18]  and Infelise had a "hot phone" installed in the casino where the advance raid warnings would be received.

From 1982 through the fall of 1986, the Outfit and the Ferriola Street Crew also controlled the issuance of liquor licenses through Steve Bayovich, the Liquor Control Commissioner in Cicero, Illinois.  This was originally accomplished through Bucky Ortenzi, but after Ortenzi's death in 1986, Infelise took over for him. In 1986, Infelise agreed to obtain a Cicero liquor license for a client of Robert J. McDonnell.  During this period, monthly bribe payments were made to Bayovich.

In 1986, Infelise, through Pat Marcy and others, bribed his federal probation officer by finding the probation officer's son a job.  The probation officer's son interviewed with Frank Maltese and Dino Marino, Louis Marino's son and a high ranking employee at the Town of Cicero Department of Public Works ("DPW"), and was ultimately employed by DPW.

In 1987, DeLaurentis informed Jahoda that he paid $ 1,000 per month to the Forest Park Police Chief to protect the crew's floating craps game. Shortly thereafter, Infelise told Jahoda that the game had been moved to the Argo/Willow Springs area and that protection [**19]  money was being paid there.

In 1988, Infelise told Jahoda that he had been giving $ 5,000 per month to Undersheriff of Cook County James Dvorak to be forwarded to the Cook County Sheriff for protection. In the fall of 1988, Infelise told Jahoda that this payoff bad been increased to $ 10,000 per month.  In September 1989, Infelise again confirmed to Jahoda that the crew was paying Dvorak monthly payoffs and that $ 35,000 in crew funds were being paid each month to incarcerated crew members and "the coppers."

In February 1988, Jahoda was arrested by the Illinois State Police for operating a blackjack game at the Arlington Hilton Hotel in Arlington, Illinois. From the time of his arrest through the fall of 1989, Jahoda had a series of conversations with Infelise, DeLaurentis, and Maltese regarding payoffs they were offering to three Cook County judges to fix Jahoda's case.  Infelise told Jahoda that he believed something could be done to have the first judge on the case, Judge Christy Berkos, take care of Jahoda's case.

In the summer of 1988, Maltese told Infelise and Jahoda that he had met with Berkos and that Berkos was holding out for a trip for two to Hawaii. Berkos denies having [**20]  been offered a bribe, but acknowledges that he received strange contacts while assigned to Jahoda's case. In early 1989, Berkos recused himself from the case because he knew one of Jahoda's family members.  The second judge on the case, Judge Thomas Hett, also recused himself during the summer of 1989 because he knew one of Jahoda's family members. After Hett's recusal, Infelise told Jahoda that Maltese had met with Hett and that Hett would have been given $ 7,500 to take care of the case. Later, Infelise and DeLaurentis told Jahoda that the third judge assigned to his case, Judge Richard Neville, would be paid $ 10,000 to fix the case. According to Infelise, Pat Marcy was to handle it. The State eventually dismissed the case on its own motion.

In September 1989, Garrison wanted to run a regular high stakes poker game in Lake County, Illinois. DeLaurentis gave him permission to operate this game on the condition that Garrison pay the crew half of  [*1476]  his profits and $ 250 per month for police protection.

Also in 1989, at DeLaurentis' request, Rocco Pellettiere attempted to make a payoff to DeLaurentis' former brother-in-law, Lake County Deputy Sheriff Willie Smith. Pellettiere offered [**21]  Smith $ 500 per month for his approval to place DeLaurentis' joker poker machines in certain Lake County bars and early warning of any police raids on those bars. DeLaurentis later confirmed to Jahoda his belief that Smith had been bribed to permit them to operate illegal gambling activities in Lake County, Illinois.

Every Christmas, Infelise also instructed Jahoda to give him or DeLaurentis money from the bookmaking business to payoff various individuals in the Cook County Sheriff's Department.  Upon DeLaurentis' demand, Lake County bookmaker Gerry Otto also paid $ 1,000 per year into this "Christmas fund." These payoffs ranged from $ 1,500-$ 5,000 per year.

Infelise, DeLaurentis, and Jahoda also engaged in a scheme with undercover agent Larry Weeks to bribe a local Wisconsin zoning official to gain favorable treatment in their efforts to get commercial/industrial property near Lake Geneva, Illinois zoned as residential property. This bribe was to be financed by a $ 50,000 juice loan to Weeks from funds provided by Infelise, DeLaurentis, and Jahoda. At Infelise's direction, Jahoda obtained the $ 50,000 to give Weeks from money Spano kept for the crew at Flash Trucking. Jahoda then [**22]  repaid Infelise for his and DeLaurentis' share of the juice loan. DiDomenico subsequently delivered DeLaurentis' share of the loan to reimburse Jahoda.

