In a city infamous for crime and corruption, the top criminal defense lawyers are as colorful and cunning as their clients.
They are routinely faced with insurmountable government evidence – wiretaps, surveillance tapes, fingerprints and informants. And they also claim the Federal Rules of Criminal Procedure are weighted in favor of the government.
On top of this, their cold-blooded clients can make a lawyer's life hell – especially when they lose.
"I think it's very difficult to do what they do," said Chicago Tribune columnist John Kass, who has covered many corruption and mob trials in Chicago. "Their clients demand perfection. They're the kind of clients you don't want to anger."
This is a surprisingly small club, with only about 15 lawyers doing criminal defense work in U.S. District Court for the Northern District of Illinois on a regular basis.
Lawyers USA interviewed four prominent Chicago criminal defense lawyers: Joseph "The Shark" Lopez; Rick Halprin, Edward Genson and Steven R. Hunter. All have recently handled high-profile federal trials.
Whether grilling government witnesses on the stand or trying to convince jurors to spare cold-blooded killers, these lawyers are in a legal league of their own.
Joseph "The Shark" Lopez
Lopez is the only one of the four who actually looks the part of a "wise-guy" lawyer.
Wearing a black suit, black shirt, a black tie with bright slashes of color and a diamond ring with enough bling to make a rapper blush, Lopez, 52, could care less if people call him a "mob lawyer."
"I've been called a mob lawyer, gang lawyer. I've represented a lot of mobsters," he said.
He's also been called "Shark" since he was a youth; it's on his license plate and his e-mail address.
Lopez, who represented Frank Calabrese Sr., in last year's "Family Secrets" trial in Chicago, is not exactly media shy. He wrote his own blog (The Chicago Syndicate) about the trial while it was under way – until the judge ordered him to shut it down.
"He's promoted himself in every way possible," said fellow criminal lawyer Halprin, who represented another defendant in the Family Secrets trial. "That blog was outrageous."
Lopez is unrepentant: "The government was mad because I was criticizing them and their witnesses."
He plans to re-launch his blog this summer during the trial of client Gary Kimmel, a Chicago dentist charged with laundering money for a nationwide prostitution ring.
A native Chicagoan of Mexican/Italian heritage, Lopez graduated from the University of Illinois law school. He planned to specialize in divorce law, but was asked to help out in a drug case. "My friends were Colombian/Mexican drug [defendants]," he said. "They sent me over there because I was squeaky clean."
A large swordfish hangs on the wall of his cluttered office. "I tell my clients, 'See how that fish's mouth is open? That's how it got caught,'" he said, laughing loudly.
Sketches on the wall depict Lopez in several of his biggest cases. He represented Rev. Jesse Jackson's brother, Noah, in a money laundering case; and one of the teenage defendants in the infamous Lenard Clark case. Clark, a young black teenager, was savagely beaten by a group of white teenagers in 1997 as he rode his bike home through a predominantly white neighborhood.
Lopez has a trial scheduled for the end of March involving Fernando King, the head of the Latin Kings gang in Chicago, on drug and weapons charges.
Lopez said he's always confident going into the courtroom. "Most lawyers are afraid they're gong to lose, so they talk their clients into pleading guilty," he said. "I always think I'm going to win. Even if there are 300 witnesses, I convince myself I'm going to win."
Rick Halprin
In stark contrast to Lopez, Halprin, 68, looks more like a securities lawyer than a criminal defense attorney. Dressed conservatively in a blue shirt with white collar, red checked tie, suit pants and vest, he said he is careful not to call attention to himself. "The most important thing is never lose your credibility with the jury," he said. "When the trial is about the lawyer, you're dead. When it's an endless cross examination that goes nowhere, you're dead. And when you dress flashy instead of conservative, you're dead."
Thomas A. Durkin, a veteran criminal defense lawyer and partner in Durkin & Roberts in Chicago, described Halprin as "absolutely one of the very best courtroom lawyers in Chicago."
"He's extremely persuasive with juries; he's very smooth," Durkin said. "He can be very low-key when the situation calls for it, and he can be aggressive when that's appropriate."
Halprin bristles at the term "mob lawyer," even though he defended Joey "The Clown" Lombardo, 78, in the Family Secrets trial – the biggest mob trial in Chicago in years.
"I'm not a mob lawyer," he said. "I think it's absurd."
Lombardo, along with Calabrese and mob boss James Marcello, were convicted of a total of 10 murders.
Although Halprin and Lombardo had their "moments" of disagreement in the courtroom, Halprin said Lombardo didn't blame him for the verdict. "I know to the whole world he's a scary guy, but if you explain something to him enough times he gets it," Halprin said. "The trial is about the evidence. You've got to be a good cross-examiner, and I'm very good at it," said Halprin. "You [attack] the lifestyle of the main witness – but if you can't take out the corroborative evidence, in the end, jurors are collectively just too smart to be swayed by that."
According to columnist Kass, "It's difficult to represent the Chicago Outfit – especially when they insist, as Lombardo did, on putting themselves on the stand."
While Lombardo "tried hard" to curb his wise-guy comments on the stand, Halprin said, he couldn't resist a few cracks that elicited laughter from the audience, and a rebuke from the judge.
"Joey is Joey," said Halprin. "There's no way you can get someone to change their contentious nature or stop making inappropriate jokes. He is a very funny guy, but there's a time and a place – and this was neither. But he tried hard."
Halprin, who described himself as a wild youth, never graduated from high school. He joined the Marines at 17, and eventually got enough hours of college credit so he could get into law school. He graduated from John Marshall Law School and has been practicing since 1970.
