This is a prosecution of members and associates of the
Trafficante Organized Crime Family of the La Cosa Nostra (‘The
Trafficante Family”) under the provisions of the Racketeering
Influenced and Corrupt Organizations statute (RICO)(Title 18,
United States Code, Section 1962) and related offenses. The
defendant Jeffrey Bass, who is represented by attorney Lothar
Genge, is charged in Count One with RICO Conspiracy, in violation
of Title 18, United States Code, Section 1962(d); in Count Two with
operating an illegal interstate gambling business, in violation of
Title 18, United States Code, Section 1955; and in Count Six with
conspiracy to launder funds derived from extortionate extensions of
credit and from the operation of an interstate gambling business,
in violation of Title 18, United States Code, Section l956(h).

The indictment charges that defendant Bass participated in the
affairs of the RICO enterprise by operating an illegal interstate
gambling business under the direction of Steve Raffa and John
Mamone. Raffa was the leader of the South Florida faction of the
Trafficante Family.2 John Mamone was Raffa’s second in command who

managed the day-to-day operations of the organization. Thus, in



2 As the Court is aware, Raffa took his own life after the return
of the indictment.

Case O:OO-cr-06309-PAS Document 315 Entered on FLSD Docket 01/30/2001 Page 3 of 17

order to establish the case against Bass, the government must
demonstrate the existence and scope of the RICO enterprise.

The existence and structure of the RICO enterprise will be
established in part through the testimony of Louis Maione.
Attorney Genge, when he was an Assistant United States Attorney,
approved the numerous consensual recordings made by Maione during
the course of the investigation, debriefed Maione, and sponsored
Maione into the Witness Security Program.3 Thus, Genge gained
confidential information from his professional relationship with
Maione.

Maione, among other things, was authorized by Genge to record
a meeting among Raffa, Mamone and Gambino soldier Auggie Corrao
that occurred on June 13, 1996. The government intends to offer
the tape recording of this meeting in evidence in this case. The
meeting concerned a gambling debt owed by a third party to the
Trafficante Crime Family. During the course of this ‘mafia sit
down” attended by Maione, the structure of the Trafficante and
Gambino criminal enterprises were discussed. Maione will testify

concerning the meaning and significance of this meeting. Thus,



3 In 1982, Lothar R. Genge, a trial attorney employed by the
Department of Justice, was transferred from the Brooklyn Strike force
to the Miami Strike Force where he was placed in charge of the Fort
Lauderdale Field Office. Mr. Genge remained in charge of that office
until December 1990, at which time the Strike Forces throughout the
country were merged with the respective United States Attorneys’ Offices
in the districts where they were located. Mr. Genge remained in the
employment of the United States Attorney’s Office in the Southern
District of Florida as a line assistant until 1997, when he retired.

3

Case 0:00-cr-06309-PAS Document 315 Entered on FLSD Docket 01/30/2001 Page 4 of 17

although Maione has no direct knowledge of Genge’s client (Bass),
his testimony is critical in establishing the existence of the
criminal enterprise of which Genge’s client is charged with being a
participant.

Under well established precedent and the Rules of the Florida
Bar, Genge must be disqualified from participating in this case
because: l) Genge was in a position to gain confidential
information about the investigation of this case; 2) Genge was in a
position to obtain confidential information about a key government
witness, Louis Maione; and, 3) Genge’s participation in this case,
given his prior involvement as an Assistant United States Attorney,
would undermine the confidence of the public in the integrity of
the judicial system. Florida Bar Rule 4-1.11; United States v.
Ostrer, 597 F.Zd 337, 340 (2nd Cir. 1979); United States v. Miller,
624 F.Zd 1198, 1202-03 (3d Cir. 1980); United States v. Uzzi, 549
F.Supp. 979, 982-84 (S.D.N.Y. 1982); United States v. Brothers, 856
F.Supp. 370, 376 (M.D. Tenn. 1992).

III. SUMMARY OF MAIONE'S INVOLVEMENT WITH FORMER AUSA GENGE

In about 1994, Maione began working with the Miami Division

of the FBI as a cooperating witness on a case involving the South
Florida crew of the Gambino LCN Family. Soon thereafter, evidence
was developed that established that the South Florida criminal crew
was specializing in loansharking, gambling, stolen property and

extortion, among other crimes. The South Florida crew was being



1l| Ul 41

Case 0:00-cr-06309-PAS Document 315 Entered on FLSD Docket 01/30/2001 Page 5 of 17

supervised by then acting boss, Nicholas ‘Little Nicky” Corozzo and
other high-echelon members and associates of the Family. Then AUSA
Genge, who was assigned to the case in or about 1995, was the lead
prosecutor on the case until early 1997, after the case was
indicted. During the investigatory stage of the case, then AUSA
Genge was responsible for supervising two court authorized wiretap
orders relating to the targets of the investigation and the
preparation of one search warrant. During this time period,
Maione, who regularly recorded subjects of the investigation, acted
under the authorization given by Genge to the FBI pursuant to
required FBI policy.

