United States v. Accetturo, Crim. No. 85-292.

• Decision Date: 18 October 1985
• Docket Number: Crim. No. 85-292.
• Citation: 623 F. Supp. 746
• Parties: UNITED STATES of America v. Anthony ACCETTURO, Michael Taccetta, Michael Perna and Thomas Ricciardi, Defendants.
• Court: U.S. District Court — District of New Jersey

623 F. Supp. 746

UNITED STATES of America v. Anthony ACCETTURO, Michael Taccetta, Michael Perna and Thomas Ricciardi, Defendants.

Crim. No. 85-292.

United States District Court, D. New Jersey.

October 18, 1985.

COPYRIGHT MATERIAL OMITTED

Thomas W. Greelish, U.S. Atty. by V. Grady O'Malley and Barbara Miller, Sp. Attys., Dept. of Justice, for the Government.

Milton Ferrell, Jr., for Anthony Accetturo.

Michael Critchley and Alan L. Zegas, for Michael Taccetta.

Michael D'Alessio, Jr., for Michael Perna.

HAROLD A. ACKERMAN, District Judge.

I. INTRODUCTION

On August 19, 1985, a Federal grand jury, sitting in the District of New Jersey, returned a 12-count indictment against 26 individuals charging conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. Section 1962(d), and conducting a racketeering enterprise in violation of 18 United States Code Section 1962(c), which included conspiracy to distribute and possession with intent to distribute cocaine and marijuana in violation of 18 United States Code Section 2 and 21 United States Code Section 841; conduct of an illegal gambling business in violation of 18 United States Code Section 1955; mail fraud in violation of 18 United States Code Sections 1341 and 2; wire fraud in violation of 18 United States Code Sections 1343 and 2; Hobbs Act extortion in violation of 18 United States Code Sections 1951 and 2; extortionate credit transactions in violation of 18 United States Code Sections 892-894 and 2; and extortion in violation of N.J.S.A. 2C:20-5.

This matter is before me today on the government's motion for revocation of the release orders entered for defendants Anthony Accetturo, Michael Taccetta, Michael Perna and Thomas Ricciardi under the Bail Reform Act of 1984, Public Law No. 98-473, Sections 202 to 210. 98 Statutes 1976-87, (codified at 18 United States Code Sections 3141-3150).

II. THE INDICTMENT

Count 1 of the indictment alleges that the defendants conspired to commit a lengthy list of racketeering acts under the aegis of the Taccetta Group Enterprise, an organized crime group. The Taccetta Group Enterprise allegedly operated from 1976 to July, 1985 to commit crimes of loansharking, extortion, counterfeit credit card scams, illegal gambling schemes and extortionate business takeovers through the use of violence, threats, and physical and economic intimidation. The indictment describes the Taccetta group enterprise as a hierarchical body which depends for its existence on a carefully designed organizational structure and internal discipline. Moreover, the indictment alleges that the hierarchical scheme governs the conduct of members, dictates their respective statuses and provides an overall scheme for the commission of offenses on a collaborative and systematic basis.

The indictment also details the alleged roles in the Taccetta group conspiracy of each of those indicted. Anthony Accetturo, a resident of Hollywood, Florida, is the alleged leader of the enterprise and, as such, decides matters of overall policy and resolves disputes between associates of the enterprise. In return, he allegedly receives a percentage of the enterprise's profits in the form of, "tribute," payments.

Michael Taccetta is the alleged, "underboss," and chief executive officer of the New Jersey operations of the enterprise. In this capacity he allegedly reports directly to Anthony Accetturo, supervises day-to-day enterprise activities, resolves disputes, determines short-range policy and collects and disburses revenues obtained through the criminal activities of the enterprise. As compensation, he allegedly receives a share of the group's profits, as well as income derived directly from his own activities.

Michael Perna allegedly advises Michael Taccetta and functions as an intermediary between Taccetta and members of the enterprise regarding the commission of crimes. Thomas Ricciardi allegedly supervises and manages the installation and repair of certain illegal video gambling machines and collects the proceeds from the machines.

Count 2 of the indictment alleges that the 26 defendants operated in concert as an enterprise within the meaning of Section 1961(4) of RICO. An "enterprise," as defined by the statute, "includes any individual, partnership, corporation, association or other legal entity, and any union or group of individuals associated in fact although not a legal entity," 18 United States Code Section 1961(4). The Supreme Court has held that a completely illegal organization may satisfy this definition. See United States v. Turkette, 452 U.S. 576, 101 S.Ct. 2524, 69 L.Ed.2d 246 (1981).