He learned the local legal ropes from Frank Oliver, a renowned Chicago criminal lawyer.
Sitting in his office a block and a half away from the federal courthouse, Halprin – who has a deep voice reminiscent of TV talk show host Larry King – said he has no plans to retire.
"I'm having too much fun. There's nothing like a federal courtroom. Federal trials are so challenging and so difficult to win," he said. "I'm going to die in the courtroom."
Edward Genson
At 66, Genson is the dean of Chicago's criminal lawyers. Just don't call him a "mob lawyer."
Genson detests the term so much that he stopped talking to Chicago Sun-Times columnist Carol Marin after her description of Genson as a mob lawyer was picked up by Vanity Fair magazine.
"I was angry about it," he said. "At some point in my career I had a number of Italian politicians as clients. That was about 20 years ago, and it was never more than 10 percent of my practice."
In 43 years of practice, Genson has represented scores of well-known clients, including former Illinois Gov. George Ryan's aide Scott Fawell and lobbyist Larry Warner. Even young Hollywood star Shia LaBeouf called on Genson when he was arrested in Chicago last year for refusing to leave a Chicago drugstore. "A lovely young man," Genson said, noting that the charges against LaBeouf were dropped.
In a case that has dragged on for six years, Genson is currently defending rapper R. Kelly on charges of having sex with an underage girl. Kelly's trial will finally take place May 9, according to Genson, who quipped: "It has to take place sometime."
Genson was co-counsel in last year's trial of Canadian newspaper publisher Conrad Black, who was accused of mail fraud and obstruction of justice.
Although Genson was supposed to be second chair on the defense team, he wound up questioning 24 of the 28 witnesses and handling almost the entire closing argument.
On the day in early March that Black was scheduled to be sent to a federal prison in Florida on a six-year sentence, Genson was still critical of Canadian lead lawyer Eddie Greenspan's courtroom performance. "He was a very bright man and an extraordinarily good lawyer in Canada, but they can't work at this speed," he said.
The son of a Chicago bail bondsman, Genson remembers driving his father to police stations at night and sitting in courtrooms, listening to trial lawyers.
After graduating from Northwestern University Law School, he scrambled for clients, handling up to 100 trials a year. He still keeps a grueling pace, despite having suffered for years from dystonia, a neurological disorder that makes walking difficult, especially when he is tired or under stress.
Genson wears an arm sling while recuperating from recent shoulder surgery – the latest in a string of orthopedic surgeries related to his neurological condition. An electric wheelchair sits next to his desk in his office on the 14th floor of the 19th century Monadnock Building, across from the Federal Center.
Still, he has no thought of retiring. "Trial law is an all-encompassing kind of profession," he said. "It's your whole life when you're at trial. There's no such thing as sleeping with any regularity because you're always waking up with ideas. There's no such thing as weekends. When you occasionally go to a movie, you're thinking about what you should be doing the next day.
"A good trial lawyer just doesn't develop a whole lot of interests," he added. "So, what would I do if I retired?"
Despite his protestations, Genson has an obvious interest in art and antiques. The eclectic decorations in his office include: cowboy paintings by an art forger who testified as a government witness in one of his trials; a 19th Century desk he bought in London; a 16th Century Spanish credenza; and a portrait of Clarence Darrow, his idol.
Genson has a murder trial coming up in April, a money laundering trial set for June and a Medicaid fraud trial later this summer.
"I'll retire when they start laughing at me," he said. "So far, that hasn't happened."
Steven R. Hunter
Hunter, 45, knew from a young age he wanted to be a criminal lawyer. He remembers being inspired by the story of Atticus Finch in "To Kill a Mockingbird."
"Something about defending the underdog just appealed to me," Hunter said.
Originally from Grosse Isle, Mich., Hunter graduated from University of Michigan Law School in 1997 and headed for Chicago. "I knew I wanted to be in Chicago," Hunter said. "To me, Chicago is the greatest city in the world."
But without any connections, it wasn't easy. Hunter worked as an immigration lawyer for Catholic Charities, and then landed a job with the public defenders' office.
He spent eight and a half years defending child abusers, juveniles and street gang members. "I was dealing with people who were whipping their children with extension rods and coat hangers," he recalled.
Overloaded with cases and long hours, Hunter left in 1986 to start his own practice. He qualified for the federal trial bar and was appointed to the federal defenders' panel.
He recently defended Anthony Calabrese (no relation to Frank Calabrese), an alleged mob hit man who was convicted of armed robbery. He also represented Eural Black, a Chicago police officer convicted in January of robbing drug dealers while on duty.
Although many of his cases still come through the panel, Hunter is getting an increasing number of calls from private clients. "It's really a slow, grinding process where you start out small," said Hunter. "If you work hard enough for your clients, if you fight cases, as opposed to pleading everybody out, that snowballs, and eventually you wind up having a pretty good practice."
Thanks to Nora Tooher
Get the latest breaking current news and explore our Historic Archive of articles focusing on The Mafia, Organized Crime, The Mob and Mobsters, Gangs and Gangsters, Political Corruption, True Crime, and the Legal System at TheChicagoSyndicate.com
Sunday, April 13, 2008
Friday, April 11, 2008
Judge Takes No Action for Now on Alleged Threat by Mobster to US Attorney
The federal judge who presided over Chicago's biggest mob trial in years ruled Thursday that a threat allegedly uttered by one of the defendants during closing arguments calls for no immediate action.
It should be obvious that a defendant is not entitled to a new trial or any other relief merely because a juror observed his behavior in court, U.S. District Judge James B. Zagel said in a 12-page opinion.
