F. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK 71' U7 2011 UNITED STATES OF AMERICA I I ag3.l1'lSt . yo sf :mf sis 2355 WALTER SAMPERI, 1953 1963 (5) 1953 (ITT) 3551 _et seg.) Defendant. THE GRAND JURY CHARGES: "lf" LU) Wa INTRODUCTION At all times relevant to this Indictment, unless otherwise indicated: . The Entergrise 1. The members and associates of the Colombo organized crime family of La Cosa Nostra constituted an "enterprise," as defined in Title 1B, United States Code, Section that is, a group of individuals associated in fact (hereinafter, the."Colombo crime family" and the "enterprise"). The enterprise constituted an ongoing organization whose members functioned as a continuing unit for a common purpose of achieving the objectives of the enterprise. The Colombo crime family engaged in, and its activities affected, interstate and foreign commerce. The Colombo crime family was an organized criminal group that operated in the Eastern District of New York and elsewhere. 2. La Cosa Nostra operated through organized crime families. Five of these crime families the Bonanno, Colombo, Gambino, Genovese and Luchese crime families were headquartered in New York City, and supervised criminal activity in New York, in other areas of the United States and, in some instances, in other countries. `Another crime family, the Decalvacante crime family, operated principally in New Jersey, but from time to time also in New York City. 3. The ruling body of La Cosa Nostra, known as the "Commission," consisted of leaders from each of the crime families. The Commission convened from time to time to decide certain issues affecting all of the crime families, such as rules governing crime family membership. 4. The Colombo crime family had a hierarchy and structure. 'The head of the Colombo crime family was known as the "boss," The Colombo crime family boss was assisted by an "underboss" and a counselor known as a "consigliere." Together, the boss, underboss'and consigliere were the crime family's "administration,"i With the assistance of the underboss and consigliere, the boss was responsible for, among other things, setting policy and resolving disputes within and between La Cosa Nostra crime families and other criminal groups. The 2 administration further supervised, supported, protected and disciplined the lower-ranking participants in the crime family, In return for their supervision and protection, the administration received part of the illegal earnings generated by the crime family.> Members of the Colombo crime family served in an "acting" rather than "official" capacity in the administration on occasion due to another administration member's incarceration or ill health, or for the purpose of seeking to insulate another administration member from law enforcement scrutiny. Further, on occasion, the Colombo crime family was overseen by a "panel" of crime family members that did not include the boss, underboss and/or consigliere. S. Below the administration of the Colombo crime family were numerous "crews," also known as "regimes" and "decinas." Each crew was headed by a "captain," also known as a "skipper," "caporegime" and "capodecina." Each captain's crew consisted of "soldiers" and "associates." The captain was responsible for supervising the criminal activities of his crew and providing the crew with support and protection. In return, the captain often received a share of the crew's earnings. 6. Only members of the Colombo crime family could serve as a boss, underboss, consigliere, captain or soldier. Members of the crime family were referred to on occasion as "goodfellas" or "wiseguys," or as persons who had been 3 "straightened out" of who had their "button." Associates were individuals who were not members of the crime family, but who nonetheless engaged in criminal activity for, and under the protection of, the crime family. 7. Many requirements existed before an associate could become a member of the Colombo crime family. The Commission of La Cosa Nostra from time to time limited the number of new members that could be added to a crime family. An associate was also required to be proposed for membership by an existing crime family member. When the crime family's administration considered the associate worthy of membership, the administration then circulated the proposed associate's name on a list given to other La Cosa Nostra crime families, which the other crime families reviewed and either approved or disapproved. Unless there was an objection to the associate's membership, the crime family then "inducted," or "straightened out," the associate as a member of the crime family in a secret ceremony. During the ceremony, the associate, among other things: swore allegiance for life to the crime family above all else, even the associate's own family; swore, on penalty of death, never to reveal the crime family's existence, criminal activities and other secrets; and swore to follow all orders issued by the crime family boss, including swearing to commit murder if the boss directed it. 4 Methods and Means of the Enterprise B. The principal purpose of the Colombo crime family was to generate money for its members and associates; This purpose was implemented by members and associates of the Colombo crime family through various criminal activities, including drug trafficking, robbery, extortion, fraud, illegal gambling and loansharking. The members and associates of the Colombo crime family also furthered the enterprise's criminal activities by threatening economic injury and using and threatening to use physical violence, including murder. 