Approved:
______________________________
MARC A. WEINSTEIN
Assistant United States Attorney
Before:
DOUGLAS F. EATON
United States Magistrate Judge
Southern District of New York
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UNITED STATES OF AMERICA
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-v.:
PAUL BALLAS,
JOHN J. CAPUANO,
ANTHONY G. DINAPOLI,
ANDREW GAGLIARDI,
ALBERT GUGLIELMO,
ANTHONY IANNUZZI,
a/k/a “Doc,”
ANTHONY MANCUSO,
JOHN F. MESSINA,
STEPHEN E. MOORE,
VITO NAPOLETANO,
MICHAEL O’ROURKE,
MATTHEW SALINAS,
PATRICK M. SWEENEY,
JOSEPH V. TORRE,
JOSEPH VIVOLO,
CRAIG BOHRMAN,
LEE KASSLER,
PATRICK MARZO,
ANTHONY VIGGIANO, and
EDUARD WEHRLI,
Defendants.
:
SEALED COMPLAINT
Violation of
18 U.S.C. §§ 371, 1343
and 1344
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COUNTY OF OFFENSE:
NEW YORK, ROCKLAND
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SOUTHERN DISTRICT OF NEW YORK, ss.:
LAWRENCE P. FERAZANI, JR., being duly sworn, deposes
and says that he is a Special Agent with the Federal Bureau of
Investigation and charges as follows:
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COUNT ONE
(Conspiracy to Commit Wire Fraud and Bank Fraud)
1.
From at least in or about May 2003, up to and
including the date of this Complaint, in the Southern District
of New York and elsewhere, PAUL BALLAS, CRAIG BOHRMAN, JOHN J.
CAPUANO, ANTHONY G. DINAPOLI, ANDREW GAGLIARDI, ALBERT
GUGLIELMO, ANTHONY IANNUZZI, a/k/a “Doc,” LEE KASSLER, ANTHONY
MANCUSO, PATRICK MARZO, JOHN F. MESSINA, STEPHEN E. MOORE, VITO
NAPOLETANO, MICHAEL O’ROURKE, MATTHEW SALINAS, PATRICK M.
SWEENEY, JOSEPH V. TORRE, ANTHONY VIGGIANO, JOSEPH VIVOLO, and
EDUARD WEHRLI the defendants, unlawfully, willfully, and
knowingly combined, conspired, confederated, and agreed together
and with others, known and unknown, to commit offenses against
the United States of America, to wit, to commit: (a) wire fraud,
in violation of Section 1343 of Title 18, United States Code;
and (b) bank fraud, in violation of Section 1344 of Title 18,
United States Code.
2.
It was a part and object of the conspiracy that
PAUL BALLAS, CRAIG BOHRMAN, JOHN J. CAPUANO, ANTHONY G.
DINAPOLI, ANDREW GAGLIARDI, ALBERT GUGLIELMO, ANTHONY IANNUZZI,
a/k/a “Doc,” LEE KASSLER, ANTHONY MANCUSO, PATRICK MARZO, JOHN
F. MESSINA, STEPHEN E. MOORE, VITO NAPOLETANO, MICHAEL O’ROURKE,
MATTHEW SALINAS, PATRICK M. SWEENEY, JOSEPH V. TORRE, ANTHONY
VIGGIANO, JOSEPH VIVOLO, and EDUARD WEHRLI, the defendants, and
others known and unknown, unlawfully, willfully, and knowingly,
having devised and intending to devise a scheme and artifice to
defraud, and for obtaining money and property by means of false
and fraudulent pretenses, representations, and promises, would
and did transmit and cause to be transmitted by means of wire,
radio, and television communication in interstate and foreign
commerce, writings, signs, pictures, signals, and sounds for the
purpose of executing such scheme and artifice, in violation of
Title 18, United States Code, Section 1343.
3.
It was a part and object of the conspiracy that
PAUL BALLAS, CRAIG BOHRMAN, JOHN J. CAPUANO, ANTHONY G.
DINAPOLI, ANDREW GAGLIARDI, ALBERT GUGLIELMO, ANTHONY IANNUZZI,
a/k/a “Doc,” LEE KASSLER, ANTHONY MANCUSO, PATRICK MARZO, JOHN
F. MESSINA, STEPHEN E. MOORE, VITO NAPOLETANO, MICHAEL O’ROURKE,
MATTHEW SALINAS, PATRICK M. SWEENEY, JOSEPH V. TORRE, ANTHONY
VIGGIANO, JOSEPH VIVOLO, and EDUARD WEHRLI, the defendants, and
others known and unknown, unlawfully, willfully, and knowingly, executed and
attempted to execute a scheme and artifice to defraud a
financial institution and to obtain moneys, funds, credits,
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assets, securities, and other property owned by, and under the
custody and control of, a financial institution, by means of
false and fraudulent pretenses, representations, and promises,
in violation of Title 18, United States Code, Section 1344.
OVERT ACTS
4.
In furtherance of said conspiracy and to effect
the illegal object thereof, PAUL BALLAS, CRAIG BOHRMAN, JOHN J.
CAPUANO, ANTHONY G. DINAPOLI, ANDREW GAGLIARDI, ALBERT
GUGLIELMO, ANTHONY IANNUZZI, a/k/a “Doc,” LEE KASSLER, ANTHONY
MANCUSO, PATRICK MARZO, JOHN F. MESSINA, STEPHEN E. MOORE, VITO
NAPOLETANO, MICHAEL O’ROURKE, MATTHEW SALINAS, PATRICK M.
