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Mafia Underboss is Harmless
Mafia underboss is harmless, lawyer says
Magistrate is urged to release DiNunzio on bail in bribe case
Carmen "The Cheese Man" DiNunzio is accused of paying a bribe.
By Shelley Murphy, | May 14, 2008
Reputed New England Mafia underboss Carmen "The Cheese Man" DiNunzio may have been caught on an FBI tape delivering a bribe to secure a Big Dig contract and threatening to throw an associate off a roof, but he never hurt anyone, his lawyer argued yesterday in federal court.
"Don't take him by his words; take him by his actions," Boston lawyer Anthony Cardinale said, arguing that DiNunzio, who owns a cheese shop in Boston's North End, is not dangerous and should be released on bail while awaiting trial on a federal charge of conspiracy to commit bribery.
US Magistrate Judge Judith G. Dein took under advisement the request for bail for DiNunzio and Anthony D'Amore, 55, a convicted drug dealer from Revere. A third man charged in the case - trucking company owner Andrew Marino, 42, of Chelmsford - was released on bail May 2.
DiNunzio, 50, of East Boston, and his two associates are accused of paying a $10,000 bribe in September 2006 to an undercover FBI agent posing as a corrupt Massachusetts highway inspector, in a bid to secure a $6 million contract to provide 300,000 cubic yards of loam, a soil mix, to the Big Dig.
Cardinale told the court that DiNunzio, who has been jailed since his May 2 arrest, refused to retaliate after the deal fell apart in December 2006 and that the man he believed was a corrupt state official kept his money.
A longtime associate of DiNunzio's, who was secretly cooperating with the FBI and has not been publicly identified, tried to goad DiNunzio into going after the undercover agent, Cardinale said.
The associate told DiNunzio that the undercover agent was laughing at him and, according to Cardinale, sent a message saying: "You're an idiot. You're all done. You're not getting your money back."
Yet DiNunzio never went after the undercover agent, Cardinale said. "Nothing happens."
Also during yesterday's hearing, Assistant US Attorney Peter K. Levitt played an FBI tape of a Sept. 27, 2006, meeting in which a man whom prosecutors identified as D'Amore told the cooperating witness that after he made money on the loam deal, he planned to give DiNunzio $50,000 to distribute among a group of convicted mobsters who were about to be released after years in prison.
"Listen, there's a bunch of nice guys coming home," said D'Amore, according to the tape.
He mentioned Vinnie Federico, one of four soldiers who pricked their trigger fingers, burned holy cards, and pledged to kill for the Mafia during an induction ceremony in Medford in October 1989 that was bugged by the FBI.
"He did [expletive] 30 years, that guy," D'Amore said. "He's just coming home in another month or two. Going to come home. He's getting married, whatever. You know what I mean."
William Fick, a federal defender who was appointed to represent D'Amore, argued that his client was just showing empathy for men who were coming out of prison with no money.
But FBI Special Agent Michael J. Kelly testified that the payments would have put D'Amore in a good position to engage in criminal activities with his mobster associates.
Levitt urged the magistrate to keep DiNunzio and D'Amore jailed until the case is resolved.
He described DiNunzio as the boss of La Cosa Nostra, better known as the Mafia, in Boston and the underboss, or second in command, of the New England crime family that is allegedly run by Luigi Manocchio of Providence.
"The defendant is a serious risk of obstruction of justice and a threat to witnesses," said Levitt, referring to FBI tapes of DiNunzio allegedly boasting that he was "The Cheese Man," guaranteeing that the loam deal would go through, and bragging that he was ready to throw one of his associates off a roof for jeopardizing the deal.
The prosecutor said DiNunzio could face up to nine years in prison under federal sentencing guidelines if convicted of the bribery charge.
But Cardinale insisted that DiNunzio faces only about 41 months and would not expose himself to more charges by threatening witnesses if released on bail.
