Page 1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

-v-

ANDREW DISIMONE,

DOMINICK CAPELLI,

a/k/a "Nicky Pepsi,"

JOHN ALEVIS,

a/k/a "Baby John,"

PETER VELTRI,

TOMISLAV DOBRILOVIC,

a/k/a "Tommy D,"

SETH TRUSTMAN,

STEVEN MAYER,

CLEMENTE CASTRACUCCO,

EDGAR CONCEPCION,

PAUL CUZZO,

ERNEST CUZZO,

a/k/a "Butch,"

ANTHONY CUZZO,

VINCENT LAFACE,

a/k/a "Little Vinny,"

THOMAS MANTEY,

PAUL AUST,

a/k/a "Jay,"

PHILIP MERCURIO,

MICHAEL SILVERMAN,

ANTHONY GARCIA,

a/k/a "Tony,"

OSAMA GHOUBRIAL,

a/k/a "Sammy,"

Defendants.

-x

SEALED

INDICTMENT

09 Cr.

:09

CRIMe908

- - - - - - - - - - - - - - - - - -x

COUNT ONE

(Racketeering Conspiracy)

The Grand Jury charges:

The Enterprise

1.

At all times relevant to this Indictment, ANDREW

DISIMONE, DOMINICK CAPELLI, a/k/a "Nicky Pepsi," JOHN ALEVIS,

a/k/a "Baby John," PETER VELTRI, TOMISLAV DOBRILOVIC, a/k/a

"Tommy D," SETH TRUSTMAN, STEVEN MAYER, CLEMENTE CASTRACUCCO,

EDGAR CONCEPCION, PAUL CUZZO, ERNEST CUZZO, a/k/a "Butch," and

ANTHONY CUZZO, the defendants, and others known and unknown, were

members, associates and co-conspirators of the Luchese Organized

Crime Family of La Cosa Nostra (the "Luchese Organized Crime

Family").

The Luchese Organized Crime Family was a criminal

organization whose members and associates engaged in crimes,

including attempted bribery, illegal gambling, and loan sharking.

2.

The Luchese Organized Crime Family, including its

leadership, membership, and associates, constituted an

"enterprise," as that term is defined in Title 18, United States

Code, section 1961(4) -- that is, a group of individuals

associated in fact.

This enterprise was engaged in, and its

activities affected, interstate and foreign commerce.

The

Luchese Organized Crime Family was an organized criminal group

based in New York City that operated in the Southern District of

New York and elsewhere and constituted an ongoing organization

whose members functioned as a continuing unit for a common

purpose of achieving the objectives of the enterprise.

The

Luchese Organized Crime Family was referred to by its members and

associates in various ways, including as a "cosa nostra, " a

"Family," and "this thing of ours."

3.

The Luchese Organized Crime Family was part of a

nationwide criminal organization known by various names,

including the "Mafia" and "La Cosa Nostra" ("LCN"), which

2

operated through entities known as "Families."

The Luchese

Organized Crime Family took its name from one of its early

leaders, Gaetano Luchese.

In addition to the Luchese Organized

Crime Family, five other Families operated in the New York City

and New Jersey area, namely, the Gambino Organized Crime Family

of LCN, the Genovese Organized Crime Family of LCN, the Colombo

Organized Crime Family of LCN, the Bonanno Organized Crime Family

of LCN, and the Decavalcante Organized Crime Family of LCN.

4.

The Luchese Organized crime Family operated

through groups of individuals known as "crews" and "regimes,"

most of which were based in New York City.

Each "crew" had as

its leader a person known as a "Caporegime," "Capo," "Captain,"

or "Skipper," and consisted of "made" members, sometimes known as

"Soldiers," "wiseguys," "friends of ours," and "good fellows."

Soldiers were aided in their criminal endeavors by other trusted

individuals, known as "associates," who sometimes were referred

to as "connected" or identified as "with" a Soldier or other

member of the Family.

Associates participated in the various

activities of the crew and its members.

5.

Each Capo was responsible for supervising the

criminal activities of his crew and provided Soldiers and

associates with support and protection.

In return, the Capo

typically received a share of the illegal earnings of each of his

crew's Soldiers and associates, which was sometimes referred to

as "tribute."

3

6.

