The Chicago Syndicate
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Friday, November 02, 2007

FBI Made "Deal with the Devil"

A former FBI agent accused of conspiring in a mob murder spree has been cleared of the sensational charges, but the vaunted law enforcement agency received a scathing rebuke from a judge in the process.

In a four-page decision that brought the trial of ex-agent Lindley DeVecchio to a stunning end Thursday, state Supreme Court Justice Gustin Reichbach said the FBI violated its own rules by allowing DeVecchio to court a known killer as an informant for well over a decade.

FBI Seal"In the face of the obvious menace posed by organized crime, the FBI was willing ... to make a deal with the devil," Reichbach said in a hushed Brooklyn courtroom. "At best, the FBI engaged in a policy of self-deception, not wanting to know the true facts about this informant-murderer whom they chose to employ."

The judge also referred to testimony by Linda Schiro, informant Gregory Scarpa's longtime girlfriend, that Scarpa had assisted the FBI in finding the bodies of slain civil rights workers in Mississippi. In 1964, she said, Scarpa shoved a gun into the mouth of a Mississippi Klansman — a threat that persuaded the man to reveal where the trio's bodies were buried.

"That a thug like Scarpa would be employed by the federal government to beat witnesses and threaten them at gunpoint to obtain information ... is a shocking demonstration of the government's unacceptable willingness to employ criminality to fight crime," the judge said.

Prosecutors had built their case on the word of Schiro, a mob mistress since she met Scarpa at age 16. Their hopes imploded Tuesday when two reporters surfaced with decade-old interviews showing that back then, she implicated DeVecchio in only one murder — not the four she testified about under oath.

District Attorney Charles Hynes said Thursday prosecutors would not have brought the case if they had heard the tapes beforehand. "It's that simple. We would not have prosecuted because it would have been so damaging to the central part of our case that it would have been unthinkable to proceed," he told reporters.

The judge threw out the case mid-trial, and DeVecchio walked out a free man to the applause of friends and former colleagues. "After almost two years, this nightmare is over," said DeVecchio, referring to the time since his indictment. "My question is, `Where do I go to get back my reputation?'"

Allegations about leaks from DeVecchio to the ruthless mobster known as "The Grim Reaper" began after Scarpa's 1994 death in a prison in Minnesota. A Department of Justice internal investigation found no reason to prosecute DeVecchio, who retired to Florida in 1996. But in March 2006, Brooklyn prosecutors announced DeVecchio's indictment on four murder counts, alleging the FBI agent had cooperated with the Colombo capo between 1987 and 1992 in exchange for cash, stolen jewelry, liquor — even prostitutes.

It wasn't until Schiro began testifying this week that the case reached its unexpected conclusion. The key prosecution witness was the lone direct link between DeVecchio and the murders.

Once she finished her first day of testimony, veteran reporter Tom Robbins came forward with tapes made in 1997, when he and fellow journalist Jerry Capeci interviewed Schiro for a never-published book.

Her account "was so disturbingly different, we couldn't sit on it," Robbins said outside court after the dismissal.

Schiro now faces possible perjury charges, said Assistant District Attorney Michael Vecchione. Because of the double jeopardy rule that a person can't be tried twice for the same crime, DeVecchio is free and clear of the charges.

A court-appointed attorney for Schiro said she stood by her recent sworn testimony, despite the discrepancies raised by the book interview. "She told the truth in court under oath," said the lawyer, Gary Farrell.

To celebrate the case's collapse, DeVecchio went to Sparks Steak House, the site of a notorious 1985 mob murder. Mafia boss "Big Paul" Castellano was gunned down outside the Manhattan eatery in a hit that eventually led to John Gotti's ascension as boss of the Gambino crime family.

"The food is good," DeVecchio said as he, his wife, lawyers and friends popped a bottle of champagne, according to the New York Post.

Thanks to Tom Hays

The Paragon

Thursday, November 01, 2007

Mafia Presidential Candidate Polling Results

Las week, Rudy Giuliani was reported to have been saved from assassination by the Mafia twenty years ago by a vote of the five crime family bosses. Two voted to have him killed and three voted to let him live. That's a sixty percent approval rating anyway you cut it.

Wednesday, October 31, 2007

Timeline: key figures, dates in 2000 Winnebago County jail lawsuit

The following are key events in the ongoing alleged jail overcrowding lawsuit in Winnebago County:

1976

* Winnebago County jail on State Street opens with 394 beds.

1989

* Timothy Chatmon imprisoned on alleged murder charges that were ultimately dropped years later. He currently awaits pardon from governor on the charge.

1993

* Voters reject proposed property tax increase to pay for 300-bed addition to existing jail.