"A defendant seeking relief in this instance is somewhat like the apocryphal child who murders his parents and then asks the court to have mercy on an orphan," Zagel said.
The jury convicted five defendants of taking part in a racketeering conspiracy that involved illegal gambling, extortion, loan sharking and 18 murders that went unsolved for decades.
Among the victims was Tony "The Ant" Spilotro, the mob's longtime man in Las Vegas and the inspiration for Joe Pesci's character in the movie "Casino." He and brother Michael Spilotro were beaten to death and buried in an Indiana cornfield in June 1986.
Other victims were strangled, beaten and shot to keep them from leaking secrets to the FBI, according to witnesses at the 10-week trial.
Several of those convicted at the trial argued that the alleged threat may have prejudiced the jury and one of them, mob boss James Marcello, asked for a new trial.
The alleged threat took place while Assistant U.S. Attorney Markus Funk delivered a closing argument for the government.
Four jurors told prosecutors after the trial that while Funk spoke, convicted loan shark and hit man Frank Calabrese Sr. said: "You are a (expletive) dead man," according to a letter from the government to Calabrese's lawyer last October.
The juror who made the initial report was "extremely credible" in saying he heard part of the sentence and saw Calabrese mouth the rest of it, Zagel said in his opinion Thursday. Prosecutors didn't hear it.
Zagel said he held a hearing at the request of the defendants but found no reason for further action now. The judge did say, however, that he would address the issue further when he rules on the defendants' post-trial motions.
It should be obvious that a defendant is not entitled to a new trial or any other relief merely because a juror observed his behavior in court, U.S. District Judge James B. Zagel said in a 12-page opinion.
"A defendant seeking relief in this instance is somewhat like the apocryphal child who murders his parents and then asks the court to have mercy on an orphan," Zagel said.
The jury convicted five defendants of taking part in a racketeering conspiracy that involved illegal gambling, extortion, loan sharking and 18 murders that went unsolved for decades.
Among the victims was Tony "The Ant" Spilotro, the mob's longtime man in Las Vegas and the inspiration for Joe Pesci's character in the movie "Casino." He and brother Michael Spilotro were beaten to death and buried in an Indiana cornfield in June 1986.
Other victims were strangled, beaten and shot to keep them from leaking secrets to the FBI, according to witnesses at the 10-week trial.
Several of those convicted at the trial argued that the alleged threat may have prejudiced the jury and one of them, mob boss James Marcello, asked for a new trial.
The alleged threat took place while Assistant U.S. Attorney Markus Funk delivered a closing argument for the government.
Four jurors told prosecutors after the trial that while Funk spoke, convicted loan shark and hit man Frank Calabrese Sr. said: "You are a (expletive) dead man," according to a letter from the government to Calabrese's lawyer last October.
The juror who made the initial report was "extremely credible" in saying he heard part of the sentence and saw Calabrese mouth the rest of it, Zagel said in his opinion Thursday. Prosecutors didn't hear it.
Zagel said he held a hearing at the request of the defendants but found no reason for further action now. The judge did say, however, that he would address the issue further when he rules on the defendants' post-trial motions.
Related Headlines
Family Secrets,
Frank Calabrese Sr.,
James Marcello,
Michael Spilotro,
Tony Spilotro
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The Mafiosi's Management Handbook
They're violent, they're ruthless, they have caused misery to many, but you can't fault their business sense: mafia bosses know how to make a profit. Its practices may be largely illegal, but Cosa Nostra is not as retrograde, or conservative, as it has often been portrayed. Its raison d'etre is profit. Like any business, it is pragmatic and constantly changing to exploit new opportunities.
Big business has learned how to sell itself to the public, with television shows such as The Apprentice and Dragons' Den granting us a view of harsh but compellingly competitive environments. Businessmen such as Sir Alan Sugar, Duncan Bannatyne and Peter Jones have become unlikely media personalities. But the mafia has been using these methods for years.
When Bernardo Provenzano took over the organisation in the mid-90s, he inherited a depleted and demoralised workforce, who had scuppered their own access to politics and industry. The bombs that killed anti-mafia judges Giovanni Falcone and Paolo Borsellino had created a PR disaster and a law enforcement backlash. Hundreds of mafiosi were in prison, and many of them were so disillusioned with the organisation that they were telling the authorities everything they knew.
Magistrates and mafiosi agree: Provenzano was the charismatic force who revived the fortunes of Cosa Nostra. It has been said of Provenzano, as of so many mafia entrepreneurs, that had he turned his talents and resources to legitimate business, he would have been extremely successful. Fortunately, the mafia's particular modus operandi - the use or threat of violence to create monopolies and price-fixing cartels - is not part of general business practice. But his "System" turned around a failing organisation with far-sighted tactics worthy of any business impresario. The fact that he wrote his reforms by letter means that we have what amounts to seven rules for running a successful business.
Rule 1: Submersion
When a company is failing, the first step is to take it below the radar. You want to lose that cursed epithet "troubled" as quickly as possible, even if it means disappearing from the business pages."It's the sensible thing to do - you bury your mistakes and get on with it," says Peter Wallis (known as Peter York in his other guise, as a social commentator), management consultant at SRU Ltd. You also want to buy shareholders' patience and convince them to hold their nerve and trust you.
"Our aim was to make Cosa Nostra invisible, giving us time to regroup," recalled Provenzano's lieutenant, Nino Giuffrè, who collaborated shortly after his arrest in 2002. After a series of power struggles that had left many dead, businessmen were understandably reluctant to return calls. Mafiosi were instructed to avoid any activity that would attract publicity. If a factory owner refused to pay protection, no one was to set fire to the machinery or blow up the trucks. Peaceful persuasion was the only way.