By incorporating the allegations of Count 1, which detail the alleged hierarchical nature of the Taccetta group, the alleged respective roles of each defendant and the overall coordination of criminal activity provided for by the group, the indictment attempts to outline the elements of a RICO enterprise laid out by the Turkette Court: "Evidence of an ongoing organization, formal or informal and ... evidence that the various associations function as a continuing unit." Id. at 583, 101 S.Ct. at 2528. Further, the enterprise must be shown to have in existence separate and apart from the pattern of activity in which it engages. Id.

The Third Circuit has further defined each of these elements in United States v. Riccobene, 709 F.2d 214 (3d Cir.), cert. denied, 464 U.S. 849, 104 S.Ct. 157, 78 L.Ed.2d 145 (1983). There the Third Circuit said that the "ongoing organization" requirement refers to the group's superstructure. "To satisfy this element, the government must show that some sort of structure exists within the group for the making of decisions, whether it be hierarchical or consensual. There must be some mechanism for controlling and directing the affairs of the group on an ongoing, rather than an ad hoc, basis. This does not mean that every decision must be made by the same person or that authority may not be delegated." 709 F.2d at 222. The second element, the "continued unit" requirement, does not mean that the membership of the group remain static. Rather, it requires, "that each person perform role in the group consistent with the organizational structure established by the first element and which further the activities of the organization." Id. at 223. Finally, the third element requires proof that the enterprise has "an existence beyond that which is necessary merely to commit each of the acts charged as predicate racketeering offenses. The function of overseeing and coordinating the commission of several different predicate offenses and other activities on an ongoing basis is adequate to satisfy the separate existence requirement." Id. at 223-24.

III. DETERMINATIONS OF THE MAGISTRATE BELOW

The government has previously sought the detention of each of the four defendants at their initial appearances below. On August 21st, 1985 the government moved to detain defendant Accetturo before Magistrate Patricia J. Kyle in Fort Lauderdale, Florida. The government sought detention on two grounds. First, that Mr. Accetturo was charged with a violation of the Controlled Substances Act, 21 United States Code Section 801, et seq., and was, therefore, subject to the rebuttable presumption under 18 United States Code Section 3142(e), that no conditions of release can reasonably assure his appearance at trial and the safety of other persons in the community; and, secondly, that he was charged with committing crimes of violence (racketeering offenses involving loansharking and extortion), "while on pretrial release for two separate federal offenses and, therefore, posed a danger to the community through continued criminal activity. Magistrate Kyle denied the government's request for detention and ordered that Mr. Accetturo be released on $450,000 personal surety bond co-signed by his wife subject to several conditions. While I have read the transcript of the hearing before Magistrate Kyle, I do not believe it is necessary to detail what portions of the magistrate's reasoning I've accepted or rejected.

The government appealed the release order to Judge Norman Roettger of the United States District Court for the Southern District of Florida. Judge Roettger issued an oral order dismissing the government's appeal for lack of jurisdiction under 18 United States Code Section 3145, which provides that if the government seeks review of a magistrate's release order it must move for revocation of the order or amendment of the conditions of release with the Court having original jurisdiction over the offense.

Defendants Taccetta, Perna and Ricciardi were arrested and appeared before Magistrate G. Donald Haneke in Newark on August 21st, 1985. The government moved under 18 United States Code Section 3142(e) and (f) to detain Mr. Taccetta on the ground that he posed a danger to the community and under 18 United States Code Section 3142(f) to detain Mr. Perna and Mr. Ricciardi on the grounds that each posed a danger to the community and other persons. At the conclusion of the hearing, Magistrate Haneke denied the government's request for detention ruling that the government had not met its burden of establishing by clear and convincing evidence that the defendants posed a danger to the community either as potential threats to government witnesses or through potential continuation of criminal activities while on pretrial release. Magistrate Haneke's decision was not accompanied by factual findings. While I have also read the transcript of the hearing before the magistrate, I do not believe it is necessary to specifically detail what portions of the magistrate's reasoning I have accepted or rejected.

The government filed a motion with this Court on September 13th, 1985 seeking review of both magistrates' release orders as to defendants Accetturo, Taccetta, Perna and Ricciardi under 18 U.S.C. Section 3145(a). I held separate hearings on the...