1994

* Chatmon said attorney John F. Heckinger Jr. approached him to be a plaintiff in an alleged jail overcrowding lawsuit with inmate James Thomas.

* Heckinger files a similar lawsuit in nearby Stephenson County.

1995

* State Sen. Dave Syverson (R-34, Rockford) sponsors a bill that would allow certain counties to impose a sales tax for “public safety purposes.” In effect, the bill would switch funding sources for changes to the jail from property taxes to sales taxes.

* Winnebago County Board Chairman Gene Quinn (R) testifies in Springfield in support of Syverson’s bill.

* Chatmon is released from jail in February on appeals bond, only to be re-imprisoned about four months later by local officials on disputed drug and weapon charges.

1996

* Syverson’s bill becomes Illinois law.

1997

* Winnebao County agrees to settle first jail lawsuit, which includes a three-year moratorium on jail lawsuits. Chatmon said he received nothing from the settlement.

2000

* Jail lawsuit moratorium expires, and soon after a new jail lawsuit is filed in March.

* Chatmon said Heckinger asked him in March to be a plaintiff in a second alleged jail overcrowding lawsuit. Chatmon said the lawsuit was supposed to be about unsanitary conditions in the jail, but it devolved into a lawsuit about building a large, new jail.

* Chatmon earns parole, and is released from prison in December. He and his wife move to Texas after his release about one year later.

2001

* Winnebago County State’s Attorney Paul Logli chooses private practice attorney Paul R. Cicero to represent the county’s interests in the jail lawsuit.

* Chatmon’s son, Timothy C. Chatmon Jr., is jailed on robbery and weapons charges.

* Chatmon’s son is added as a plaintiff to the jail lawsuit because “there was a threat that the suit would be thrown out because I was out of jail,” Chatmon said.

2002

* Voters approve referendum for county-wide, one percentage-point, sales tax increase to be used for “public safety purposes.” The referendum campaign capitalized on citizen fears of criminals being released into the community, due to lack of jail beds.

2003

* Heckinger is charged by the state with unauthorized use of his clients’ money “for his own business or personal purposes,” and commingling one of his client’s funds.

* Winnebago County sales tax increases from 6.25 to 7.25 percent to pay for new jail and other public safety programs.

County agrees in federal court to build new jail.

* Winnebago County Board approves paying Chatmon’s attorneys $152,707.

2004

* Chatmon files a motion to “nullify” the agreement that stipulated building the jail. He begins search for new legal representation. Chatmon said he was not aware and did not approve of the agreement to build the new jail.

* Chatmon’s motion is denied by Federal District Court Judge Philip G. Reinhard on grounds his petition was untimely.

Heckinger has his law license suspended for 60 days.

* Chatmon received a letter from Heckinger that said the issue of compensation “will be” addressed “in 2007 or later.”

* County begins buying property and destroying structures to make way for the 80-foot high, 588,000 square-foot facility.

* Construction work begins to build the 1,212-bed jail.

2006

*Chatmon’s attorneys file a motion to drop his personal claims, but want to continue to represent the “classes” in the lawsuit. The court grants Heckinger’s request to drop Chatmon’s personal claims from the lawsuit in early 2007.

2007

* New jail opens

* Heckinger and his lawsuit partner, Attorney Thomas E. Greenwald, seek an additional $185,711 to the $152,707 they have already been paid from Winnebago County taxpayers for a total of $343, 418.

* Meanwhile, Cicero’s private law firm Cicero and France, P. C., have already been paid $356,865 from 2001 to 2007 for their legal services.

* Chatmon continues his quest for compensation for his personal claims in court. However, he is forced into representing himself without an attorney, and prospects for compensation appear dim.

Thanks to Jeff Havens. Mr Havens is a former staff writer and award-winning reporter for The Rock River Times, a weekly newspaper in Rockford, Ill.

Chicago-Style Clout in Winnebago County?

Attorneys representing Winnebago County’s interests in the nearly concluded federal jail lawsuit have already been paid $356,865 for legal services by the county from 2001 to 2007.

Attorney Paul R. Cicero of Cicero and France, P.C., also represented the county during Winnebago County’s first jail lawsuit, which spanned from 1994 to 1997. Figures regarding how much the firm was paid for the first jail lawsuit were not available at time of publication.

According to a source familiar with the selection process, Cicero was chosen to represent the county in the current jail lawsuit because of their “expertise,” and due to a lack of adequate staffing, time and resources in the county’s civil litigation division. The source wished to remain anonymous, due to their present occupation.

The source also said no county officials examined Cicero and France’s invoices before payment was made to verify the accuracy of the billings.

Clout counts?

In addition to expertise and lack of staff, clout may have also been a factor in the selection of Cicero as the county’s attorney in the two jail lawsuits.

