Still in the Mob at Almost 100?

Friends of ours: Lucky Luciano, Meyer Lansky, Carlo Gambino, Albert "Chinky" Facchiano, Corelone Crime Family, Genovese Crime Family, Matthew "Matty the Horse" Ianniello, John "Dapper Don" Gotti, Liborio "Barney" Bellomo, John Ardito

Lucky Luciano, Meyer Lansky and Carlo Gambino are long gone. Murder Inc. is out of business. Las Vegas has been so cleaned up it resembles Disneyland. And Havana? Forget about it since Castro took over. But Albert "Chinky" Facchiano, at 96, is still standing. And like Michael Corleone in "The Godfather III," he is still very much involved in the family business, according to the FBI.

At an age when most people are long retired and happy just to be alive, the reputed mobster was indicted earlier this year in Florida and New York. He is accused of trying to intimidate and possibly kill a witness against the powerful the Genovese family of New York in 2005. He is also accused of helping to run the rackets in Florida.

It was unclear whether Facchiano intended to break legs with his own gnarled, 96-year-old hands.

There have been plenty of elderly Mafia defendants, including 86-year-old Genovese family member Matthew "Matty the Horse" Ianniello, who pleaded guilty to federal charges recently in Connecticut. But prosecutors, defense lawyers and Mafia experts say they can't remember someone Facchiano's age facing crimes of such recent vintage.

"I don't think there's anybody older than him," said Jerry Capeci, author of several books on organized crime and operator of the Internet site ganglandnews. "The rule is, you go in alive and you go out dead. You're not allowed to quit."

It appears that Facchiano, also known as "The Old Man," lived up to that Mafia credo, according to prosecutors. Facchiano, born in 1910, has been a "made member" of the nation's largest and most powerful Mafia family for decades, but was a low-level figure, rising no higher than soldier, according to the FBI. His nickname is apparently a play on his last name.

He was a boy when Arnold Rothstein supposedly fixed the 1919 World Series. He was a young man during the Depression when he took his first arrest. He was entering middle age during La Cosa Nostra's go-go years in the 1940s and '50s, when the Mafia skimmed its share of America's postwar prosperity. And he was a senior citizen in the 1980s and '90s when John Gotti and other bosses were taken down by the FBI.

In Florida, Facchiano was indicted along with the reputed Genovese chief in the Miami area and several others on charges of extortion and racketeering. Prosecutors say Facchiano from 1994 to 2006 mainly supervised associates who committed such crimes as robbery, money laundering and bank fraud.

The New York indictment accuses Facchiano and more than 30 other alleged Genovese members, including acting family boss Liborio "Barney" Bellomo, of a range of mob-related crimes. Facchiano is accused specifically of trying in 2005 to locate and intimidate a government witness known as "Victim-5" in court papers.

In one conversation picked up on an FBI listening device, Genovese associate John Ardito said he and Facchiano were "the hit men" who were looking for Victim-5, according to federal prosecutors. Ardito traveled from New York to Florida to meet with Facchiano about Victim-5, who had "gone wrong," according to an FBI transcript.

Facchiano pleaded not guilty and is free on bail, living at a condominium in swank Bal Harbor with a daughter. Facchiano's lawyer in the Florida case, Brian McComb, would not discuss the charges. He said his client is in reasonably good health, apart from a bad back and difficulty hearing. "He's got the typical ailments of an almost 97-year-old man," McComb said. "From day to day, who knows? He seems like a very nice gentleman."

Facchiano's first arrest came in 1932, on robbery and receiving stolen goods charges out of Pittsburgh, according to an FBI rap sheet. He got a sentence of two to five years, then was arrested again in 1936 in New York on grand larceny charges and yet again in 1944 on a bookmaking count. The records do not show how much prison time he did, if any.

"Chinky" stayed relatively clean until 1979, when he was arrested on federal racketeering charges and got a 25-year sentence. He served eight years, winning release at age 79. Then, nothing until his twin arrests this year.

If convicted on all charges, Facchiano could be looking at a sentence of well over 60 years in prison. Given the slow pace of federal prosecutions, he could be nearly 100 by the time he is sentenced.

U.S. Bureau of Prisons records show that as of the end of 2003 - the last year complete records are available - there were 30 inmates 80 and older. Officials could not say whether anyone as old as Facchiano is behind bars in the federal system.

As for his chances of actually being sent to prison, Ryan King, policy analyst with the nonprofit Sentencing Project, said: "A judge might look at someone in their 90s and consider the likelihood of re-offending. Are they really going to go out and commit another crime?"

Capeci, the Mafia expert, said someone Facchiano's age might have some difficulty keeping up with the younger wiseguys if he does go free. "There's no way a guy at age 96 can threaten people, break legs, do the normal routine that guys 50 and 60 years younger can do," he said. "But the guy is, according to the rules of the Mafia, still a made guy. He still has to take orders from the superiors and do what they tell him."

Thanks to Curt Anderson