By contrast with the old-style system of shoot first and ask questions later, any hostile action would have to be thoroughly assessed for potential PR damage. "It was essential to weigh up whether a person could do more damage dead or alive," revealed Giuffrè.
Announcing his system, Provenzano warned that recovery would take time: members might have to wait between five and seven years before they were making profits again. Rebuilding links with business and politicians could only be done out of the glare of publicity. In relative obscurity, Cosa Nostra would be repositioned to shake off its parasitic image and become part of the industrial and political institutions.
Rule 2: Mediation
"Be calm, clear, correct and consistent, turn any negative experiences to account, don't dismiss everything people tell you, or believe everything you're told. Always try to discover the truth before you speak, and remember that, to make your judgment, it's never enough to have just one source of information."
This letter has been described as "a manifesto of Cosa Nostra under Bernardo Provenzano". After a decade of unspeakable violence under the previous leader, Totò Riina, Provenzano changed the culture of Cosa Nostra by instructing his men in the art of negotiation and the importance of dialogue.
Provenzano was decisive, and on occasion demanded swift and direct answers to his questions, but he could be a ditherer when it suited him. Playing for time, he encouraged his men to negotiate agreements between them. If that failed, Provenzano was at his typewriter night and day, offering his wisdom and experience (and just occasionally, a little double-dealing) to resolve disputes.
Like any company director, who carefully crafts his or her media persona, Provenzano didn't want to come across as a tyrant, he wanted to be a "kindly dictator". He coordinated the activities of different and competing groups, without imposing his will. He was the uncontested boss, but he gave the impression that his decisions were reached after long consultation.
Rule 3: Consensus
Provenzano answered letters from every level of society about job vacancies, exam results, local health and hospital administration. Like the charity work carried out by major corporations today, Provenzano was clear: the mafia must present itself as a positive element of society. The boss had to appear as a beneficent figure, an uncle whose advice and consent was sought on all matters - business and personal. He understood that persuading the people they need you is a far more effective way of promoting your business than imposition and violence.
"Let me know whatever [the people] need," he wrote to his adviser, "they must expect nothing but good from us."
One key step in the organisation's recovery was recapturing the popular consensus. The mafia has always relied on the obedience (goodwill might be putting it too strongly) of the community. In the business of selling protection, social control is essential: if your "clients" unite and rebel, you're in trouble.
Rule 4: Keep God on your side
Part of Provenzano's bid to reclaim the people's trust and rehabilitate Cosa Nostra with its traditional followers was to assume a mantle of piety. He presented himself in pastoral role - trustworthy and authoritative. His letters read like the parish priest's homily, and he would send his men tracts copied from the Bible.
Investigators tried hard to discover a hidden code beneath all the underlined passages in his Bible. In fact, it seems, he found them genuinely useful as leadership tools.
Provenzano's choice of tracts revealed, according to investigators, "a certain attention to rules, to punishments, guilt and vengeance, as though he were searching for some inspiration and authority to support him in his responsibilities and the decisions that were a necessary part of being the head of an organisation".
In an approach adopted by politicians including Tony Blair, Provenzano's letters contain the strong implication that God is exercising his will through him ("May the Lord bless you and keep you ... know that where I can be of use to you, with the will of God, I am completely at your disposal ... ").
The status as homespun churchgoer also worked for George Bush in his pursuit of popular consensus. "Bush's religion is very variable," comments Wallis. "He courts rightwing evangelicals but he doesn't buy the whole package; he merely wants to relate to them."
Rule 5: Be politically flexible
Businessmen from all walks of life and political persuasion usually find themselves co-opted on to a government advisory board eventually. The East End boy made good is not your traditional Labour supporter, but Sir Alan Sugar has reportedly been advising Gordon Brown on enterprise. "This government's not Labour, it's old-fashioned Tory," he says. "I prefer Gordon to Tony. Blair was refreshing but Brown is more like me. He has a strong work ethic."
Provenzano took this further, changing his political allegiance whenever it suited him. He looked for politicians who were prepared to pursue his self-serving demands for lighter sentences against convicted mafiosi, as well as the end of protection for collaborators. "Links were to be forged behind the scenes with politicians who had no trace of connection to scandal or sleaze," recalled Giuffrè. "If a politician was seen to be supported by men of honour of a certain rank, within 24 hours he'd be destroyed by the opposition."
Rule 6: Reinvention
In case of a political scandal, or a business failure, it is vital for the new boss to be able to distance himself from the whole affair. Indeed, he may find it useful to take on a new persona altogether. When Stuart Rose returned to Arcadia after three years to rescue it, he said: "What is interesting is that people here think I haven't changed, but I have been gone three years. I am not the same Stuart Rose, I have changed a lot."
With Provenzano's new directives, not only did the negative headlines cease, but he managed to dissociate himself from the scandals that had gone before. Like everyone else, he had emerged from Cosa Nostra's most violent decade with his reputation in tatters; his advisers helped him to "get his virginity back", in Giuffrè's interesting phrase. With the help of his PR-savvy advisers, he made sure no one associated him with the violent years, and created his image as the peacemaker.
"When I got out of prison," Giuffrè recalled, "I found Provenzano a changed man; from the hitman he once was, now he showed signs of saintliness."
Rule 7: Modesty
During his career, Provenzano transformed himself from a hired thug, to business investor, political mastermind and, ultimately, strategist and leader. Part of his mystique was that no one really knew whether he was a genius or an illiterate chancer. To emphasise his humble character and present himself as a simple man of the people he would write letters full of spelling and grammatical mistakes, and always signed off with the same humble apology: "I beg your forgiveness for the errors in my writing ..."
