In an investigation that federal authorities say spans numerous states, several years, and a criminal hierarchy, some defense attorneys say they are anticipating prosecutors will soon up the ante by filing new and much more serious charges against the entire group.
It is a tool that brings fear to defense attorneys and their accused criminal clients: “The RICO Sledgehammer.”
RICO-The Racketeer Influenced and Corrupt Organization law- is hanging over the heads of all 22 defendants, with some attorneys expecting that prosecutors will file new and much tougher RICO conspiracy charges that carry much stiffer prison time for those convicted.
On a crisp May morning in Hammond, Indiana, the accused gambling and extortion offenders waltzed into federal court to a chorus of songbirds in the trees. But the harmonious stroll ended before a judge, with all pleading not guilty to felonies, and the realization that the case could soon become even more serious.
“I’m very confident that the government is going to supersede this indictment with a RICO indictment, and then everybody’s on the hook for what everybody did,” said defense attorney John Cantrell who represents Peter Pavlopoulos, who is among the few defendants held without bond.
Pavlopoulos is accused of threatening to murder the college daughter of a gambler who owed the group money.
After court on Thursday, Cantrell talked about the impact of a looming RICO indictment. Such new charges handed up by a federal grand jury would mean all 22 defendants would be on the hook for a conspiracy that included allegations of violence as part of a criminal enterprise that stretched across state lines.
The racketeering enterprise would typically be charged to include several predicate acts such as money laundering, extortion and bribery, for example.
A month ago, federal prosecutors teed up such a case, and now defense attorneys are focused on when new RICO charges could come.
“They’re suggesting that the allegation involves over $5 million, so they all would get launched and they would all get over 10 years,” said Cantrell. “So even minimal participants in this case, I’m concerned for all of them and their future because if they end up in a RICO indictment and choose to plead not guilty, even if they’re just a small, tiny little part of this case they can end up getting over 10 of incarceration. in federal court you have to do 85% (of the time).”
Chicago Outfit bosses and Mafia kingpins were the original intended targets of the RICO Act when it was unveiled in 1970, but the law has branched out to drug dealers and corrupt business operators. So with this alleged gambling and extortion ring, RICO would return to its roots, because among those charged are New England mobster Giuseppe “Joe Polozzo” Manzi, and Chicago Outfit-connected restaurater Gigi Rovito, the semi-famous owner of Capri Ristorante in west suburban Burr Ridge.
“We’ve done the best we can do so far. We’ve pled not guilty. He’s not guilty of these charges,” said Rovito’s attorney Tom Breen, a veteran Chicago criminal defense lawyer. “Mr. Rovito is absolutely a harmless individual, and there’s some kind of-I don’t know what it is-there’s some of a vendetta against him, it appears to me.”
Federal prosecutors describe the multi-defendant case as complex, supported by hours and hours of undercover video and audio recordings that will have to be put on hard drives and will take months for defense attorneys to review. With all that, the next court date isn’t until September 10th, or earlier of course, if racketeering charges end up being filed.