In December 1996, as a result of Maione’s cooperation and
other evidence, Corozzo and eight members and/or associates of the
South Florida crew of the Gambino Crime Family were charged in an
indictment with RICO conspiracy, loansharking and dealing in stolen
property. Among the predicate acts charged in the RICO conspiracy
was a conspiracy on the part of the enterprise members to murder
Louis Maione. United States v. Corozzo, Case number 96-620-CR~
Roetgger. The indictment in that case was signed by then AUSA
Genge (Attachment A). Furthermore, the prosecutive memorandum in
which the testimony of Maione was detailed, was authored by former

AUSA Genge.4



4 Should the Court wish to inspect the Prosecutive Memorandum
signed by AUSA Genge, the government will provide it in camera. S_e§,
United States v. Smith, 995 F.Zd 662, 675-76 (7th Cir. l993)(noting that
the information about the former AUSA’s involvement in the investigation

5



Case 0:00-cr-06309-PAS Document 315 Entered on FLSD DocKet 01/30/2001 Page 6 of 17

Although former AUSA Genge was eventually reassigned sometime
after the case was indicted, he was responsible for presenting the
evidence to the grand jury, returning the indictment against
Corozzo and presenting the government's evidence at the detention
hearing.5 In this capacity, former AUSA Genge met with Maione and
debriefed him on the investigation. Genge represented the
government at the detention hearings of Corozzo and his Co-
defendants David and Sydney Alwais. In arguing for their
detention, former AUSA Genge proffered the recordings of Maione as
credible evidence supporting the pre-trial detention of all three
defendants.

Even more significantly, former AUSA Genge formally sponsored
Maione into the U.S. Marshal’s Witness Security Program. In this
regard, Genge had access to the confidential information needed to
properly prepare the application. Genge signed Maione’s
application and concluded, among other things, that the physical
threat to Maione was ‘immediate and real.” Genge supported this
application by confirming that there was evidence that the Gambino
Family had the reputation of killing witnesses. In addition,

during that investigation, the Gambino Family discussed sending



was presented in camera because of the sensitive information contained).

5 In approximately January 1997, supervision of the Corozzo case

was transferred to another Assistant United States Attorney.

6



Case 0:00-cr-06309-PAS Document 315 Entered on FLSD Dock`et 01/30/2001 Page 7 of 17

teams of members and associates of the Family to various locations
throughout the country to locate and murder Maione.6

IV. SUMMARY OF MAIONE’S RELEVANT TESTIMONY IN THIS CASE

During the trial of this case, Louis Maione will testify
about his knowledge of the operation of the Trafficante Family,
including extortion, gambling, dealing in stolen property, and
other criminal acts.

Maione will state that during the undercover operation while
under the direction of the FBI, he worked for the then acting
Gambino boss, Nicholas Corozzo. In that capacity in early 1996,
Maione met a person named Louis Costanza, who was the manager of
the bar and restaurant at the Ocean Manor hotel in Fort Lauderdale.
Once Costanza learned that Maione was associated with Corozzo, the
acting boss of the Gambinos, Costanza asked for Corozzo’s help in
dealing with a gambling debt owed to another bookmaker who was
pressuring him for payment. Thereafter, Maione and Sal Pecchio,
another associate of the Gambino Family, interjected themselves
into the controversy over Costanza's gambling debt. Within a few
weeks, Raffa and Mamone demanded a ‘sit down” with Corozzo to

discuss Costanza's gambling debt.



6 Should the Court wish to inspect the Application, the government
will provide it in camera. See United States v. Smith, 995 F.2d 662,
675-76 (7th Cir. 1993)(noting that the information about the former
AUSA’s involvement in the investigation was presented in camera because
of the sensitive nature of the information provided).

7

4 vw 1||ll 1||

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On June 13, 1996, Maione met with Steve Raffa, John Mamone and
Augie Corrao, a soldier in the Gambino Family, to discuss the
gambling debt. Maione consensually recorded the approximately
half-hour meeting at the hotel. In that meeting, Raffa, Mamone,
and Corrao discussed the structure of the Trafficante and Gambino
crime families and their interrelationship with each other. This
discussion was needed to clarify the problem concerning the
gambling debit. There, Mamone aggressively laid claim to the
gambling debt owed to his organization (Trafficante Family) and
demanded that the debt be paid. Mamone also acknowledged that the
victim had been previously assaulted because he was disrespectful
by refusing to meet with members of the organization. Also, Mamone
indicated that he and Raffa were upset that the Gambino Family had

interfered with the operation of their organization.7