9. Although the primary purpose of the Colombo crime family was to generate money for its members and associates, the members and associates at times used the resources of the family to settle personal grievances and vendettas, sometimes with the approval of higher-ranking members of the family, For those purposes, members and associates of the enterprise were asked and expected to carry out, among other crimes, acts of violence, including murder and assault. 10. The members and associates of the Colombo crime family engaged in conduct designed to prevent government detection of their identities, their illegal activities and the location of proceeds of those activities. That conduct included a commitment to murdering persons, including members or associates of organized crime families, who were perceived as 5 potential witnesses against members and associates of the enterprise. 11. Members and associates of the Colombo crime family often coordinated criminal activity with members and associates of other organized crime families. The Defendant 12. At various times relevant to this Indictment, the defendant WALTER SAMPERI was an associate within the Colombo crime family. RACKETEERING CONS PIRACY 13. The allegations contained in paragraphs one through twelve are realleged and incorporated as if fully set forth in this paragraph. 14. In or about and between 2004 and 2011, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant WALTER SAMPERI, together with others, being a person employed by and associated with the Colombo crime family, an enterprise that engaged in, and the activities of which affected, interstate and foreign commerce, did knowingly and intentionally conspire to violate Title 18, United States Code, Section 1962(c), that is, to conduct and participate, directly and indirectly, in the conduct of the affairs of that enterprise through a pattern of racketeering activity, as defined in Title 18, United States Code, Sections 6 1961(1) and 1961(5), consisting of the racketeering acts set forth below. The.defendant agreed that a conspirator would commit at least two acts of racketeering activity in the conduct of the affairs of the enterprise. RACKETEERING ACT ONE (Extortion Conspiracy/Extortionate Collection Conspiracy) 15. The defendant agreed to the commission of the following acts, either one of which alone constitutes Racketeering Act One: A. Federal Extortionate Collection of Credit Conspiracy 16, In or about 2004, within the Eastern District of New York and elsewhere, the defendant WALTER SAMPERI, together with others, did knowingly and intentionally conspire to participate in the use of extortionate means to collect and attempt to collect an extension of credit from John Doe, an individual whose identity is known to the Grand Jury, contrary to Title 18, United States Code, Section 894(a)(l). B. State Extortion Conspiracy 17. In or about 2004, within the Eastern District of New York and elsewhere, the defendant WALTER SAMPERI, together with others, did knowingly and intentionally conspire to steal property by extortion, in that the defendant and others agreed to obtain property, to wit: money, by compelling and inducing John Doe to deliver such property by instilling in him a fear that, if the property were not so delivered, the defendant and others 7 would (1) cause physical injury to some person in the future and (2) cause damage to property, contrary to New York Penal Law Sections and RACKETEERING ACT Two (Marijuana Distribution Conspiracy) 1B. In or about 2005, within the Eastern District of New York, the defendant WALTER SAMPERI, together with others, did knowingly and intentionally conspire to distribute and possess with intent to distribute a controlled substance, which offense involved a substance containing marijuana, a Schedule I controlled substance, contrary to Title 21, United States Code, Sections B41(a)(1) and B46. (Title 18, United States Code, Sections 1962(d), 1963 and 3551 gt seg.) FORFEITURE ALLEGATION 19, The United States hereby gives notice to the defendant that, upon conviction, the government will seek forfeiture, in accordance with Title 1B, United States Code, Section 1963, which requires any person convicted of such offense to forfeit: any interest the person acquired or maintained in violation of Title 18, United States Code, Section 1962; any interest in, security of, claims against, or property or contractual right of any kind affording a source of influence over any enterprise which the person has established, operated, controlled, conducted or participated in the conduct of, in violation of Title 18, United States Code, Section 1962; and any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity, in violation of Title 18, United States Code, Section 1962. 20. If any of the above-described forfeitable property, as a result of any act or omission of the defendant: cannot be located upon the exercise of due diligence; has been transferred or sold to, or deposited with, a third party; has been placed beyond the jurisdiction of the court; has been substantially diminished in value; OI has been commingled with other property which cannot be divided without difficulty; it is the intent of the United States, pursuant to Title 18, United States Code, Section 1963(m), to seek forfeiture of any 9 other property of the defendant up to the value of the forfeitable property described in this forfeiture allegatlon (Title 18, United States Code, Sections 1953(a) and 19G3(m)) . E. Q) UNITED STATES ATTORNEY EASTERN DISTRICT OF NEW YORK A TRUE BILL JFOREPERSON 59111199 Sf 011-1011 'sn 'lm/m1uv//'xuupuagaq EIHL GELLI NOISIAIG VEI EI NH OA MEIN ff' 191051 WIIOJ