According to the FBI file for Mob advisor Joseph Zito, Zito likely had interests in restaurant and bar known as the Playroom Lounge at 206 N. Church St. Cicero’s father, Mathew P. Cicero, who was also an attorney, was vice president and secretary of YDZ Corporation, which operated the Play Room.

Zito died in 1981. His funeral was attended by Chicago Mob boss Joseph Aiuppa, who died in 1997.

A July 17, 1969 article in the Rockford Morning Star indicated, Mat Cicero represented Anthony F. Calcione “in legal battles to keep the Play Room open after [former Rockford Mayor Benjamin] Schleicher refused to re-issue the lounge’s city license...until it obtain[ed] a state license.” The article indicated that YDZ’s corporation office was listed as Mat Cicero’s law office.

A different source familiar with the Rockford Mob structure alleged Calcione was a Mob associate who once operated two brothels in the Rockford area in the 1940s. Calcione died March 8, 1993 at age 79. A news article from the June 11, 1949 Rockford Register Republic regarding one of the brothels supports the sources’ assertion.

Paul Cicero did not respond to a question left at his office with his receptionist regarding why he believed the county chose him as their attorney. The receptionist said jail lawsuit questions are normally answered by the Winnebago County State’s Attorney’s office.

Thanks to Jeff Havens. Mr. Havens is a former staff writer and award-winning reporter for The Rock River Times, a weekly newspaper in Rockford, Ill.

Jail Lawsuit Attorney Submits Suspect Invoice

Rockford, Ill. attorney bills taxpayers for call that never occurred—others impossible to independently verify

By Jeff Havens

As the nearly eight-year federal jail lawsuit comes to a close, scrutiny of attorney invoices raises serious questions for which taxpayers and government officials may want answers.

Specifically, one bill, on line 10 of invoice 4813, may be a window into questionable billing practices by attorney John F. Heckinger Jr.—lead attorney in the 2000 jail lawsuit, which resulted in a significant local sales tax hike and construction of a new $160 million jail.

As the nearly eight-year federal jail lawsuit comes to a close, scrutiny of attorney invoices raises serious questions for which taxpayers and government officials may want answers.

Specifically, one bill, on line 10 of invoice 4813, may be a window into questionable billing practices by attorney John F. Heckinger Jr.—lead attorney in the 2000 jail lawsuit, which resulted in a significant local sales tax hike and construction of a new $160 million jail.

Heckinger and his lawsuit partner, attorney Thomas E. Greenwald, seek an additional $185,711 to the $152,707 they have already been paid by Winnebago County. If granted by the federal court, Heckinger and Greenwald will have received at least $343,418 for this second of two jail lawsuits in the past 13 years (see timeline online at www.rockrivertimes.com).

Mysterious 36 minutes

The bill in question for 36 minutes in legal services regards an alleged Nov. 14, 2005, telephone call from The Rock River Times. Heckinger claimed the call concerned the Winnebago County Jail and other undisclosed issues. For that time, Heckinger has asked to be paid $90.

However, a thorough examination of files and interviews with this newspaper’s staff indicates no such call or contact was ever made on that date or dates soon after or before the alleged call.

Two days after the alleged call, The Rock River Times published an article Nov. 16, 2005, in which Heckinger’s name was mentioned. However, Heckinger’s comment was not needed for the article, since the story was about how county officials prioritized spending jail tax money.

Had Heckinger’s comment been needed, the newspaper would have documented the date the call was made, whether there was an interview, or whether a message was left requesting comment. But no such documentation exists with The Rock River Times.

In addition, the Nov. 16, 2005, article titled “Jail tax spending priorities questioned” would have indicated whether Heckinger’s comment was sought for the article, regardless of whether he was available for an interview.

Heckinger avoids interview

Up until Oct. 29, 2007, Heckinger had never returned messages left at his office for comment about articles published during the past several years. Heckinger continued that trend for this article.

Despite numerous phone calls to Heckinger’s office and his receptionist’s indication that Heckinger wanted to interview, he was never available and never returned messages.

Lawsuit partner: 'I'm not going to comment'

When asked whether he examined all the invoices submitted in court, Greenwald responded that he had, and that he “totaled them up.”

However, he had no comment regarding invoices Heckinger submitted for payment. “I’m not going to comment on any invoices [submitted by] attorney Heckinger,” Greenwald said. “You would have to speak with him regarding that. ... I’m not going to comment on anything on his bills.”

Vague billing

When compared to Greenwald’s description of billings, Heckinger’s invoices are non-descript and impossible to verify without directly contacting Heckinger.

For example, for Nov. 1, 2005, Heckinger wrote: “Prep for settlement confer re. jail population issues.”