Every letter ends with the same saintly and affectionate benediction and an apology for grammatical errors. The bad spelling and schoolboy mistakes detracted nothing from the authority of its writer. For a man who moved easily in the worlds of business and politics, it was apparently part of a carefully constructed image. Investigators maintain his semi-literacy was a deliberate ruse.
It's a strategy that political and business leaders have used to good effect. "George Bush's family is as upper-class as you're going to get in the United States," says Wallis. "He is not a real Texan. To what extent he talks like that out of incompetence, to what extent it is crowd- pleasing, we don't know - but we know it works."
Similarly, Justin King, multimillionaire saviour of Sainsbury's, says: "I'm not a book reader ... I'm just a normal bloke." Sugar has never disavowed his East End roots, his upbringing in a Hackney council house. He doesn't give himself airs, but the point is still made: he grew up with no privileges, but he is the one with the power.
Provenzano took false modesty a step further, suggesting (almost entirely untruthfully) that he would rather have someone else in charge. "They want me to tell them what to do," he wrote, "but who am I to tell them how to conduct themselves? I can't give orders to anyone, indeed I look for someone who can give orders to me."
Unfortunately for him, since his arrest in 2006, his wishes have been fulfilled.
Courtesy of Clare Longrigg
Big business has learned how to sell itself to the public, with television shows such as The Apprentice and Dragons' Den granting us a view of harsh but compellingly competitive environments. Businessmen such as Sir Alan Sugar, Duncan Bannatyne and Peter Jones have become unlikely media personalities. But the mafia has been using these methods for years.
When Bernardo Provenzano took over the organisation in the mid-90s, he inherited a depleted and demoralised workforce, who had scuppered their own access to politics and industry. The bombs that killed anti-mafia judges Giovanni Falcone and Paolo Borsellino had created a PR disaster and a law enforcement backlash. Hundreds of mafiosi were in prison, and many of them were so disillusioned with the organisation that they were telling the authorities everything they knew.
Magistrates and mafiosi agree: Provenzano was the charismatic force who revived the fortunes of Cosa Nostra. It has been said of Provenzano, as of so many mafia entrepreneurs, that had he turned his talents and resources to legitimate business, he would have been extremely successful. Fortunately, the mafia's particular modus operandi - the use or threat of violence to create monopolies and price-fixing cartels - is not part of general business practice. But his "System" turned around a failing organisation with far-sighted tactics worthy of any business impresario. The fact that he wrote his reforms by letter means that we have what amounts to seven rules for running a successful business.
Rule 1: Submersion
When a company is failing, the first step is to take it below the radar. You want to lose that cursed epithet "troubled" as quickly as possible, even if it means disappearing from the business pages."It's the sensible thing to do - you bury your mistakes and get on with it," says Peter Wallis (known as Peter York in his other guise, as a social commentator), management consultant at SRU Ltd. You also want to buy shareholders' patience and convince them to hold their nerve and trust you.
"Our aim was to make Cosa Nostra invisible, giving us time to regroup," recalled Provenzano's lieutenant, Nino Giuffrè, who collaborated shortly after his arrest in 2002. After a series of power struggles that had left many dead, businessmen were understandably reluctant to return calls. Mafiosi were instructed to avoid any activity that would attract publicity. If a factory owner refused to pay protection, no one was to set fire to the machinery or blow up the trucks. Peaceful persuasion was the only way.
By contrast with the old-style system of shoot first and ask questions later, any hostile action would have to be thoroughly assessed for potential PR damage. "It was essential to weigh up whether a person could do more damage dead or alive," revealed Giuffrè.
Announcing his system, Provenzano warned that recovery would take time: members might have to wait between five and seven years before they were making profits again. Rebuilding links with business and politicians could only be done out of the glare of publicity. In relative obscurity, Cosa Nostra would be repositioned to shake off its parasitic image and become part of the industrial and political institutions.
Rule 2: Mediation
"Be calm, clear, correct and consistent, turn any negative experiences to account, don't dismiss everything people tell you, or believe everything you're told. Always try to discover the truth before you speak, and remember that, to make your judgment, it's never enough to have just one source of information."
This letter has been described as "a manifesto of Cosa Nostra under Bernardo Provenzano". After a decade of unspeakable violence under the previous leader, Totò Riina, Provenzano changed the culture of Cosa Nostra by instructing his men in the art of negotiation and the importance of dialogue.
Provenzano was decisive, and on occasion demanded swift and direct answers to his questions, but he could be a ditherer when it suited him. Playing for time, he encouraged his men to negotiate agreements between them. If that failed, Provenzano was at his typewriter night and day, offering his wisdom and experience (and just occasionally, a little double-dealing) to resolve disputes.
Like any company director, who carefully crafts his or her media persona, Provenzano didn't want to come across as a tyrant, he wanted to be a "kindly dictator". He coordinated the activities of different and competing groups, without imposing his will. He was the uncontested boss, but he gave the impression that his decisions were reached after long consultation.
Rule 3: Consensus
Provenzano answered letters from every level of society about job vacancies, exam results, local health and hospital administration. Like the charity work carried out by major corporations today, Provenzano was clear: the mafia must present itself as a positive element of society. The boss had to appear as a beneficent figure, an uncle whose advice and consent was sought on all matters - business and personal. He understood that persuading the people they need you is a far more effective way of promoting your business than imposition and violence.
"Let me know whatever [the people] need," he wrote to his adviser, "they must expect nothing but good from us."
