SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND: CRIMINAL TERM --------------------------------------------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK,
-against-
JOHN J. LAFORTE,
ANTHONY J. CINQUE, JR., JOHN MATERA,
EDWARD A. LAFORTE, FREDERICK P. FALCONE, SR., GIULIO POMPONIO, CHARLES FUSCO,
DANIEL F. BOGAN,
ROBERT W. CARTER,
LOUIS A. PALOMBO,
ARTHUR GELLER,
DANIEL M. SCARABAGGIO, DANIEL H. SHAH,
VINCENT J. RICCIARDI,
AMY L. MCLAUGHLIN, FREDERICK FALCONE, JR., JAMES MIRANDA,
DEFENDANTS. --------------------------------------------------------------------------X
INDICTMENT NO. -2024
FILED: FILE NO.:
COUNT 1 ENTERPRISE CORRUPTION
The Grand Jury of Richmond County, by this Indictment, accuses the defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR., JOHN MATERA, EDWARD A. LAFORTE, FREDERICK P. FALCONE, SR., GIULIO POMPONIO, CHARLES FUSCO, DANIEL F. BOGAN, ROBERT W. CARTER, LOUIS A. PALOMBO, ARTHUR GELLER, DANIEL M. SCARABAGGIO,
SEALED AS TO ALL COUNTS
OFFICE ORIGIN
DANIEL H. SHAH, VINCENT J. RICCIARDI, AMY L. MCLAUGHLIN, and JAMES MIRANDA of the crime of ENTERPRISE CORRUPTION, in violation of Penal Law § 460.20(1)(a), committed in Richmond County and elsewhere inside and outside the State of New York, including the State of New Jersey, as follows:
The defendants, from on or about and between July 1, 2021 to June 6, 2023, having knowledge of the existence of a criminal enterprise, to wit: THE LAFORTE CRIMINAL ENTERPRISE (hereinafter, “THE CRIMINAL ENTERPRISE”), and the nature of its activities, and being employed by or associated with that criminal enterprise, intentionally conducted and participated in the affairs of THE CRIMINAL ENTERPRISE by participating in a pattern of criminal activity, as follows:
The Criminal Enterprise
At all times relevant to the First Count:
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR., JOHN
MATERA, EDWARD A. LAFORTE, FREDERICK P. FALCONE, SR., GIULIO POMPONIO, CHARLES FUSCO, DANIEL F. BOGAN, ROBERT W. CARTER, LOUIS A. PALOMBO, ARTHUR GELLER, DANIEL M. SCARABAGGIO, DANIEL H. SHAH, VINCENT J. RICCIARDI, AMY L. MCLAUGHLIN, and JAMES MIRANDA, along with other persons known and unknown, were members and/or associates of an enterprise referred to herein as THE CRIMINAL ENTERPRISE, which consisted of a group of persons sharing a common purpose of engaging in criminal conduct. THE CRIMINAL ENTERPRISE had an ascertainable structure that was distinct from a pattern of criminal activity, and had a continuity
1
of existence, structure, and criminal purpose beyond the scope of individual criminal incidents.
The defendants listed under Count One were members of THE CRIMINAL ENTERPRISE, an organized illegal loansharking and illegal gambling network that operated in Richmond County and elsewhere inside and outside of State of New York, including the State of New Jersey. THE CRIMINAL ENTERPRISE constituted a “criminal enterprise” as the term is defined in Penal Law § 460.10(3).
Many members of THE CRIMINAL ENTERPRISE consisted of members and associates of the Gambino Crime Family. The Gambino Crime Family is one of the five traditional Organized Crime families operating in the New York area and elsewhere in the United States and abroad. The other four families are the Bonanno Crime Family, Colombo Crime Family, Genovese Crime Family, and Lucchese Crime Family. The families are part of a criminal network variously known as “the Mafia,” “the Mob,” and “La Cosa Nostra.”
