Ailing Gambino Captain Convicted of Racketeering

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

An ailing Gambino family captain, done in by the testimony of an undercover FBI agent and hours of incriminating government tapes, was convicted yesterday of racketeering – a verdict that his lawyer said almost guaranteed his death in prison.

Gregory DePalma, 74, whispered quietly to his lawyer as the verdict was read in U.S. District Court in Manhattan. He had an oxygen tube in his nose and white gauze the size of a deck of cards on his face as a remnant of a weekend biopsy.

The verdict, which resulted from a law enforcement assault on what remains of the Gambino crime family after the 2002 death of John Gotti and prosecutions of his brother, Peter Gotti, and son, John “Junior” Gotti, seemed to end the Gotti family era.

It brought to a close a prosecution that had unprecedented success, largely due to the exploits of a rotund FBI agent who capped a career of disguises by posing as “Big Jack” Falcone, Joaquin Garcia. He cozied up to DePalma and recorded thousands of hours of conversations that helped land the longtime mobster.

The FBI planted a cellular phone on DePalma that picked up conversations even when it was off, causing the defense to complain that DePalma became a walking microphone.

A defense lawyer, Martin Geduldig, said after the verdict that it “was just too difficult to overcome all of these tapes.”

Sentencing was set for August 29. Mr. Geduldig said he doubted DePalma would live beyond five years so anything more would be a life sentence.

The agent, testifying in a closed courtroom to protect his identity, described 5,000 hours of recordings he made after DePalma was released from prison in 2003.

Prosecutors depicted DePalma as an energetic hustler from 2003 to 2005, when he extorted restaurants, construction companies, and a topless nightclub in the Bronx where he was introduced to the undercover agent.

DePalma, a man once photographed with Frank Sinatra, dropped names and called in favors from anyone who feared his mob muscle as he ate Italian meal after Italian meal at restaurants where the FBI agent admitted gaining 80 pounds.

He described getting a former manager for Liza Minnelli to finance a $12,000 eight-day trip for mob wives to Las Vegas. Prosecutors called the man one of DePalma’s victims.

DePalma bragged that he had dinner with singer Mariah Carey and her ex-husband, Tommy Mottola, before going to prison. Ms. Carey’s representatives and even DePalma’s lawyers said it never happened.

The jury also heard him boast that he made a restaurant owner get an $11,000 bottle of wine and provide as much as $4,000 in free food for two dozen Gambino guests after he was freed.

Lawyer John Meringolo called DePalma “one of the greatest exaggerators of all time.”

Mr. Meringolo said his client could not believe he was convicted of most of the 36 counts against him. Mr. Meringolo said DePalma whispered that the government should stop trying to frame him and instead should “go out and get some terrorists.”

DePalma’s health was a focus before and during the trial.

A U.S. District judge, Alvin Hellerstein, had rejected defense requests that DePalma rest at trial on a gurney or wheelchair because of his missing lung, heart problems, cancer, and diabetes.

Prosecutors made his health an issue, telling jurors he had boasted after a 1999 racketeering guilty plea that he had duped the judge with an illness act worthy of an Academy Award.

They played tapes of him bragging that he wore an oxygen mask and did not shave for a week before sentencing, leading the judge to say he had never sentenced a man so sick.


The New York Sun

© 2024 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  Create a free account

By continuing you agree to our Privacy Policy and Terms of Use