Some members of the crew were also responsible for conspiring to murder independent bookmaker Hal Smith. n23 Since at least 1981, Smith was aware of the efforts of the Ferriola Street Crew, particularly Marino and DeLaurentis, to impose a street tax on independent bookmakers in Lake County or force them to become partners with the crew. Smith resisted these efforts. In March 1983, the IRS seized $ 600,000 in cash from Smith's home during a highly publicized raid. After this raid, the crew stepped up its efforts to gain control over Smith's bookmaking operation. For six months in 1983, Smith and his partners, Dave Puhl and Phil Janis, paid DeLaurentis $ 3,000 per month in street tax.

 n23 At trial, Infelise and Bellavia were found guilty of conspiring to murder Hal Smith under Racketeering Act 17(a).  DeLaurentis was found not guilty on this count, and the jury could not reach a verdict on this count with respect to Marino and a mistrial was declared. Infelise, Bellavia, Marino, and DeLaurentis were also charged with murdering Hal Smith under Racketeering Act 17(b). The jury could not reach a verdict on this racketeering act for any of these defendants and a mistrial was declared.

Infelise, Bellavia, Marino, and DeLaurentis were also charged in Count 8 with conspiring to murder Hal Smith and in Count 9 with murdering Hal Smith. The jury found DeLaurentis guilty on Count 8, but this conviction was vacated by this court and a mistrial declared on December 30, 1992.  The jury could not reach a verdict on Count 8 with respect to Infelise, Bellavia, and Marino. The jury also could not reach a verdict on Count 9 with respect to Infelise, Bellavia, Marino, and DeLaurentis.

 [**23]  

In the fall of 1983, DeLaurentis arranged a meeting with Janis and Robbie Hildebrandt, one of Smith and Janis' phone clerks.  At this meeting, DeLaurentis told Janis and Hildebrandt that they and Smith would have to pay street tax. When Hildebrandt told Smith about the meeting, Smith said "fuck that little guinea" and told Hildebrandt that he would take care of it. Janis retired to Florida shortly thereafter.

In late February or early March 1984, DeLaurentis again contacted Hildebrandt about paying street tax. At a subsequent meeting, DeLaurentis told Hildebrandt and Smith that Smith had to pay $ 6,000 per month in street tax. Smith offered $ 3,000 and then $ 3,500, but DeLaurentis refused these offers. Smith then said, "Now you get nothing." A very loud and public argument ensued in which Smith made numerous ethnic slurs about DeLaurentis. DeLaurentis told Hildebrandt that he was going to get a "slap" and told Smith that he was going to be "trunk music." Smith's refusal to pay street tax motivated some members of the crew to conspire to kill him.

In the spring of 1984, Infelise asked Jahoda to show him where Smith lived. Thereafter, Infelise, Marino, and Bellavia went looking  [**24]   [*1477]  for Smith. Infelise asked Jahoda to set up meetings with Smith so that they could observe him. In the fall of 1984, Infelise instructed Jahoda to keep in contact with Smith.

On or about February 5, 1985, Infelise ordered Jahoda to bring Smith to Jahoda's house in Long Grove, Illinois. Jahoda arranged for Smith to meet him at a bar on February 7, 1985. Jahoda reported this arrangement to Infelise and told Infelise that he would try to get Smith to come back to his house with him.

On February 7, 1985, Infelise, Marino, and Bellavia came to Jahoda's house.  Infelise told Jahoda that only he and Smith should come to his house, preferably in Smith's car, Smith should enter the house alone through the kitchen, and Jahoda should try not to go in the house. Later that day, Jahoda met Smith at the bar and brought him back to his house as instructed. Jahoda told Smith to go in through the kitchen while he pretended to go over to his mailbox. Jahoda saw Infelise, Marino, and Bellavia in the house after he arrived with Smith. The last time Jahoda saw Smith, he was dazed and slumped on the floor with Infelise, Marino, and Bellavia surrounding him.

Later that evening, Jahoda returned home and [**25]  found his house empty. Jahoda noticed that part of the kitchen floor had been mopped. Infelise then called Jahoda and told him to look for a cigar and glasses which Marino thought had been left behind. Jahoda looked for these items but could not find them. Both items were later recovered from Smith's car by the Arlington Heights Police. Jahoda left for Mexico the next day.