These Organized Crime families seek to be a secret society of individuals that follow a hierarchical structure, which is headed by a “boss.” The “boss” is assisted by an “underboss” or “street boss,” and by a counselor and mediator known as a “consigliere.” The Gambino Crime Family, as the other four families, operate through groups of individuals known as “crews.” Each “crew” is led by a captain or “capo” or “capo de regime.” The crew consists of “soldiers” and “associates.” The positions of “boss,” “underboss/street boss,” “consigliere,” “capo,” and “soldier” are considered
“made members,” “friends of ours,” or “wise guys,” having taken an oath to put the 2
interests of the crime family above their own individual interests. A “capo” typically has at least two “soldiers” who report to and serve him, but it could be many more. “Soldiers” try to insulate and protect their “capo.” In addition to “made members,” each crew has “associates” who are sometimes referred to as being “connected” or identified as being “with” the “soldiers” and/or “capo.” The “associates” report to and serve a “soldier.” The “associates” engage in the day-to-day criminal activities of the crew and seek to insulate and protect the “made members.”
During on or about and between July 1, 2021 to June 6, 2023, the defendants JOHN J. LAFORTE, ANTHONY J. CINQUE, JR., and JOHN MATERA held the rank of “soldier” in the Gambino Crime Family. They delegated the oversight of certain activities of THE CRIMINAL ENTERPRISE to EDWARD A. LAFORTE, an “associate,” who was aided in the criminal endeavors relating to illegal loansharking and illegal gambling by other Gambino Crime Family “associates” (FREDERICK P. FALCONE, SR., GIULIO POMPONIO, and DANIEL F. BOGAN), as well as Colombo associate (CHARLES FUSCO), and other participants (ROBERT W. CARTER, LOUIS A. PALOMBO, ARTHUR GELLER, DANIEL M. SCARABAGGIO, DANIEL H. SHAH, VINCENT J. RICCIARDI, AMY L. MCLAUGHLIN, and JAMES MIRANDA), who functioned as a part of THE CRIMINAL ENTERPRISE by engaging in shared criminal activities and purposes in furtherance of illegal loansharking and illegal gambling. These “made members,” “associates,” other participants, and co-conspirators comprised THE CRIMINAL ENTERPRISE.
3
The Structure and Purpose of the Criminal Enterprise
The common purpose of THE CRIMINAL ENTERPRISE was to make money through illegal activities, including illegal loansharking (Criminal Usury in the First Degree) and illegal gambling (Promoting Gambling in the First Degree). The defendants and others associated with them engaged in surreptitious conduct and coded communication to try to prevent law enforcement from detecting their identities and their illegal conduct. It was the common purpose of the members of THE CRIMINAL ENTERPRISE to operate an illegal gambling and loansharking operation to generate money for its members through the specialized roles of each defendant in the enterprise. Additionally, it was the common purpose of the enterprise to conceal its illegal conduct from law enforcement agencies, protect the enterprise from infiltration by law enforcement, and conceal and preserve the proceeds of the illegal activities by its members. The participants of this enterprise coordinated their activities to achieve its common purpose through a hierarchical structure.
From approximately July 1, 2021 to June 6, 2023, THE CRIMINAL ENTERPRISE accounted for weekly usurious loan payments on a principal loan figure of approximately $500,000 in usurious loans. From approximately September 15, 2022 to March 29, 2023, THE CRIMINAL ENTERPRISE accounted for over seventy bettors who placed approximately $22,753,964 in illegal wagers on sporting events under EDWARD A. LAFORTE’s Master Agent account through an illegal gambling website,
www.ubet1288.com. 4
The conduit of THE CRIMINAL ENTERPRISE was EDWARD A. LAFORTE. In both the illegal loansharking activities and illegal gambling activities, EDWARD A. LAFORTE was obligated to earn for soldiers JOHN J. LAFORTE and ANTHONY J. CINQUE, JR. To accomplish this objective, EDWARD A. LAFORTE employed, and collected proceeds from, sheetholders within the illegal gambling activities. Additionally, EDWARD A. LAFORTE and FREDERICK P. FALCONE, SR. collected usurious loan payments from loansharking victims that both FREDERICK P. FALCONE, SR., and EDWARD A. LAFORTE provided usurious loans to, respectively and collectively. These proceeds were delivered by EDWARD A. LAFORTE and AMY L. MCLAUGHLIN to ANTHONY J. CINQUE, JR. at Auto Lounge of Edison, 540 US-1 Edison, New Jersey 08817, a used car dealership, which is partly owned by ANTHONY J. CINQUE, JR. Additionally, at times, EDWARD A. LAFORTE would leave proceeds of the illegal loansharking and illegal gambling activities at Frank and Danny’s Pizzeria, 4369 Amboy Road, Staten Island, New York 10312.