Above the Capos were the highest-ranking members

of the Luchese Organized Crime Family, commonly referred to as

the "Administration."

The head of the Luchese Organized Crime

Family was known as the "Boss," who was ordinarily assisted by an

"Underboss" and a "Consigliere," or counselor.

The Boss,

Underboss, and Consigliere were responsible for, among other

things, setting policy, resolving disputes between and among

members of the Luchese Organized Crime Family, and resolving

disputes between members of the Luchese Organized Crime Family

and members of other criminal organizations.

The Administration

of the Luchese Organized Crime Family was also responsible for

overseeing the criminal activities of the Family's Capos,

Soldiers and associates, and was at times called upon to make

decisions regarding those criminal endeavors.

7.

The Boss, Underboss, and Consigliere (whether

official or acting) and, at times, the members of the ruling

panel, supervised, supported, protected, and disciplined the

Capos, Soldiers, and associates, and regularly received reports

regarding their various activities.

In return for their

supervision and protection, the Boss, Underboss, and Consigliere

and members of the ruling panel typically received part of the

illegal earnings of each crew.

8.

The Luchese Organized Crime Family has taken

significant steps to protect and insulate its Boss and other

Administration members from detection and scrutiny by law

4

enforcement.

These steps include appointing multi-member

committees, and/or "panels," to oversee the daily affairs of the

Luchese Organized Crime Family; and naming temporary, or "Acting"

Bosses and other Administration positions.

The Defendants

9.

ANDREW DISIMONE, DOMINICK CAPELLI, a/k/a "Nicky

Pepsi," JOHN ALEVIS, a/k/a "Baby John," PETER VELTRI, TOMISLAV

DOBRILOVIC, a/k/a "Tommy D," SETH TRUSTMAN, STEVEN MAYER,

CLEMENTE CASTRACUCCO, EDGAR CONCEPCION, PAUL CUZZO, ERNEST CUZZO,

a/k/a "Butch," and ANTHONY CUZZO, the defendants, were members,

associates, or co-conspirators of the enterprise, the Luchese

Organized Crime Family.

Purposes of the Enterprise

10.

The purposes of the enterprise included the

following:

a.

Enriching the leaders, members, and

associates of the enterprise through, robbery, extortion, stolen

property crimes, arson, murder, assault, loansharking, gambling,

money laundering, labor racketeering, and other crimes;

b.

Preserving and augmenting the power,

territory, and financial profits of the enterprise through

intimidation, violence, and threats of physical and economic

harm; and

c.

Keeping victims and citizens in fear of the

enterprise and its leaders, members, and associates by: (i)

5

identifying the enterprise, its members, and its associates with

La Cosa Nostra or the "Mafia;" (ii) causing and threatening to

cause economic harm; and (iii) committing and threatening to

commit physical violence.

Means and Methods of the Enterprise

11.

Among the means and methods by which the

defendants and other enterprise members and associates conducted

and participated in the conduct of the affairs of the enterprise

were the following:

a.

To protect and expand the enterprise's

business and criminal operations, members and associates of the

enterprise conspired and attempted to bribe members of the New

York City Police Department ("NYPD")in order to protect the flow

of criminal proceeds to members of the enterprise.

Bribes were

discussed with and paid to members of the NYPD who were acting in

undercover capacities as corrupt police officers.

b.

Members and associates of the enterprise

generated income for the enterprise through the operation of

illegal gambling parlors, sports bookmaking, and loan sharking.

c.

Members and associates of the enterprise at

times engaged in criminal conduct or coordinated their criminal

activities with leaders, members, and associates of other LCN

Families.

At other times, members and associates of the

enterprise met with leaders, members, and associates of other LCN

Families to resolve disputes over their criminal activities.

6

d.

Members and associates of the enterprise used

various techniques to avoid law enforcement scrutiny of the

enterprise's criminal activities.

Members and associates of the

enterprise typically used coded language to make arrangements for

meetings and to refer to other members and associates of the

enterprise, and took other steps to frustrate law enforcement's

attempts to overhear their discussions.

Members and associates

of the enterprise also engaged in other evasive conduct, such as

whispering and speaking in hushed tones, meeting in locations

with loud background noise, and not specifying the names of those

about whom they were speaking, in an effort to obstruct potential

law enforcement eavesdropping.