Smith's body was found in the trunk of his car on February 10, 1985. The coroner who examined Smith's body concluded that Smith died of strangulation. The coroner also found that Smith had been tortured because Smith had been severely beaten about the head and face, he had numerous superficial incisions and cuts in his neck and chest, and his throat was slit.  None of these cuts were fatal.

While in Mexico, Jahoda received a phone call from Infelise who told him that Smith's body had been found. Alter Jahoda returned from Mexico, he met with Infelise. Infelise told him that they were all "hot" because of "that thing," and Jahoda was particularly hot.  Infelise commented that the murder of Chuckie English was a good distraction and would take the heat off the Smith murder. In subsequent conversations, Infelise [**26]  told Jahoda that Smith was a snitch and Ferriola wanted to thank him for "that Smith thing."

While working as a government informant, Jahoda obtained consensually recorded conversations with Infelise and Bellavia regarding Smith's murder. n24 Jahoda told them that "Officer Friendly," a supposed crooked police officer, had passed on bits of information about the Smith murder investigation to him.  On October 25, 1989, Jahoda showed Infelise a list of clues supposedly gathered by the police regarding the murder, including cigarette evidence left at the crime scene and a reference to the route the police believed Smith's car took the night he was murdered.

 n24 No conversations between Jahoda and the other defendants charged with conspiring to murder and murdering Hal Smith were recorded.

After reading the list, Infelise stated: "when you tell me something like this, you think I could go home and sleep, without having this information? It might not be important to you, but maybe I know more than you do. Do you understand,  [**27]  you know?" Infelise also questioned the accuracy of the police notes on Smith's car. He stated: "The car, right? It come from there to your house. It went all the way to mother fuckin' Arlington Heights. That's where they found the car. So how could the speedometer only have three miles on it." Government Exhibit 453.

On October 30, 1989, in a consensually recorded conversation, Bellavia and Jahoda also discussed the Smith murder. Jahoda discussed his concern that little clues might have been inadvertently left which would trace the murder to them:

Jahoda: Here's a fucking success. I just want to point out an error or two. He should never have picked up that phone.  [*1478]  The biggest break we got is the next day. I don't know if he told you this.  Cook County's all over my house. I'm already turned in as, as a missing person.

Bellavia: Yeah.

Jahoda: I got a guy in the house that won't let them in.

Bellavia: Yeah.

Jahoda: And who knows what the hell was in there?

Bellavia: Yeah.

Jahoda: Whoever brought the, the, the rope. I mean, I know everybody's got gloves. What the fuck? But when that rope was bought, it wasn't bought with gloves on. The fucking bag was there.  [**28]  The wrapper was there.  The receipt was there.  True Value Hardware or whatever. I mean, I, you know, it's just the little things. (Inaudible).

Bellavia: Yeah, right. Them are the little things that, ah ...

Jahoda: You know, who, whoever, did the floor leaves the fucking mop. You got to make sure that you use gloves, if, if I don't come home that night. If I catch that plane in the morning, which I almost did. I almost stayed at a broad's house.

Bellavia: Yeah.

Jahoda: Cuz I had my luggage.  I almost never went home. So fortunately I was there to tidy up.

Bellavia: There's things that you can be, there's things you can be so careful about, and yet there's little, little things.

Jahoda: Cuz I know that, that there was either, you know, I don't wanna know where it came from, you know, Bobby Salerno or yourself. Just, just learn from our successes.

Bellavia: That's right. That's right.

Government Exhibit 457 at 16-17.  Later on during the course of this conversation, Jahoda and Bellavia continued their discussion of Smith's murder:

Jahoda: I mean I'm talking about the period. He just never told me a God damn thing.

Bellavia: Well, as a rule they should,  [**29]  but they don't, you know. When a guy's got bones.

Jahoda: He drove me back to the tavern and said, "Burn your clothes and leave. He doesn't say how long you guys are going to be [at Jahoda's house with Smith] or where's he's going.

Bellavia: Yeah.

Jahoda: You know what I mean? Like, I know, that, that guy [Smith] ain't' there to buy tickets to the, to the Knights of Columbus Smoker.

Bellavia: (Laughs).

Jahoda: But in my wildest dreams, I don't picture him getting fucking sliced and diced in the kitchen, either.

Government Exhibit 457 at 20-21. Bellavia further assured Jahoda that Smith was only in the kitchen so he did not have to worry about evidence turning up in another room of Jahoda's house. Jahoda asked: "Except I just want to know one thing. Was that, that guy any place but that kitchen? He never left the kitchen." Bellavia told him "No." When Jahoda stated: "So, all I know is I sterilized that kitchen, but I never went past that kitchen.  Kitchen and that side bathroom," Bellavia again responded: "No, that's all. That was it." Government Exhibit 457 at 32-34.