The Loansharking Conspiracy
With respect to the illegal loansharking operation, EDWARD A. LAFORTE and FREDERICK P. FALCONE, SR. worked collectively as loan sharks within THE CRIMINAL ENTERPRISE. In some instances, they shared loansharking victims. Both maintained detailed loansharking ledgers that included names of victims and their respective usurious loan amounts. The respective ledgers also detailed the weekly usurious loan payments to be made by the loansharking victims.
5
The weekly interest charge is called the vigorish. Also, known as the “vig” or the “juice” and is measured in “points,” a term that is used to describe a percentage point. FREDERICK P. FALCONE, SR. had the practice of meeting his loansharking victims at the Eltingville Shopping Center, the Greenridge Shopping Center (both in Richmond County), his residence, and/or the loansharking victim’s residence. EDWARD A. LAFORTE had the practice of meeting his loansharking victims at China Chalet, 4326 Amboy Road, Staten Island, New York (a restaurant in Richmond County), his residence and/or the loansharking victim’s residence. Additionally, EDWARD A. LAFORTE instructed and instilled the practice with his loansharking victims to leave their usurious loan payments at China Chalet or his residence for future collection by EDWARD A. LAFORTE, AMY L. MCLAUGHLIN or JAMES MIRANDA (McLaughlin’s son). FREDERICK P. FALCONE, SR. and EDWARD A. LAFORTE functioned as collectors and/or recipients of weekly usurious loan payments by urging loan shark victims to pay debts in a timely manner within THE CRIMINAL ENTERPRISE. At times, FREDERICK P. FALCONE, SR. and EDWARD A. LAFORTE needed the authorization of JOHN J. LAFORTE and ANTHONY J. CINQUE, JR. to disperse the loans. In some instances, JOHN J. LAFORTE and ANTHONY J. CINQUE, JR. funded the disbursement of the usurious loan figures within THE CRIMINAL ENTERPRISE. FREDERICK P. FALCONE, SR. and EDWARD A. LAFORTE would meet weekly to discuss and exchange money for both the illegal loansharking and illegal gambling operations.
The Illegal Gambling Conspiracy
6
With respect to the illegal gambling operation, EDWARD A. LAFORTE maintained a managerial role of THE CRIMINAL ENTERPRISE. As manager, EDWARD A. LAFORTE had access to Master Agent gambling account credentials, named “sharkma” through the illegal gambling website,
www.ubet1288.com. In this role, EDWARD A. LAFORTE managed sheetholders and bettors, including providing each with their own combination of account username and password. EDWARD A. LAFORTE also paid the illegal gambling website to allow his bettors and sheetholders to continually use the platform. AMY L. MCLAUGHLIN assisted EDWARD A. LAFORTE in maintaining, organizing, and keeping records, as well as collecting and distributing proceeds of the illegal gambling activities.
JOHN J. LAFORTE operated and acted in a supervisory role over EDWARD A. LAFORTE’s Master Agent gambling account. In this role, JOHN J. LAFORTE assisted in making decisions on issues arising out of this gambling operation within THE CRIMINAL ENTERPRISE. As Master Agent, EDWARD A. LAFORTE was financially responsible to provide proceeds of THE CRIMINAL ENTERPRISE to both JOHN J. LAFORTE and ANTHONY J. CINQUE, JR. Additionally, JOHN J. LAFORTE and ANTHONY J. CINQUE, JR. would also fund a portion of the illegal gambling activities to assist with the payment of winning bettors.
EDWARD A. LAFORTE, using his Master Agent account, employed and supervised several sheetholders. A sheetholder is an employee of a gambling operation who typically manages the bets and collections for a number of individual bettors. Sheetholders, also known as “runners” or “agents,” may have a “quarter-
7
sheet” or a “half-sheet,” terms which indicate the amount of the sheetholder’s commission on bets made through the bookmaker. The half-sheet is a 50-50 partnership with the bookmaker. A quarter-sheet means the sheetholder receives or pays 25 percent, while the bookmaker takes or pays 75 percent.