SWEENEY, JOSEPH V. TORRE, ANTHONY VIGGIANO, JOSEPH VIVOLO, and
EDUARD WEHRLI, the defendants, committed the following overt
acts, among others, in the Southern District of New York and
elsewhere:
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a.
On or about June 25, 2003, TORRE met with an
undercover agent in Manhattan, New York, and
accepted a cash payment of $5,000 from the
undercover agent;
b.
On or about June 25, 2003, CAPUANO met with
an undercover agent in Manhattan, New York,
and accepted a cash payment of $1,000 from
the undercover agent;
c.
On or about July 22, 2003, TORRE met with an
undercover agent in Manhattan, New York, and
accepted a cash payment of $4,750 from the
undercover agent;
d.
On or about August 25, 2003, DINAPOLI met
with an undercover agent in Manhattan, New
York and accepted a cash payment of $10,000
from the undercover agent during the
meeting;
e.
On or about September 10, 2003, DINAPOLI and
SWEENEY met with an undercover agent in
Manhattan, New York to discuss the mechanics
of paying co-conspirators;
f.
On or about September 10, 2003, DINAPOLI
drove from Manhattan, New York to Brooklyn,
New York to deliver a cash payment of
$16,500 to MESSINA.
(Title 18, United States Code, Section 371.)
COUNT TWO
(Wire Fraud)
4.
From at least in or about May 2003 through the date of this Complaint, in
the Southern District of New York and elsewhere, PAUL BALLAS, CRAIG BOHRMAN,
JOHN J. CAPUANO, ANTHONY G. DINAPOLI, ANDREW GAGLIARDI, ALBERT
GUGLIELMO, ANTHONY IANNUZZI, a/k/a “Doc,” LEE KASSLER, ANTHONY
MANCUSO, PATRICK MARZO, JOHN F. MESSINA, STEPHEN E. MOORE, VITO
NAPOLETANO, MICHAEL O’ROURKE, MATTHEW SALINAS, PATRICK M.
SWEENEY, JOSEPH V. TORRE, ANTHONY VIGGIANO, JOSEPH VIVOLO, and
EDUARD WEHRLI, unlawfully, willfully, and knowingly, having devised and
intending to devise a scheme and artifice to defraud, and for
obtaining money and property by means of false and fraudulent
pretenses, representations, and promises, to wit, would and did
transmit and cause to be transmitted by means of wire, radio,
and television communication in interstate and foreign commerce,
writings, signs, pictures, signals, and sounds for the purpose
of executing such scheme and artifice.
(Title 18, United States Code, Sections 1343 and 2.)
COUNT THREE
(Bank Fraud)
5.
From in or about May 2003 through the date of this Complaint, in the
Southern District of New York and elsewhere, PAUL BALLAS, CRAIG BOHRMAN, JOHN
J. CAPUANO, ANTHONY G. DINAPOLI, ANDREW GAGLIARDI, ALBERT
GUGLIELMO, ANTHONY IANNUZZI, a/k/a “Doc,” LEE KASSLER, ANTHONY
MANCUSO, PATRICK MARZO, JOHN F. MESSINA, STEPHEN E. MOORE, VITO
NAPOLETANO, MICHAEL O’ROURKE, MATTHEW SALINAS, PATRICK M.
SWEENEY, JOSEPH V. TORRE, ANTHONY VIGGIANO, JOSEPH VIVOLO, and
EDUARD WEHRLI, unlawfully, willfully, and knowingly, executed and attempted to
execute a scheme and artifice to defraud a financial institution
and to obtain moneys, funds, credits, assets, securities, and
other property owned by, and under the custody and control of, a
financial institution, by means of false and fraudulent
pretenses, representations, and promises.
(Title 18, United States Code, Sections 1344 and 2.)
6.
I have attached to this Complaint an Affidavit in
Support of the Application For Arrest and Search Warrants dated
November 14, 2003, (“FERAZANI II Affidavit”) and I incorporate
the contents of the Affidavit herein by reference.
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7.
Given the confidential nature of this continuing
investigation, I respectfully request that this Complaint be
maintained under seal until this Court orders otherwise.
WHEREFORE deponent prays that warrants be issued for
the defendants PAUL BALLAS, CRAIG BOHRMAN, JOHN J. CAPUANO,
ANTHONY G. DINAPOLI, ANDREW GAGLIARDI, ALBERT GUGLIELMO, ANTHONY
IANNUZZI, a/k/a “Doc,” LEE KASSLER, ANTHONY MANCUSO, PATRICK
MARZO, JOHN F. MESSINA, STEPHEN E. MOORE, VITO NAPOLETANO,
MICHAEL O’ROURKE, MATTHEW SALINAS, PATRICK M. SWEENEY, JOSEPH V.
TORRE, ANTHONY VIGGIANO, JOSEPH VIVOLO, and EDUARD WEHRLI, and
that the defendants be arrested and imprisoned or bailed as the
case may be.
________________________________
LAWRENCE P. FERAZANI, JR.,
Special Agent
Federal Bureau of Investigation
Sworn to before me this
th day of Wednesday, November 19, 2003
______________________________
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF NEW YORK
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