One key step in the organisation's recovery was recapturing the popular consensus. The mafia has always relied on the obedience (goodwill might be putting it too strongly) of the community. In the business of selling protection, social control is essential: if your "clients" unite and rebel, you're in trouble.
Rule 4: Keep God on your side
Part of Provenzano's bid to reclaim the people's trust and rehabilitate Cosa Nostra with its traditional followers was to assume a mantle of piety. He presented himself in pastoral role - trustworthy and authoritative. His letters read like the parish priest's homily, and he would send his men tracts copied from the Bible.
Investigators tried hard to discover a hidden code beneath all the underlined passages in his Bible. In fact, it seems, he found them genuinely useful as leadership tools.
Provenzano's choice of tracts revealed, according to investigators, "a certain attention to rules, to punishments, guilt and vengeance, as though he were searching for some inspiration and authority to support him in his responsibilities and the decisions that were a necessary part of being the head of an organisation".
In an approach adopted by politicians including Tony Blair, Provenzano's letters contain the strong implication that God is exercising his will through him ("May the Lord bless you and keep you ... know that where I can be of use to you, with the will of God, I am completely at your disposal ... ").
The status as homespun churchgoer also worked for George Bush in his pursuit of popular consensus. "Bush's religion is very variable," comments Wallis. "He courts rightwing evangelicals but he doesn't buy the whole package; he merely wants to relate to them."
Rule 5: Be politically flexible
Businessmen from all walks of life and political persuasion usually find themselves co-opted on to a government advisory board eventually. The East End boy made good is not your traditional Labour supporter, but Sir Alan Sugar has reportedly been advising Gordon Brown on enterprise. "This government's not Labour, it's old-fashioned Tory," he says. "I prefer Gordon to Tony. Blair was refreshing but Brown is more like me. He has a strong work ethic."
Provenzano took this further, changing his political allegiance whenever it suited him. He looked for politicians who were prepared to pursue his self-serving demands for lighter sentences against convicted mafiosi, as well as the end of protection for collaborators. "Links were to be forged behind the scenes with politicians who had no trace of connection to scandal or sleaze," recalled Giuffrè. "If a politician was seen to be supported by men of honour of a certain rank, within 24 hours he'd be destroyed by the opposition."
Rule 6: Reinvention
In case of a political scandal, or a business failure, it is vital for the new boss to be able to distance himself from the whole affair. Indeed, he may find it useful to take on a new persona altogether. When Stuart Rose returned to Arcadia after three years to rescue it, he said: "What is interesting is that people here think I haven't changed, but I have been gone three years. I am not the same Stuart Rose, I have changed a lot."
With Provenzano's new directives, not only did the negative headlines cease, but he managed to dissociate himself from the scandals that had gone before. Like everyone else, he had emerged from Cosa Nostra's most violent decade with his reputation in tatters; his advisers helped him to "get his virginity back", in Giuffrè's interesting phrase. With the help of his PR-savvy advisers, he made sure no one associated him with the violent years, and created his image as the peacemaker.
"When I got out of prison," Giuffrè recalled, "I found Provenzano a changed man; from the hitman he once was, now he showed signs of saintliness."
Rule 7: Modesty
During his career, Provenzano transformed himself from a hired thug, to business investor, political mastermind and, ultimately, strategist and leader. Part of his mystique was that no one really knew whether he was a genius or an illiterate chancer. To emphasise his humble character and present himself as a simple man of the people he would write letters full of spelling and grammatical mistakes, and always signed off with the same humble apology: "I beg your forgiveness for the errors in my writing ..."
Every letter ends with the same saintly and affectionate benediction and an apology for grammatical errors. The bad spelling and schoolboy mistakes detracted nothing from the authority of its writer. For a man who moved easily in the worlds of business and politics, it was apparently part of a carefully constructed image. Investigators maintain his semi-literacy was a deliberate ruse.
It's a strategy that political and business leaders have used to good effect. "George Bush's family is as upper-class as you're going to get in the United States," says Wallis. "He is not a real Texan. To what extent he talks like that out of incompetence, to what extent it is crowd- pleasing, we don't know - but we know it works."
Similarly, Justin King, multimillionaire saviour of Sainsbury's, says: "I'm not a book reader ... I'm just a normal bloke." Sugar has never disavowed his East End roots, his upbringing in a Hackney council house. He doesn't give himself airs, but the point is still made: he grew up with no privileges, but he is the one with the power.
Provenzano took false modesty a step further, suggesting (almost entirely untruthfully) that he would rather have someone else in charge. "They want me to tell them what to do," he wrote, "but who am I to tell them how to conduct themselves? I can't give orders to anyone, indeed I look for someone who can give orders to me."
Unfortunately for him, since his arrest in 2006, his wishes have been fulfilled.
Courtesy of Clare Longrigg
Town Debates Merits of Serving as Location for Latest Mob Movie
An old saying in the media holds that there is no such thing as bad advertisement. But news that Saginaw will provide the backdrop for a Mafia movie doesn't exactly tout the region's best features.
"Street Boss" is set to begin filming Tuesday, April 29. Philip R. Kerby, a retired FBI agent and former chief of its Saginaw bureau, says the movie is based on the FBI's real-life takedown of Detroit's most notorious mobsters.
The plot doesn't involve Saginaw but the community's role as a filming location makes it a supporting character of sorts, not to mention an important anecdote in the film's production.
Kerby promises the feature will star "names you'll know" despite an independent film-sized budget. The Hollywood casting director on board has placed actors in such shows as "Without a Trace," "ER," "The Sopranos" and "The Longest Yard." So "Street Boss" has the potential to make some noise at box offices nationally.