The sheetholders identified in THE CRIMINAL ENTERPRISE are CHARLES FUSCO, ROBERT W. CARTER, GIULIO POMPONIO, ARTHUR GELLER, DANIEL M. SCARABAGGIO, DANIEL H. SHAH, VINCENT J. RICCIARDI, FREDERICK P. FALCONE SR., LOUIS A. PALOMBO, and DANIEL F. BOGAN. Daily, these sheetholders managed their bettors and contacted EDWARD A. LAFORTE with issues related to these bettors. The sheetholders also collected each bettor’s financial losses and provided payment to the bettors if they won. The weekly figure for each bettor was provided to their respective sheetholder by EDWARD A. LAFORTE, and many times with the assistance of AMY L. MCLAUGHLIN. Additionally, JOHN MATERA reviewed weekly winnings and losses within the illegal gambling operation with other members of THE CRIMINAL ENTERPRISE. JOHN MATERA also reviewed weekly bettor credit limits with other members of THE CRIMINAL ENTERPRISE to discuss how much a bettor can continue to risk.
In both the illegal loansharking and illegal gambling operations, AMY L. MCLAUGHLIN acted as record keeper, assisting EDWARD A. LAFORTE in his role in THE CRIMINAL ENTERPRISE. AMY L. MCLAUGHLIN’s son, JAMES MIRANDA, also participated in THE CRIMINAL ENTERPRISE. JAMES
8
MIRANDA acted as a courier collecting and distributing proceeds of both the illegal loansharking and illegal gambling activities. EDWARD A. LAFORTE and AMY L. MCLAUGHLIN would direct JAMES MIRANDA to meet with sheetholders and loansharking victims when they were unavailable.
PATTERN OF CRIMINAL ACTIVITY
During the charged period of THE CRIMINAL ENTERPRISE , the defendants,
JOHN J. LAFORTE, ANTHONY J. CINQUE, JR., JOHN MATERA, EDWARD A. LAFORTE, FREDERICK P. FALCONE, SR., GIULIO POMPONIO, CHARLES FUSCO, DANIEL F. BOGAN, ROBERT W. CARTER, LOUIS A. PALOMBO, ARTHUR GELLER, DANIEL M. SCARABAGGIO, DANIEL H. SHAH, VINCENT J. RICCIARDI, AMY L. MCLAUGHLIN, and JAMES MIRANDA, along with other persons known and unknown, with intent to participate in and advance from the affairs of THE CRIMINAL ENTERPRISE and pursuant to a common scheme and plan, engaged in conduct constituting or were criminally liable for the following criminal acts including within a pattern of criminal activity.
Loansharking PATTERN ACT 1
(Related to Victim 11)
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and JAMES MIRANDA, each aiding and acting in concert with each other and others known and unknown to the
1 Victim 1 is known to the members of the Grand Jury.
9
Grand Jury, committed the crime of CRIMINAL USURY IN THE FIRST DEGREE in violation of Penal Law § 190.42 as follows:
The defendants, from on or about June 24, 2022 through May 9, 2023, in the County of Richmond and elsewhere, inside and outside the State of New York, each aiding the other and acting in concert, as part of a scheme or business of making or collecting usurious loans, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or forbearance of any money, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
PATTERN ACT 2
(Related to Victim 22)
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and JAMES MIRANDA, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of CRIMINAL USURY IN THE FIRST DEGREE in violation of Penal Law § 190.42 as follows:
The defendants, from on or about June 1, 2022 through May 9, 2023, in the County of Richmond and elsewhere, inside and outside the State of New York, each aiding the other and acting in concert, as part of a scheme or business of making or collecting usurious loans, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or forbearance of