The Racketeering Conspiracy

12.

From at least in or about 2006, up through and

including on or about the date of this Indictment, in the

Southern District of New York and elsewhere, ANDREW DISIMONE,

DOMINICK CAPELLI, a/k/a "Nicky Pepsi," JOHN ALEVIS, a/k/a "Baby

John," PETER VELTRI, TOMISLAV DOBRILOVIC, a/k/a "Tommy D," SETH

TRUSTMAN, STEVEN MAYER, CLEMENTE CASTRACUCCO, EDGAR CONCEPCION,

PAUL CUZZO, ERNEST CUZZO, a/k/a "Butch," and ANTHONY CUZZO, the

defendants, and others known and unknown, being persons employed

by and associated with the Luchese Organized Crime Family, an

enterprise engaged in, and the activities of which affected,

interstate and foreign commerce, unlawfully, willfully, and

knowingly combined, conspired, confederated, and agreed together

7

and with each other to violate 18 U.S.C.

§

1962(c), to wit, to

conduct and

paticipate,

directly and indirectly, in the conduct

of the affairs of that enterprise through a pattern of

racketeering activity, as that term is defined in Title 18,

United States Code, Sections 1961(1) and 1961(5), consisting of

mUltiple acts and threats involving:

(a) bribery, in violation of New York Penal Law,

Sections 105.05, 110.00 and 200.00;

(b) gambling, in violation of New York Penal Law,

Sections 225.00, 225.05, and 225.10;

and multiple acts indictable under

(c) 18 U.S.C.

§

1955 (operating an illegal gambling

business) ;

(d) 18 U.S.C.

§

892 (making extortionate extensions of

credit and conspiring to do so); and

(e) 18 U.S.C.

§

894 (collecting extensions of credit

through extortionate means and conspiring to do so) .

13.

It was a part of the conspiracy that ANDREW

DISIMONE, DOMINICK CAPELLI, a/k/a "Nicky Pepsi," JOHN ALEVIS,

a/k/a "Baby John," PETER VELTRI, TOMISLAV DOBRILOVIC, a/k/a

"Tommy D," SETH TRUSTMAN, STEVEN MAYER, EDGAR CONCEPCION, PAUL

CUZZO, ERNEST CUZZO, a/k/a "Butch," and ANTHONY CUZZO, each

agreed that a conspirator would commit at least two acts of

racketeering activity in the conduct of the affairs of the

enterprise.

8

(Title 18, United States Code, Section 1962(d).)

COUNT TWO

(Racketeering)

The Grand Jury further charges:

14.

Paragraphs 1 through 11 of this Indictment are

repeated and realleged and incorporated by reference as though

fully set forth herein.

15.

From in or about 2006, up through and including in

or about the date of this Indictment, in the Southern District of

New York and elsewhere, DOMINICK CAPELLI, a/k/a "Nicky Pepsi,"

JOHN ALEVIS, a/k/a "Baby John," PETER VELTRI, TOMISLAV

DOBRILOVIC, a/k/a "Tommy D," SETH TRUSTMAN, STEVEN MAYER,

CLEMENTE CASTRACUCCO, and EDGAR CONCEPCION, the defendants, and

others known and unknown, being persons employed by and

associated with the Luchese Organized Crime Family, an enterprise

engaged in, and the activities of which affected, interstate and

foreign commerce, unlawfully, willfully, and knowingly did

conduct and participate, directly and indirectly, in the conduct

of the affairs of that enterprise through a pattern of

racketeering activity, as that term is defined in Title 18,

United States Code, Sections 1961(1) and 1961(5), that is,

through the commission of the following racketeering acts:

9

The Pattern of Racketeering

16.

The pattern of racketeering activity, as defined

in Title 18, United States Code, Sections 1961(1) and 1961(5),

consisted of the following acts:

Racketeering Act One:

Operation of Illegal Gambling Businesses

17.