If that's the case, Saginaw will get face time with plenty of moviegoers. That's a ticket Flint rode to success during last year's filming and this year's premiere of the Will Ferrell basketball comedy, "Semi Pro."
The difference: "Street Boss" is no funny business.
We aren't discouraging the filming of the movie in Saginaw. Bringing Hollywood to this area is an economic opportunity and a chance for Saginawians to participate in the wonders of cinema-making.
However, community leaders should practice caution and consider the subject matter before embracing the movie as a homegrown product in the way Flint has adopted "Semi Pro."
In short, feel happy that a production team has chosen Saginaw but don't shine a light bright enough that it could highlight the unfortunate parallels between the movie and the filming location.
Flint seemed to roll out the red carpet when moviemakers came to town, welcoming the retro vibe of the film's 1970s-era plot. Every day on the set seemed to produce a news event. The opening screening resembled something out of Hollywood.
Saginaw shouldn't do the same for "Street Boss." Violence and shady characters make for sexy cinema, but Saginaw doesn't need to celebrate the macabre nature of organized crime. Not when the community has struggled for decades with its own real-life violence and shady characters.
Coincidentally, Kerby is familiar with Saginaw's criminal back story. During his tenure at the FBI bureau, he played a role in the Saginaw Gang Crime Task Force -- a coalition of city, county, state and federal law enforcement agents -- that began tackling the youth gang problem in 1994.
Organized crime began in Saginaw long before then and remains a problem today. A modern-day equivalent of that policing conglomerate arrested 15 Saginaw gang members in February and prosecutors have put them up on federal charges.
Police say the gang problem is subsiding but still present. The stereotype of Saginaw as a violent gangland certainly remains, deserved or not.
Promoting the region as the home of a Mafia movie's filming probably isn't the best way to escape that typecast.
Maybe there is such a thing as bad advertisement.
The Saginaw News
"Street Boss" is set to begin filming Tuesday, April 29. Philip R. Kerby, a retired FBI agent and former chief of its Saginaw bureau, says the movie is based on the FBI's real-life takedown of Detroit's most notorious mobsters.
The plot doesn't involve Saginaw but the community's role as a filming location makes it a supporting character of sorts, not to mention an important anecdote in the film's production.
Kerby promises the feature will star "names you'll know" despite an independent film-sized budget. The Hollywood casting director on board has placed actors in such shows as "Without a Trace," "ER," "The Sopranos" and "The Longest Yard." So "Street Boss" has the potential to make some noise at box offices nationally.
If that's the case, Saginaw will get face time with plenty of moviegoers. That's a ticket Flint rode to success during last year's filming and this year's premiere of the Will Ferrell basketball comedy, "Semi Pro."
The difference: "Street Boss" is no funny business.
We aren't discouraging the filming of the movie in Saginaw. Bringing Hollywood to this area is an economic opportunity and a chance for Saginawians to participate in the wonders of cinema-making.
However, community leaders should practice caution and consider the subject matter before embracing the movie as a homegrown product in the way Flint has adopted "Semi Pro."
In short, feel happy that a production team has chosen Saginaw but don't shine a light bright enough that it could highlight the unfortunate parallels between the movie and the filming location.
Flint seemed to roll out the red carpet when moviemakers came to town, welcoming the retro vibe of the film's 1970s-era plot. Every day on the set seemed to produce a news event. The opening screening resembled something out of Hollywood.
Saginaw shouldn't do the same for "Street Boss." Violence and shady characters make for sexy cinema, but Saginaw doesn't need to celebrate the macabre nature of organized crime. Not when the community has struggled for decades with its own real-life violence and shady characters.
Coincidentally, Kerby is familiar with Saginaw's criminal back story. During his tenure at the FBI bureau, he played a role in the Saginaw Gang Crime Task Force -- a coalition of city, county, state and federal law enforcement agents -- that began tackling the youth gang problem in 1994.
Organized crime began in Saginaw long before then and remains a problem today. A modern-day equivalent of that policing conglomerate arrested 15 Saginaw gang members in February and prosecutors have put them up on federal charges.
Police say the gang problem is subsiding but still present. The stereotype of Saginaw as a violent gangland certainly remains, deserved or not.
Promoting the region as the home of a Mafia movie's filming probably isn't the best way to escape that typecast.
Maybe there is such a thing as bad advertisement.
The Saginaw News
FBI Secret Files on Mobster Ken Eto
Ken "Tokyo Joe" Eto died four years ago, but the secret files that were kept on him are being revealed for the first time.
The secret files on Tokyo Joe prove that Ken Eto was different than your normal, everyday Chicago mobster.
He ran an Outfit gambling racket in cahoots with black street gang leaders. But most memorable: 25 years ago he became the only Outfit boss to survive a mob hit. In 1983, Ken Eto became the first hoodlum ever to experience a gangland hangover when a half dozen bullets squeezed from a silencer-equipped pistol, somehow ricocheted off his skull. At the time of the botched assassination, FBI agents had been following Eto and typing reports on him since the early 1950s.
What grew into a foot-tall stack of files was just obtained for the first time by the I-Team under the Freedom of Information Act. The records reveal that hundreds of agents in dozens of cities had tried for decades to pin something on Eto, but failed. The FBI list of Eto's numerous aliases may be politically incorrect by today's standards, but tokyo joe's craftiness helped turn an illegal numbers racket into an illicit empire.
"We analyzed it. It was $150,000 to $200,000 a week he was managing," said Elaine Smith, former FBI agent.