2 Victim 2 is known to the members of the Grand Jury.
10
any money, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
PATTERN ACT 3
(Related to Victim 33)
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, and FREDERICK P. FALCONE, SR., each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of CRIMINAL USURY IN THE FIRST DEGREE in violation of Penal Law § 190.42 as follows:
The defendants, from on or about January 17, 2022 through May 9, 2023, in the County of Richmond and elsewhere, inside and outside the State of New York, each aiding the other and acting in concert, as part of a scheme or business of making or collecting usurious loans, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or forbearance of any money, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
PATTERN ACT 4
(Related to Victim 44)
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and JAMES MIRANDA, each aiding and acting in concert with each other and others known and unknown to the
3 Victim 3 is known to the members of the Grand Jury. 4 Victim 4 is known to the members of the Grand Jury.
11
Grand Jury, committed the crime of CRIMINAL USURY IN THE FIRST DEGREE in violation of Penal Law § 190.42 as follows:
The defendants, from on or about December 4, 2022 through May 9, 2023, in the County of Richmond and elsewhere, inside and outside the State of New York, each aiding the other and acting in concert, as part of a scheme or business of making or collecting usurious loans, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or forbearance of any money, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
PATTERN ACT 5
(Related to Victim 75)
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and JAMES MIRANDA, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of CRIMINAL USURY IN THE FIRST DEGREE in violation of Penal Law § 190.42 as follows:
The defendants, from on or about October 10, 2022 through May 9, 2023, in the County of Richmond and elsewhere, inside and outside the State of New York, each aiding the other and acting in concert, as part of a scheme or business of making or collecting usurious loans, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or forbearance of
5 Victim 7 is known to the members of the Grand Jury.
12
any money, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
PATTERN ACT 6
(Related to Victim 96)
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and JAMES MIRANDA, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of CRIMINAL USURY IN THE FIRST DEGREE in violation of Penal Law § 190.42 as follows:
The defendants, from on or about October 31, 2021 through May 9, 2023, in the County of Richmond and elsewhere, inside and outside the State of New York, each aiding the other and acting in concert, as part of a scheme or business of making or collecting usurious loans, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or forbearance of any money, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
PATTERN ACT 7
(Related to Victim 107)
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, FREDERICK P. FALCONE, SR., and AMY L. MCLAUGHLIN, each aiding and acting in concert with each other and others known
6 Victim 9 is known to the members of the Grand Jury. 7 Victim 10 is known to the members of the Grand Jury.
13
and unknown to the Grand Jury, committed the crime of CRIMINAL USURY IN THE FIRST DEGREE in violation of Penal Law § 190.42 as follows:
The defendants, from on or about January 10, 2023 through May 9, 2023, in the County of Richmond and elsewhere, inside and outside the State of New York, each aiding the other and acting in concert, as part of a scheme or business of making or collecting usurious loans, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or forbearance of any money, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
PATTERN ACT 8
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, FREDERICK P. FALCONE, SR., AMY L. MCLAUGHLIN, and JAMES MIRANDA, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of CONSPIRACY IN THE FOURTH DEGREE in violation of Penal Law § 105.10(1), as follows:
The defendants, from on or about July 1, 2021 through June 6, 2023, in the County of Richmond, and elsewhere, inside and outside the State of New York, with intent that conduct constituting a class C felony, to wit: CRIMINAL USURY IN THE FIRST DEGREE (Penal Law § 190.42), be performed, agreed with one or more persons to engage in or cause the performance of such conduct, as charged in Count 2 of this Indictment.