From in or about May 2006, up through and

including in or about October 2007, in the Southern District of

New York and elsewhere, DOMINICK CAPELLI, a/k/a "Nicky Pepsi,"

JOHN ALEVIS, a/k/a "Baby John," STEVEN MAYER, CLEMENTE

CASTRACUCCO, and SETH TRUSTMAN, the defendants, and others known

and unknown, unlawfully, willfully, and knowingly conducted,

financed, managed, supervised, directed, and owned all and part

of an illegal gambling business, to wit, the "Straddle Club,"

located at 555 Third Avenue, New York, New York, and the

"Fairview Club," located at 109 West 27th Street, New York, New

York, in violation of New York State Penal Law Sections 225.00,

225.05, and 20.00, which business involved five and more persons

who conducted, financed, managed, supervised, directed, and owned

all and part of such business, and which business had been and

remained in substantially continuous operation for a period in

excess of thirty days and had gross revenues of $2,000 in a

single day, in violation of Title 18, United States Code,

Sections 1955 and 2.

10

Racketeering Act Two:

Operation of Illegal Gambling Business

18.

From in or about January 2008, up through and

including

in

or about October 2008,

in

the Southern District of

New York and elsewhere, DOMINICK CAPELLI, a/k/a nNicky Pepsi,"

JOHN ALEVIS, a/k/a nBaby John," PETER VELTRI, TOMISLAV

DOBRILOVIC, a/k/a "Tommy D," and SETH TRUSTMAN, the defendants,

and others known and unknown, unlawfully, willfUlly, and

knowingly conducted, financed, managed, supervised, directed, and

owned all and part of an illegal gambling business, to wit, an

illegal gambling business located at 25 Beachwood Avenue, Mount

Vernon, New York, in violation of New York State Penal Law

Sections 225.00, 225.05, and 20.00, which business involved five

and more persons who conducted, financed, managed, supervised,

directed, and owned all and part of such business, and which

business had been and remained in sUbstantially continuous

operation for a period in excess of thirty days and had gross

revenues of $2,000 in a single day, in violation of Title 18,

United States Code, Sections 1955 and 2.

Racketeering Act Three:

Operation of Illegal Gambling Business

19.

From in or about January 2007, up through and

including in or about June 2007, in the Southern District of New

York and elsewhere, DOMINICK CAPELLI, a/k/a "Nicky Pepsi," JOHN

ALEVIS, a/k/a "Baby John," and EDGAR CONCEPCION, the defendants,

and others known and unknown, unlawfully, willfully, and

11

knowingly conducted, financed, managed, supervised, directed, and

owned all and part of an illegal gambling business, to wit, the

"National Card Room," located at 328 East 61st Street, New York,

New York, in violation of New York State Penal Law Sections

225.00, 225.05, and 20.00, which business involved five and more

persons who conducted, financed, managed, supervised, directed,

and owned all and part of such business, and which business had

been and remained in substantially continuous operation for a

period in excess of thirty days and had gross revenues of $2,000

in a single day, in violation of Title 18, United States Code,

Sections 1955 and 2.

Racketeering Act Four:

Attempted Bribery

20.

The defendants named below committed the following

acts, either one of which alone constitutes the commission of

Racketeering Act Four:

Conspiracy to Commit Bribery

21.

From in or about 2006, up through and including in

or about August 2007, in the Southern District of New York and

elsewhere, DOMINICK CAPELLI, a/k/a "Nicky Pepsi," STEVEN MAYER,

CLEMENTE CASTRACUCCO, and EDGAR CONCEPCION, the defendants, and

others known and unknown, unlawfully, willfully, knowingly, and

intentionally conspired to commit bribery, in violation of New

York State Penal Law Sections 105.05 and 200.00.

12

Attempted Bribery

22.

From in or about 2006, up through and including in

or about August 2007, in the Southern District of New York and

elsewhere, DOMINICK CAPELLI, a/k/a "Nicky Pepsi," STEVEN MAYER,

CLEMENTE CASTRACUCCO, and EDGAR CONCEPCION, the defendants, and

others known and unknown, unlawfully, willfully, and knowingly

conferred, offered to confer, and agreed to confer, or attempted

to confer, any benefit upon a public servant upon an agreement or

understanding that such public servant's vote, opinion, judgment,

action, decision or exercise of discretion as a public servant

will thereby be influenced, in violation of New York State Penal

Law Sections 110.00 and 200.00.

Racketeering Act Five:

Operation of Illegal Gambling Business

23.