B. Defendants Infelise's and Bellavia's Roles in the Ferriola Street Crew

The Ferriola [**30]  Street Crew's organization consisted of a "boss" or leader, assistants to the boss, supervisors of the various income producing activities, and many agents and employees who were compensated out of the earnings from those activities. From 1974 until his death in 1979, James Torello was the boss, from 1979 until his death in 1989 Joseph Ferriola was the boss, and from 1989 through the indictment of this case defendant Infelise was the boss of the Ferriola Street Crew. Supervisors of the street crew included, at various times, trial defendants Marino, Bellavia, and DeLaurentis.

For approximately 11 years, in his capacity as the chief assistant to the street crew boss and as the street crew boss, Infelise oversaw the above described illegal activities of this  [*1479]  sophisticated criminal organization, including coordinating and directing its gambling businesses and its street tax and juice loan activities, and supervising and participating in the bribery of law enforcement officers, judges, and public officials. Upon becoming the crew boss, Infelise also coordinated and "refereed" criminal activities of other street crews.

Beyond Infelise's general role in the Ferriola Street Crew's activities [**31]  described above, Infelise took part in various other activities which must also be considered when reviewing Infelise's guideline computations.  For example, Kenton Pielet acted as a 50/50 bookmaker for the crew starting in the summer of 1979 and as a 25% agent during the basketball season of 1980.  During the football season of 1979, Pielet had approximately 50 betting football customers who lost approximately $ 102,000.  One of Pielet's bettors, Larry Holler, lost $ 26,000 in one week. After there were difficulties in collecting Holler's debt and Holler indicated that he was going to refuse to pay, a meeting was set up between Holler, Pielet, Marino, and Zitello. Holler paid off the $ 26,000 at this meeting.

Holler was permitted to continue betting during the basketball season of 1980 and ultimately lost over $ 13,000. After Holler did not pay off his debt, a meeting was set up between Pielet, Infelise, and Marino. At this meeting, Pielet told Infelise that he tried to collect Holler's debt, but that Holler did not have the money. Infelise told Pielet that he was responsible for Holler's debt. When Pielet laughed at this suggestion, Marino slapped him on the face.  Infelise then [**32]  told Pielet that he would have to collect the debt and pay $ 500 per month in street tax. According to Pielet, he agreed to make the street tax payments because the slap by Marino scared him. Pielet subsequently switched to another street crew run by Sam Carlisi. This change in crew membership only occurred after Pielet obtained permission to switch and Holler's $ 13,000 debt was resolved.

Before becoming involved with Infelise and his crew, Patrick Gervais had a street tax relationship with Victor Spilotro, a boss from another crew. But, within a week of opening a house of prostitution in Lake County, Illinois, Gervais received a phone call from DeLaurentis advising him that he would have to pay a $ 3,000 per month street tax to the Ferriola Street Crew. When Gervais spoke with Spilotro about the phone call, Spilotro told Gervais not to pay DeLaurentis because "he had the muscle." Marino subsequently set up a meeting with Gervais which Spilotro also attended.  When Marino and Infelise showed up for the meeting, Spilotro looked surprised to see Infelise. After Spilotro and Infelise had a brief, private discussion, Spilotro told Gervais that "I am out" and that Gervais' house of prostitution [**33]  was "in their territory." Spilotro also told Gervais that he would have to deal with Marino.  After Infelise's intercession, Gervais began paying street tax to the Ferriola Street Crew. Gervais paid a total of $ 12,000 to the crew to protect his Lake County house of prostitution.

George Miller, Jr. was an independent bookmaker who worked with bookmaker Hal Smith during the late 1970's. In 1980 or 1981, Miller broke away from Smith and began working as an independent bookmaker in Lake County with his father George Miller, Sr. The Millers also ran a lucrative parlay card business during this time. In 1982, Infelise, Marino, and DeLaurentis decided to take over the Millers' operation.  A meeting was arranged between the Millers, Infelise, Marino, and DeLaurentis. At the meeting, Marino told the Millers that they had to split their business with them. If they did not join the crew, Infelise told them that they would smash their parlay card printing press. Marino further told them that the Ferriola Street Crew was taking over Lake County.