We interviewed Smith as she retired from the FBI - her work as case agent on Ken Eto the highlight of her career. According to the secret files of Tokyo Joe, his gambling business known as Bolito thrived on payoffs to Chicago policemen totaling $3,000 a week.
Eto's criminal rap sheet in the file begins in 1942 in Tacoma, Washington, where he was among four Japanese Americans sentenced for violating a wartime curfew. After coming to Chicago in 1949, Eto grew into a mob sleeper boss believed the FBI on a par with the famous New York mafioso Meyer Lansky.
Shortly after the assassination of President Kennedy, federal agents suspicious of a Chicago mob role in the JFK murder questioned Eto about Lee Harvey Oswald and Jack Ruby. FBI reports say Eto claimed to know nothing.
In 1983 Outfit bosses tried to rub him out for one reason, according to the secret files. Mob bosses feared that since the FBI had caught Eto red-handed running Bolito wagers and he'd pleaded guilty, that he might be tempted to talk. So they gave Eto an invitation he couldn't refuse.
"He knew he had to go to this dinner meeting. He really was 90 percent sure he was going to be shot, so he took a bath and he put on his best clothes, and he told his wife where the insurance policy was," Smith said.
Files reveal Vincent Solano ordered the murder. He was an Outfit capo at the time and head of the corrupt laborers union Local One. After surviving the attack, Eto was hooded when he told a U.S. Senate panel what happened.
Solano died of natural causes, never charged in the Eto attack. The two gunman who tried to kill Tokyo Joe had used bad ammo and soon after were themselves disposed of in a car trunk. Eto then became the government's highest ranking hoodlum ever to turn government witness.
The FBI began a secret investigation that we now know from the files was code-named "Operation Sun-Up" a clever turn on the symbol of Eto's native Japan. And because of his testimony, dozens of top Chicago mob figures were convicted and put away.
Whether or not Eto got his outfit nickname from an old Bogart movie, there will soon be a new movie also called Tokyo Joe. The life story of Ken Eto is being made by Japanese filmmakers and due to be finished next month.
Eto died in 2004 at the age of 84. And even though he survived a gangland hit, he didn't live as long as he thought he would. When he was still in the mob, a smart-aleck Eto told federal agents that he'd be happy to discuss his Outfit business when he was 90 years old and living on a beach somewhere.
Thanks to Chuck Goudie
The secret files on Tokyo Joe prove that Ken Eto was different than your normal, everyday Chicago mobster.
He ran an Outfit gambling racket in cahoots with black street gang leaders. But most memorable: 25 years ago he became the only Outfit boss to survive a mob hit. In 1983, Ken Eto became the first hoodlum ever to experience a gangland hangover when a half dozen bullets squeezed from a silencer-equipped pistol, somehow ricocheted off his skull. At the time of the botched assassination, FBI agents had been following Eto and typing reports on him since the early 1950s.
What grew into a foot-tall stack of files was just obtained for the first time by the I-Team under the Freedom of Information Act. The records reveal that hundreds of agents in dozens of cities had tried for decades to pin something on Eto, but failed. The FBI list of Eto's numerous aliases may be politically incorrect by today's standards, but tokyo joe's craftiness helped turn an illegal numbers racket into an illicit empire.
"We analyzed it. It was $150,000 to $200,000 a week he was managing," said Elaine Smith, former FBI agent.
We interviewed Smith as she retired from the FBI - her work as case agent on Ken Eto the highlight of her career. According to the secret files of Tokyo Joe, his gambling business known as Bolito thrived on payoffs to Chicago policemen totaling $3,000 a week.
Eto's criminal rap sheet in the file begins in 1942 in Tacoma, Washington, where he was among four Japanese Americans sentenced for violating a wartime curfew. After coming to Chicago in 1949, Eto grew into a mob sleeper boss believed the FBI on a par with the famous New York mafioso Meyer Lansky.
Shortly after the assassination of President Kennedy, federal agents suspicious of a Chicago mob role in the JFK murder questioned Eto about Lee Harvey Oswald and Jack Ruby. FBI reports say Eto claimed to know nothing.
In 1983 Outfit bosses tried to rub him out for one reason, according to the secret files. Mob bosses feared that since the FBI had caught Eto red-handed running Bolito wagers and he'd pleaded guilty, that he might be tempted to talk. So they gave Eto an invitation he couldn't refuse.
"He knew he had to go to this dinner meeting. He really was 90 percent sure he was going to be shot, so he took a bath and he put on his best clothes, and he told his wife where the insurance policy was," Smith said.
Files reveal Vincent Solano ordered the murder. He was an Outfit capo at the time and head of the corrupt laborers union Local One. After surviving the attack, Eto was hooded when he told a U.S. Senate panel what happened.
Solano died of natural causes, never charged in the Eto attack. The two gunman who tried to kill Tokyo Joe had used bad ammo and soon after were themselves disposed of in a car trunk. Eto then became the government's highest ranking hoodlum ever to turn government witness.
The FBI began a secret investigation that we now know from the files was code-named "Operation Sun-Up" a clever turn on the symbol of Eto's native Japan. And because of his testimony, dozens of top Chicago mob figures were convicted and put away.
Whether or not Eto got his outfit nickname from an old Bogart movie, there will soon be a new movie also called Tokyo Joe. The life story of Ken Eto is being made by Japanese filmmakers and due to be finished next month.
Eto died in 2004 at the age of 84. And even though he survived a gangland hit, he didn't live as long as he thought he would. When he was still in the mob, a smart-aleck Eto told federal agents that he'd be happy to discuss his Outfit business when he was 90 years old and living on a beach somewhere.
Thanks to Chuck Goudie
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