From in or about October 2007, up through and

including in or about October 2008, in the Southern District of

New York and elsewhere, TOMISLAV DOBRILOVIC, a/k/a "Tommy D," the

defendant, and others known and unknown, unlawfully, willfully,

and knowingly advanced or profited from illegal gambling activity

by engaging in bookmaking to the extent that they received and

accepted in anyone day more than five bets totaling more than

five thousand dollars, in violation of New York State Penal Law

Sections 225.00, 225.10, and 20.00.

13

Racketeering Act six:

operation of Illegal Gambling Business

24.

The defendants named below committed the following

acts, either one of which alone constitutes the commission of

Racketeering Act six:

Illegal Gambling Under Federal Law

25.

From in or about December 2007, up through and

including in or about April 2008, in the Southern District of New

York and elsewhere, DOMINICK CAPELLI, a/k/a "Nicky Pepsi," and

others known and unknown, unlawfully, willfully, and knowingly

conducted, financed, managed, supervised, directed, and owned all

and part of an illegal gambling business, to wit, a sports

bookmaking operation, in violation of New York State Penal Law

Sections 225.00, 225.05, and 20.00, which business involved five

and more persons who conducted, financed, managed, supervised,

directed, and owned all and part of such business, and which

business had been and remained in substantially continuous

operation for a period in excess of thirty days and had gross

revenues of $2,000 in a single day, in violation of Title 18,

United States Code, Sections 1955 and 2.

Illegal Gambling Under State Law

26.

From in or about December 2007, up through and

including in or about April 2008, in the Southern District of New

York and elsewhere, DOMINICK CAPELLI, a/k/a "Nicky Pepsi," the

defendant, and others known and unknown, unlawfully, willfully,

14

and knowingly advanced or profited from illegal gambling activity

by engaging in bookmaking to the extent that they received and

accepted in anyone day more than five bets totaling more than

five thousand dollars, in violation of New York State Penal Law

Sections 225.00, 225.10, and 20.00

Racketeering Act Seven:

Conspiracy to Make and Collect Extortionate Extensions of Credit

27.

The defendants named below committed the following

acts, either one of which alone constitutes the commission of

Racketeering Act Seven:

Conspiracy to Make Extortionate Extensions of Credit

28.

From in or about January 2008, up through and

including in or about October 2008, in the Southern District of

New York and elsewhere, DOMINCK CAPELLI,

a/k/a

"Nicky Pepsi,"

JOHN ALEVIS,

a/k/a

"Baby John," PETER VELTRI, and TOMISLAV

DOBRILOVIC,

a/k/a

"Tommy D," the defendants, and others known and

unknown, unlawfully, willfully, and knowingly combined,

conspired, confederated, and agreed together and with each other

to make extortionate extensions of credit, as that term is

defined in Title 18, United States Code, Section 891, in

violation of Title 18, United States Code, Section 892.

Conspiracy to Collect Extensions of Credit through

Extortionate Means

29.

From in or about January 2008, up through and

including in or about October 2008, in the Southern District of

New York and elsewhere, DOMINCK CAPELLI,

a/k/a

"Nicky Pepsi,"

15

JOHN ALEVIS, a/k/a "Baby John," PETER VELTRI, and TOMISLAV

DOBRILOVIC, a/k/a "Tommy D," the defendants, and others known and

unknown, unlawfully, willfully, and knowingly combined,

conspired, confederated, and agreed together and with each other

to participate in the use of extortionate means to collect and

attempt to collect extensions of credit, as that term is defined

in Title 18, United States Code, Section 891, and to punish

persons for the failure to repay said extensions of credit, in

violation of Title 18, United States Code, Section 894.

(Title 18, United States Code, Section 1962(c).)

COUNT THREE

(Operating Illegal Gambling Businesses)

The Grand Jury further charges:

30.