After this meeting, the Millers discussed their situation with other bookmakers and learned about DeLaurentis' reputation as a mob enforcer. At a second [**34]  meeting with Infelise, Marino, and DeLaurentis, George Miller told them that he would join the crew's business.  Infelise, Marino, and DeLaurentis subsequently took over the Millers' business on a 50/50 basis and employed George Miller in one of their wire rooms. In 1982, the crew received $ 75,000 for their 50%  [*1480]  interest. After 1982, George Miller basically got out of the parlay card business, but DeLaurentis warned him that if he ever got back into parlay cards again, it had "better be with us."

In the summer of 1983, Roy Salerno, one of George Miller's bettors, lost $ 100,000 in baseball wagers to Miller. Miller eventually turned the debt over to Jahoda who in turn advised Infelise about the debt. Infelise told Salerno that he would have to make monthly payments of $ 1,500 until the debt was paid off. Marino, DeLaurentis, and later, Bellavia collected these payments from Salerno for several years until Infelise "cashed out" the debt for approximately $ 10,000-$ 15,000. Miller did not receive any of the money collected by the crew.

Income from the crew's illegal activity was approximately $ 10 million from 1979 through 1988. Infelise earned close to $ 2 million from this income.  [**35]  Infelise took numerous steps to conceal the profits he and the crew earned from their illegal activities.  For example, Infelise invested $ 700,000 in cash in a Florida property titled in the name of his mother-in-law. Infelise and Bellavia also proposed another real estate deal to Jahoda in which he hoped to hide his $ 200,000 investment.

Prior to 1986, Bellavia was one of Infelise's trusted friends and associates. By 1986, Bellavia was a regular crew member who was paid $ 500 per week.  Bellavia was involved in most aspects of the crew's business.  For example, Bellavia was involved in the crew's juice loan operation.  In 1986, Bellavia arranged to receive $ 5,000 per week from the crew to use for juice loans. If one of Bellavia's customers failed to make his payment, Bellavia was responsible to the crew for that payment. Bellavia also collected monthly street tax payments from bookmaker Roman Lewis for crew supervisor Gerry Scarpelli during 1986. At one point, Lewis paid $ 2820 per month.

In 1989, after Ferriola died and Infelise became the boss of the crew, Infelise promoted DeLaurentis to street boss and Bellavia and Marino to his assistants.  Like Infelise, Bellavia went to [**36]  great lengths to hide his extensive involvement and the income he earned from his participation the crew. For example, Bellavia, Infelise, and Jahoda became involved in the purchase of a partially built condominium project in Addison, Illinois.  Bellavia predicted a profit of between $ 500,000-$ 800,000 in the first year alone.  The profitability of the deal was to be due in large part to Infelise's ability to influence a corrupt union official to allow non-union labor to be used. A construction loan was also to be arranged through a corrupt banker who would also be sharing in the profits from this real estate venture. Bellavia made it clear to Jahoda that the property would be held in the names of nominees he controlled because "we got to be under the covers." One of the main reasons for the undercover condominium venture was to create a hidden nest egg in the event that Bellavia, Infelise, and Jahoda went to jail.

Bellavia was also involved in the crew's sports bookmaking business and floating blackjack games. Bellavia acted as a 25% agent for the blackjack games. He also supervised the bookmaking activities of subbookmaker Freddie Braun. Braun had been a 50/50 bookmaker supervised [**37]  by crew member Bucky Ortenzi. When Ortenzi died in 1986, Bellavia became responsible for collecting the crew's 50% share of Braun's profits. Bellavia also assisted the business by obtaining mobile telephones and service connections from Michael Frietag, a salesman for Illinois Communications Company.  Bellavia referred Frietag to Zitello who, acting under a fictitious name, purchased several mobile telephones and service connections.  Frietag later supplied Jahoda with more mobile telephones under a variety of fictitious names. Bellavia also referred Frietag to crew members and bookmakers, including Ferriola, Donald Angelini, Dominic Cortina, Roman Lewis, as well as Anne Infelise, Rocco Infelise's wife.

Bellavia also collected gambling debts for the crew. As previously explained, Roy Salerno, one of bookmaker George Miller's bettors, lost $ 100,000 in baseball wagers in the summer of 1983. Salerno's debt was eventually turned over to Infelise who arranged for Salerno to make monthly $ 1,500 payments until his debt was paid off. These collections  [*1481]  were originally assigned to Marino and DeLaurentis, but they were later taken over by Bellavia. When Bellavia was in California on business,  [**38]  he would have his son, Chuckie Bellavia, pick up Salerno's payments. Infelise later cashed out Salerno's debt for approximately $ 10,000-$ 15,000.