Chicago mob boss James "Little Jimmy" Marcello is complaining through his lawyers about the attempt by federal prosecutors to clear the air over how Marcello's father died.
Prosecutors noted in a court filing that Marcello's dad, Sam, was murdered while trying to collect a juice loan in 1973.
James Marcello has previously told court officers interviewing him about his past that his father died in a car accident or declined to discuss his father's death.
Marcello's attorneys had strong words for prosecutors revisiting the public record.
"To put it bluntly, the government's response is a cheap-shot," wrote Marcello's attorneys, Marc W. Martin and Thomas M. Breen, both of who received high praise for their defense of Marcello at trial.
The death of Marcello's father "bears no relevance to anything at issue in this sentencing."
Prosecutors noted that they were simply correcting the record after Marcello had declined to do so.
Steve, Is the government to release a new family tree/org chart of the outfit?
STEVE WARMBIR RESPONDS: That's usually been the role of the Chicago Crime Commission, so I wouldn't expect anything like that anytime soon.
Do you think his false explanation in regard to the death of his father is just a refusal to discuss Outfit business, or do you think he was involved in the murder of his father's murder?
STEVE WARMBIR RESPONDS: He's never been implicated in the murder of his father's killer, so it may simply be a refusal to discuss Outfit business.
But that's all speculation, since Marcello hasn't said why he's refused to talk about his father's death.
The Chicago Crime Commission has been saying for years that they're working on a new chart and are going to release it soon. But they haven't. The last one was back in 1997 and it wasn't that impressive. They oddly included cooperating witnesses, including Lenny Patrick, James LaValley, and numerous others, and claimed they were active Outfit members. Weird being that those guys flipped in the early 1990s, testified in open court against other mobsters, and were placed in the Witness Protection Program. So how can they be active members? That's like putting Sammy "the Bull" Gravano on a current chart of the Gambino Crime Family. It doesn't make any sense to do that.
Also, I think the CCC is a little gunshy about releasing a new chart. Back in 1997 when they first released their chart, it contained Betty Loren-Maltese's name and she threatened to sue the CCC. They were forced to remove her name. This was, of course, prior to her legal troubles, so she had ground to stand on at that time. (NOTE: If anyone ever orders the "New Faces of Organized Crime" report by the CCC in 1997, which included the Outfit chart, they will notice the chart's absence even though the book notes that the chart is in an insert. They have carefully removed the chart -- at least in my copy they did. It was as if they cut out the page with a razor -- a very clean but crooked cut. This, I'm certain, was their way of removing her name from the report. Therefore, buyer beware.)
So, as Mr. Warmbir wrote, don't expect a chart from the CCC anytime soon.
I do have a related question: I remember a few years back a Sun-Times article noted that the FBI released a list back in 1999 that included 48 or 49 names of made members in the Outfit. Has this list ever been published anywhere or was this list just given to a certain reporter (or reporters) on the condition that it not be published? If I remember correctly this FBI list was mentioned in that "First Family of Clout" series on the Roti family back in 2006.
STEVE WARMBIR RESPONDS: I'm not aware of the FBI list ever being published. Since the list is now 10 years old, I don't know if it would be of great interest.
Also, if I recall correctly, the FBI list and the Crime Commission list were similar in many respects.
Does the issue of how his father died make a difference in the consideration of his sentence?
STEVE WARMBIR RESPONDS: It makes no difference.
my call....the outfit is dead, has been for a long time...look at these defendants, all almost on oxygen tanks, in wheel chairs, etc. the point is where are the youngones? and all the crimes they were prosecuted for, well, they are pretty much at least from 20 or more years ago, and surely, the feds at that time following those guys have it all on video and audio tape, but did not prosecute then, but now as it makes a better story.....
i think organized crime is dead and if the crime commission which has outlived its usefulness and is a crime in and of itself by taking money from public and private sources, comes up with a family chart, it likely is a lie....
i say, just let those at mcc die with dignity, and put the chicago crime commission out of business as it has no purpose and those involved in it cannot say it does.
what do you think?
STEVE WARMBIR RESPONDS: I think you can make the case the Outfit is on its last legs, but I think it's premature to say it's dead.
There are still plenty of people out there with ties to the Outfit engaged in criminal behavior.
If you need any evidence of the power of the Outfit, look at the Hired Truck series in the Sun-Times and what we uncovered regarding various Outfit associates' ties to that program.
But if your point is that the Outfit is nowhere near as powerful as it was 40 years ago or more, I'd say you're correct.
I think the notion that the feds delayed their prosecution of more than a dozen murders because it makes it somehow more dramatic now, than to do it years ago, has no basis in reality.
I must say I admire those outfit guys you can call me a "fan" of it all. You gotta weed out the weak through process and elimination.
WE ON THE EAST WOULD LIKE TO SEE THE SENTENCING ANY CHANCE THE NEWS WILL SHOW , CLOWN ,THE BREEZE ,LIL J,MAYBE DOING A PERP WALK ,FOR THE MEDIA, WE DO IT ON THE EAST COAST,JOHN GOTTI,DA CHIN, FAT TONY, NICK SCARFO, SKINNY JOEY, EVEN BIG PAULIE , THE FEDS MADE THEM DO PERP ,WALKS,LOVE YOUR NEWSPAPER
STEVE WARMBIR RESPONDS: No chance. Law enforcement may do perp walks when suspects are arrested, but usually not when they are in custody awaiting sentencing
Since the sentencing is in federal court, you'll have to make do with the written accounts, since television cameras are not allowed in federal courtrooms here in Chicago.
STEVE WARMBIR RESPONDS: I'm not aware of the FBI list ever being published. Since the list is now 10 years old, I don't know if it would be of great interest.
Also, if I recall correctly, the FBI list and the Crime Commission list were similar in many respects.
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Well, it wouldn't be to see the current roster, but to see what they had back then.
It would obviously be dated.
Since 1999, there's been quite a few old-time made members who have died, which the FBI had to know were made members ... or else, of course, I wouldn't know they were made members.
These would include Angelo LaPietra (1999), Dominic Cortina (1999), Donald Angelini (2000), and Ernest Infelise (2005), to name a few.
The Outfit Dead?
If you think so:
1. Try to open a strip club or magazine shop
2. Try to open a private gambling operation
3. Try to open a legitimate restaurant on Oak St.
4. Try to win a contract from the city of Chicago
5. Try to open a video poker business in Illinois
You are likely to meet a live representattive at some point of the life cycle. I think the outfit is alive and well and will be for some time. A certain amount of outfit street business has fallen to street gangs. The outfit is more involved in making millions in more legitimae business and the streety crime seems to get the atttention.
I have to agree with Fred.
You guys have to face reality, there is'nt a "live representative" of whats left of todays mob to strike fear into anybody that is looking to have poker machines or run a gambling operation. I know a few guys that do and have no problems with anyone. Name me one vicious killer that is still around that is going to see enforce this. LOL
You raise a good point about the delay in prosecuting, Steve. Years ago, one of Carlos Marcellos' nephews, a fellow named Dominick, was a justice department employee. In NEW ORLEANS. Is it because mob families infiltrated the justice departmemnt that we saw no action?
STEVE WARMBIR RESPONDS: I'm not sure what point you're referring to, but I think at least in Chicago we've seen a lot of mob prosecutions in the last 20 years at the federal level, culminating in the Family Secrets case.
The Chicago Outfit once had significant influence in the Cook County court system but that was dismantled thanks in large part to Operation Gambat.
Agree with Fred as well.
Street gangs are the bulk of drug dealing, so the mob has moved into lower profile vices.