From at least in or about May 2006, up through

and including in or about October 2007, in the Southern District

of New York and elsewhere, DOMINICK CAPELLI, a/k/a "Nicky Pepsi,"

JOHN ALEVIS, a/k/a "Baby John," STEVEN MAYER, CLEMENTE

CASTRACUCCO, PAUL CUZZO, ERNEST CUZZO, a/k/a "Butch," ANTHONY

CUZZO, VINCENT LAFACE, a/k/a "Little Vinny," THOMAS MANTEY, PAUL

AUST, a/k/a "Jay," and SETH TRUSTMAN, the defendants, and others

known and unknown, unlawfully, willfully, and knowingly

conducted, financed, managed, supervised, directed, and owned all

and part of illegal gambling businesses, to wit, the "Straddle

Club," located at 555 Third Avenue, New York, New York, and the

"Fairview Club," located at 109 West 27th Street, New York, New

16

York, in violation of New York State Penal Law Sections 225.00,

225.05, and 20.00, and which business involved five and more

persons who conducted, financed, managed, supervised, directed,

and owned all and part of it, and which business had been and

remained in substantially continuous operation for a period in

excess of thirty days and had gross revenues of $2,000 in a

single day.

(Title 18, united States Code, Sections 1955 and 2.)

COUNT FOUR

(Operating Illegal Gambling Business)

The Grand Jury further charges:

31.

From at least in or about the January 2008, up

through and including in or about October 2008, in the Southern

District of New York and elsewhere, DOMINICK CAPELLI,

a/k/a

"Nicky Pepsi," JOHN ALEVIS,

a/k/a

"Baby John," PETER VELTRI,

TOMISLAV DOBRILOVIC,

a/k/a

"Tommy D," and SETH TRUSTMAN, the

defendants, and others known and unknown, unlawfully, willfully,

and knowingly conducted, financed, managed, supervised, directed,

and owned all and part of an illegal gambling business, to wit,

an illegal gambling business located at 25 Beachwood Avenue,

Mount Vernon, New York, in violation of New York State Penal Law

Sections 225.00 and 225.05, and which business involved five and

more persons who conducted, financed, managed, supervised,

directed, and owned all and part of it, and which business had

been and remained in.substantially continuous operation for a

17

period in excess of thirty days and had gross revenues of $2,000

in a single day.

(Title 18, United States Code, Sections 1955 and 2.)

COUNT FIVE

(Operating Illegal Gambling Business)

The Grand Jury further charges:

32.

From at least in or about January 2007, up through

and including in or about June 2007, in the Southern District of

New York and elsewhere, DOMINICK CAPELLI, a/k/a "Nicky Pepsi,"

JOHN ALEVIS, a/k/a "Baby John," STEVEN MAYER, and EDGAR

CONCEPCION, the defendants, and others known and unknown,

unlawfully, willfully, and knowingly conducted, financed,

managed, supervised, directed, and owned all and part of an

illegal gambling business, to wit, the "National Card Room,"

located at 328 East 51st Street, New York, New York, in violation

of New York State Penal Law Sections 225.00 and 225.05, and which

business involved five and more persons who conducted, financed,

managed, supervised, directed, and owned all and part of it, and

which business had been and remained in substantially continuous

operation for a period in excess of thirty days and had gross

revenues of $2,000 in a single day.

(Title 18, United States Code, Sections 1955 and 2.)

18

COUNT SIX

(Operating Illegal Gambling Business)

The Grand Jury further charges:

33.

From at least in or about January 2008, up through

and including in or about October 2008, in the Southern District

of New York and elsewhere, JOHN ALEVIS, a/k/a nBaby John," SETH

TRUSTMAN, and MICHAEL SILVERMAN, the defendants, and others known

and unknown, unlawfully, willfully, and knowingly conducted,

financed, managed, supervised, directed, owned all and part of an

illegal gambling business, to wit, the npenthouse Club," located

at 330 East 38th Street, New York, New York, in violation of New

York State Penal Law Sections 225.00 and 225.05, and which

business involved five and more persons who conducted, financed,

managed, supervised, directed, and owned all and part of it, and

which business had been and remained in substantially continuous

operation for a period in excess of thirty days and had gross

revenues of $2,000 in a single day.

(Title 18, United States Code, Sections 1955 and 2.)

COUNT SEVEN

(Operating Illegal Gambling Business)

The Grand Jury further charges:

34.