For the same day, Greenwald wrote: “Settlement conference; preparation for settlement conference, including review of jail population reports; conference with J.F. Heckinger.”

In another example, for Nov. 9, 2005, Heckinger wrote: “Letter from media and inmates re. overcrowding.”

There is no indication as to what news organization or inmates supposedly sent the letter.

In a similar bill regarding a letter, Greenwald wrote for March 15, 2004: “Review letter of Paul Cicero regarding accelerated program; memo to file.”

Plaintiff outraged

In addition to Heckinger submitting a bill allegedly regarding The Rock River Times, Greenwald, too, is seeking a similar payment for reading an article published earlier this year.

Greenwald is billing taxpayers $141 for the one hour he read an article Feb. 7, 2007, concerning Timothy Chatmon—lead plaintiff in the class-action lawsuit. The article, “Jail lawsuit plaintiff likely to receive nothing,” was published the same day Greenwald billed taxpayers.

Chatmon expressed outrage at the prospect of Heckinger and Greenwald receiving more money in a recent court filing. In the 12-page motion filed Oct. 19, Chatmon accused the court of abandoning its responsibility in the matter, racism, and for the federal court in Rockford to “recuse itself” from approving further payments to attorneys connected to the lawsuit.

Chatmon said the lawsuit was never about alleged jail overcrowding, as his attorneys asserted. Chatmon said the primary purpose of the lawsuit was to address adverse public health conditions in the facility—something he said could have, and should have, been easily addressed without constructing a new jail.

According to Chatmon, the primary issue he wished to address in the lawsuit included multiple use of shaving razors and toothbrushes by different inmates. The razors and toothbrushes were allegedly provided by jail staff.

If this were a routine practice, as Chatmon stated in his June 17, 2002, court deposition, the action could have transmitted disease-causing viruses and bacteria from one infected inmate to non-infected inmates—diseases such as hepatitis C, which Chatmon believes he contracted in jail. Chatmon’s alleged acquisition of hepatitis C while in jail is the basis for his personal claim that was once part of the lawsuit. But Chatmon’s personal claim was dropped from the lawsuit earlier this year. This comes in spite of promises made by Heckinger in a 2004 letter in which Heckinger said the issue of compensation would be addressed after the case concluded “in 2007 or later.”

Chatmon said in 2004 he wasn’t aware, and would have never approved of the 2003 agreement that called for building the new 588,000-square-foot jail. Chatmon described the lawsuit as fraudulent and deceptive.

Law license suspended

Questionable law practices are not new to Heckinger. Some of those practices led to Heckinger’s law license suspension for 60 days in 2004.

Heckinger was charged by the state in 2003 with “unauthorized” use of his clients’ money “for his own business or personal purposes,” and commingling one of his clients’ funds.

The Illinois Attorney Registration and Disciplinary Commission (ARDC) charged Heckinger with five counts of alleged unauthorized use of his clients’ funds totaling $12,634.92 from 1996 to 1999.

Heckinger was also charged with one count of failure to separate his money from his clients’ funds, which totaled $199,044. ARDC’s complaint also alleged Heckinger “used the [$199,044] funds...for personal and business purposes which were both related and unrelated to Respondent’s practice of law.”

Link to Mob-connected business

Like Heckinger’s invoices and handling of clients’ money, similar questions can also be asked about two of Heckinger’s real estate transactions. In 2003, Heckinger purchased two properties from Buckley Partners, LLC. The properties housed state offices for the Illinois attorney general and University of Illinois.

Specifically, the Illinois attorney general’s office leased office space from Buckley that in 1999 listed an alleged Mob soldier as one of its three “members.”

Buckley leased the property at 7230 Argus Drive on Rockford’s east side to the state’s top law enforcement agency beginning in 1999. Buckley also leased property at 417 Ware Ave., to one of the state’s top education institutions, the University of Illinois, starting in 1998.

Both properties were owned by Buckley from at least 1999 to November 2003, when they were sold to Heckinger for $4.35 million.

According to a disclosure statement Buckley filed with the state in 1999, one of the “members” of Buckley Partners was Salvatore “Sam” G. Galluzzo, who was identified in 1984 as a “mob soldier” in a Rockford Register Star article. Galluzzo’s name and photo were also the subject of exhibits in the recent “Operation Family Secrets” Mafia trial in Chicago (see “Former Rockford Cop Testified at ‘Family Secrets’ Mob Trial”).

Thanks to Jeff Havens. Mr. Havens is a former staff writer and award-winning reporter for The Rock River Times, a weekly newspaper in Rockford, Ill.

Affliction!

Affliction Sale

Flash Mafia Book Sales!