"He's not that stupid, and that's the bottom line," Cardinale said.
Magistrate is urged to release DiNunzio on bail in bribe case
Carmen "The Cheese Man" DiNunzio is accused of paying a bribe. By Shelley Murphy, | May 14, 2008
Reputed New England Mafia underboss Carmen "The Cheese Man" DiNunzio may have been caught on an FBI tape delivering a bribe to secure a Big Dig contract and threatening to throw an associate off a roof, but he never hurt anyone, his lawyer argued yesterday in federal court.
"Don't take him by his words; take him by his actions," Boston lawyer Anthony Cardinale said, arguing that DiNunzio, who owns a cheese shop in Boston's North End, is not dangerous and should be released on bail while awaiting trial on a federal charge of conspiracy to commit bribery.
US Magistrate Judge Judith G. Dein took under advisement the request for bail for DiNunzio and Anthony D'Amore, 55, a convicted drug dealer from Revere. A third man charged in the case - trucking company owner Andrew Marino, 42, of Chelmsford - was released on bail May 2.
DiNunzio, 50, of East Boston, and his two associates are accused of paying a $10,000 bribe in September 2006 to an undercover FBI agent posing as a corrupt Massachusetts highway inspector, in a bid to secure a $6 million contract to provide 300,000 cubic yards of loam, a soil mix, to the Big Dig.
Cardinale told the court that DiNunzio, who has been jailed since his May 2 arrest, refused to retaliate after the deal fell apart in December 2006 and that the man he believed was a corrupt state official kept his money.
A longtime associate of DiNunzio's, who was secretly cooperating with the FBI and has not been publicly identified, tried to goad DiNunzio into going after the undercover agent, Cardinale said.
The associate told DiNunzio that the undercover agent was laughing at him and, according to Cardinale, sent a message saying: "You're an idiot. You're all done. You're not getting your money back."
Yet DiNunzio never went after the undercover agent, Cardinale said. "Nothing happens."
Also during yesterday's hearing, Assistant US Attorney Peter K. Levitt played an FBI tape of a Sept. 27, 2006, meeting in which a man whom prosecutors identified as D'Amore told the cooperating witness that after he made money on the loam deal, he planned to give DiNunzio $50,000 to distribute among a group of convicted mobsters who were about to be released after years in prison.
"Listen, there's a bunch of nice guys coming home," said D'Amore, according to the tape.
He mentioned Vinnie Federico, one of four soldiers who pricked their trigger fingers, burned holy cards, and pledged to kill for the Mafia during an induction ceremony in Medford in October 1989 that was bugged by the FBI.
"He did [expletive] 30 years, that guy," D'Amore said. "He's just coming home in another month or two. Going to come home. He's getting married, whatever. You know what I mean."
William Fick, a federal defender who was appointed to represent D'Amore, argued that his client was just showing empathy for men who were coming out of prison with no money.
But FBI Special Agent Michael J. Kelly testified that the payments would have put D'Amore in a good position to engage in criminal activities with his mobster associates.
Levitt urged the magistrate to keep DiNunzio and D'Amore jailed until the case is resolved.
He described DiNunzio as the boss of La Cosa Nostra, better known as the Mafia, in Boston and the underboss, or second in command, of the New England crime family that is allegedly run by Luigi Manocchio of Providence.
"The defendant is a serious risk of obstruction of justice and a threat to witnesses," said Levitt, referring to FBI tapes of DiNunzio allegedly boasting that he was "The Cheese Man," guaranteeing that the loam deal would go through, and bragging that he was ready to throw one of his associates off a roof for jeopardizing the deal.
The prosecutor said DiNunzio could face up to nine years in prison under federal sentencing guidelines if convicted of the bribery charge.
But Cardinale insisted that DiNunzio faces only about 41 months and would not expose himself to more charges by threatening witnesses if released on bail.
"He's not that stupid, and that's the bottom line," Cardinale said.