From at least in or about December 2007, up

through and including in or about April 2008, in the Southern

District of New York and elsewhere, STEVEN MAYER, ANTHONY GARCIA,

a/k/a "Tony" and OSAMA GHOUBRIAL, a/k/a nSammy ," the defendants,

and others known and unknown, unlawfully, willfully, and

19

knowingly conducted, financed, managed, supervised, directed, and

owned all and part of an illegal gambling business, to wit, the

"Action City Club," located at 13-15 West 28th Street, New York,

New York, in violation of New York State Penal Law Sections

225.00 and 225.05, and which business involved five and more

persons who conducted, financed, managed, supervised, directed,

and owned all and part of it, and which business had been and

remained in substantially continuous operation for a period in

excess of thirty days and had gross revenues of $2,000 in a

single day.

(Title 18, United States Code, Sections 1955 and 2.)

COUNT EIGHT

(Operating Illegal Gambling Business)

The Grand Jury further charges:

35.

From at least in or about April 2007, up through

and including the date of this Indictment, in the Southern

District of New York and elsewhere, ANTHONY CUZZO, ERNEST CUZZO,

a/k/a

"Butch," PAUL CUZZO, and THOMAS MANTEY, the defendants, and

others known and unknown, unlawfully, willfully, and knowingly

conducted, financed, managed, supervised, directed, and owned all

and part of an illegal gambling business, to wit, a sports

bookmaking operation, in violation of New York State Penal Law

Sections 225.00 and 225.05, and which business involved five and

more persons who conducted, financed, managed, supervised,

directed, and owned all and part of it, and which business had

20

been and remained in substantially continuous operation for a

period in excess of thirty days and had gross revenues of $2,000

in a single day.

(Title 18, United States Code, Sections 1955 and 2.)

COUNT NINE

(Operating Illegal Gambling Business)

The Grand Jury further charges:

36.

From at least in or about December 2007, up

through and including in or about April 2008, in the Southern

District of New York and elsewhere, DOMINICK CAPELLI, a/k/a

"Nicky Pepsi," and PHILIP MERCURIO, the defendants, and others

known and unknown, unlawfully, willfully, and knowingly

conducted, financed, managed, supervised, directed, and owned all

and part of an illegal gambling business, to wit, a sports

bookmaking operation, in violation of New York State Penal Law

Sections 225.00 and 225.05, and which business involved five and

more persons who conducted, financed, managed, supervised,

directed, and owned all and part of it, and which business had

been and remained in substantially continuous operation for a

period in excess of thirty days and had gross revenues of $2,000

in a single day.

(Title 18, United States Code, Sections 1955 and 2.)

21

COUNT TEN

(Using Facility in Interstate Commerce in Aid of

Racketeering Enterprise)

The Grand Jury further charges:

37.

From in or about May 2006, up to and including in

or about August 2007, in the Southern District of New York and

elsewhere, DOMINICK CAPELLI, a!k!a "Nicky Pepsi," STEVEN MAYER,

CLEMENTE CASTRACUCCO, PAUL CUZZO, ANTHONY CUZZO, ERNEST CUZZO,

a!k!a "Butch," EDGAR CONCEPCION, VINCENT LAFACE, a!k!a "Little

Vinny," and PAUL AUST, a!k!a "Jay," the defendants, did travel

and use a facility in interstate commerce with intent to promote,

carryon, and facilitate the promotion and carrying on of an

unlawful activity, to wit, attempted bribery of a sergeant and a

detective with the NYPD in order to prevent law enforcement

action concerning various illegal gambling businesses, in

violation of New York law, and thereafter did perform and attempt

to perform an act to promote and facilitate the promotion and

carrying on of said unlawful activity, to wit, the defendants

made and received telephone calls over an interstate telephone

network to discuss bribery payments made to members of the NYPD

they believed to be corrupt, but who, in actuality, were acting

in undercover capacities as corrupt police officers, for

"protection" of various illegal gambling parlors operated by the

defendants.

(Title 18, United States Code, Sections 1952 and 2.)

22

COUNT ELEVEN

(Conspiracy To Make Extortionate

Extenions

Of Credit)

The Grand Jury further charges:

38.

From at least in or about January 2008, up through

and including in or about October 2008, in the Southern District

of New York and elsewhere, DOMINICK CAPELLI, a/k/a "Nicky Pepsi,"

JOHN ALEVIS, a/k/a "Baby John," PETER VELTRI, and TOMISLAV

DOBRILOVIC, a/k/a "Tommy D," the defendants, and others known and

unknown, unlawfully, willfully, and knowingly combined,

conspired, confederated, and agreed together and with each other

to make extortionate extensions of credit, as that term is

defined in Title 18, United States Code, Section 891, to wit, the

defendant and others operated a loansharking business.

(Title 18, united States Code, Section 892.)

COUNT TWELVE

(Conspiracy To Use Extortionate Means

To Collect Extensions Of Credit)

The Grand Jury further charges:

39.

From at least in or about January 2008, up through

and including in or about October 2008, in the Southern District

of New York and elsewhere, DOMINICK CAPELLI, a/k/a "Nicky Pepsi,"

JOHN ALEVIS, a/k/a "Baby John," PETER VELTRI, and TOMISLAV

DOBRILOVIC, a/k/a "Tommy D," the defendants, and others known and

unknown, unlawfully, willfully, and knowingly combined,

conspired, confederated, and agreed together and with each other

to participate in the use of extortionate means to collect and

23

attempt to collect extensions of credit from debtors, and to

punish such people for the non-repayment of said extensions of

credit, as those terms are defined in Title 18, United states

Code, Sections 891(5) and 891(7).

(Title 18, United States Code, Section 894.)

FORFEITURE ALLEGATION

40.

As the result of committing the offenses alleged

in Counts One through Twelve of this Indictment, ANDREW DISIMONE,

DOMINICK CAPELLI, a/k/a "Nicky Pepsi," JOHN ALEVIS, a/k/a "Baby

John," PETER VELTRI, TOMISLAV DOBRILOVIC, a/k/a "Tommy D," SETH

TRUSTMAN, STEVEN MAYER, CLEMENTE CASTRACUCCO, EDGAR CONCEPCION,

PAUL CUZZO, ERNEST CUZZO, a/k/a "Butch," ANTHONY CUZZO, VINCENT

LAFACE, a/k/a "Little Vinny," THOMAS MANTEY, PAUL AUST, a/k/a

"Jay," PHILIP MERCURIO, MICHAEL SILVERMAN, ANTHONY GARCIA, a/k/a

"Tony," and OSAMA GHOUBRIAL, a/k/a "Sammy," the defendants, shall

forfeit to the United States pursuant to 18 U.S.C.

§

981(a) (1) (C)

and 28 U.S.C.

§

2461, all property, real and personal, that

constitutes or is derived from proceeds traceable to the

violations of 18 U.S.C.

§

1951, including but not limited to the

following:

A sum of money equal to the amount of proceeds

obtained as a result of the foregoing offenses, for which the

defendants and their co-conspirators are jointly and severally

liable.

24

Substitute Asset Provision

41.

If any of the property described above as being

subject to forfeiture, as a result of any act or omission of the

defendants -

a.

cannot be located upon the exercise of due

diligence;

b.

has been transferred or sold to, or deposited with,

a third party;

c.

has been placed beyond the jurisdiction of the

court;

d.

has been substantially diminished in value; or

e.

has been commingled with other property which

cannot be divided without difficulty;

it is the intention of the United States, pursuant to Title 21,

United States Code, section 853(p), to seek forfeiture of any

other property of the defendants up to the value of the

forfeitable property.

(Title 18, united States Code, Sections 981 and

Title 28, United States Code, Section 2461(c».

PREET BHARARA

United States Attorney

25

Form No. USA-33s-274 (Ed. 9-25-58)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

- v. -

ANDREW DISIMONE,

DOMINICK CAPELLI,

JOHN ALEVIS,

PETER VELTRI,

TOMISLAV DOBRILOVIC,

SETH

TRUSTMAN,

STEVEN MAYER,

CLEMENTE CASTRACUCCO,

EDGAR CONCEPCION,

PAUL CUZZO,

ERNEST CUZZO,

ANTHONY CUZZO,

VINCENT LAFACE,

THOMAS MANTEY,

PAUL AUST,

PHILIP MERCURIO,

MICHAEL SILVERMAN,

ANTHONY GARCIA,

OSAMA GHOUBRIAL,

Defendants.

INDICTMENT

09 Cr.

(Title 18, United States Code, Sections 892, 894, 1952, 1955, 1962

and 2)

PREET BHARARA

ed States Attorney.

26