14
Bookmaking PATTERN ACT 9
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR., EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER, FREDERICK P. FALCONE, SR., ARTHUR GELLER, CHARLES FUSCO, and DANIEL F. BOGAN, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about April 20, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 10
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER, FREDERICK P. FALCONE, SR., ARTHUR GELLER, CHARLES FUSCO, and DANIEL F. BOGAN, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
15
The defendants, on or about May 3, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 11
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER, FREDERICK P. FALCONE, SR., ARTHUR GELLER, CHARLES FUSCO, and DANIEL F. BOGAN, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about June 11, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 12
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER, ARTHUR GELLER, CHARLES FUSCO, and DANIEL F. BOGAN, each aiding and acting in concert with each other and others known and unknown to the Grand
16
Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about July 16, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 13
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER, FREDERICK P. FALCONE, SR., CHARLES FUSCO, JOHN MATERA, DANIEL H. SHAH, and DANIEL F. BOGAN, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about August 25, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 14
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER,
17
FREDERICK P. FALCONE, SR., GIULIO POMPONIO, CHARLES FUSCO, JOHN MATERA, DANIEL H. SHAH, and DANIEL F. BOGAN, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about September 15, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 15
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER, FREDERICK P. FALCONE, SR., GIULIO POMPONIO, CHARLES FUSCO, JOHN MATERA, DANIEL F. BOGAN, VINCENT J. RICCIARDI, and LOUIS A. PALOMBO, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about September 18, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent
18
that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 16
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER, FREDERICK P. FALCONE, SR., CHARLES FUSCO, JOHN MATERA, DANIEL F. BOGAN, VINCENT J. RICCIARDI, LOUIS A. PALOMBO, and DANIEL M. SCARABAGGIO, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about October 1, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 17
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER, FREDERICK P. FALCONE, SR., CHARLES FUSCO, JOHN MATERA, GIULIO POMPONIO, DANIEL F. BOGAN, VINCENT J. RICCIARDI, LOUIS A. PALOMBO, and DANIEL M. SCARABAGGIO, each aiding and acting in
concert with each other and others known and unknown to the Grand Jury, 19
committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about October 9, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 18
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER, FREDERICK P. FALCONE, SR., CHARLES FUSCO, JOHN MATERA, GIULIO POMPONIO, DANIEL F. BOGAN, VINCENT J. RICCIARDI, and LOUIS A. PALOMBO, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about November 27, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 19
20
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR., EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER, FREDERICK P. FALCONE, SR., CHARLES FUSCO, JOHN MATERA, GIULIO POMPONIO, DANIEL F. BOGAN, VINCENT J. RICCIARDI, and LOUIS A. PALOMBO, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about December 18, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 20
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER, FREDERICK P. FALCONE, SR., CHARLES FUSCO, GIULIO POMPONIO, DANIEL F. BOGAN, and VINCENT J. RICCIARDI, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
21
The defendants, on or about February 12, 2023, in the County of Richmond and elsewhere, inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 21
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and JOHN MATERA, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about December 4, 2022, in the County of Richmond and elsewhere inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 22
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and GIULIO POMPONIO, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
22
The defendants, on or about November 26, 2022, in the County of Richmond and elsewhere inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 23
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and CHARLES FUSCO, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about May 7, 2022, in the County of Richmond and elsewhere inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 24
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and DANIEL F. BOGAN, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
23
The defendants, on or about January 22, 2023, in the County of Richmond and elsewhere inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 25
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and ROBERT W. CARTER, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about October 23, 2022, in the County of Richmond and elsewhere inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 26
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and LOUIS A. PALOMBO, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
24
The defendants, on or about November 13, 2022, in the County of Richmond and elsewhere inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 27
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and ARTHUR GELLER, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about June 4, 2022, in the County of Richmond and elsewhere inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 28
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and DANIEL M. SCARABAGGIO, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING
25
GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about October 8, 2022, in the County of Richmond and elsewhere inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 29
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and DANIEL H. SHAH, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about August 27, 2022, in the County of Richmond and elsewhere inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 30
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and VINCENT J. RICCIARDI, each aiding and acting in concert with each other and others known
26
and unknown to the Grand Jury, committed the crime of PROMOTING GAMBLING IN THE FIRST DEGREE in violation of Penal Law § 225.10(1) as follows:
The defendants, on or about February 11, 2023, in the County of Richmond and elsewhere inside and outside the State of New York, knowingly advanced or profited from unlawful gambling activity by engaging in bookmaking to the extent that they received or accepted on that date more than five bets totaling more than five thousand dollars.
PATTERN ACT 31
The defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR.,
EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, ROBERT W. CARTER, ARTHUR GELLER, FREDERICK P. FALCONE, SR., CHARLES FUSCO, JOHN MATERA, DANIEL H. SHAH, GIULIO POMPONIO, DANIEL F. BOGAN, VINCENT J. RICCIARDI, LOUIS A. PALOMBO, DANIEL M. SCARABAGGIO, and JAMES MIRANDA, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, committed the crime of CONSPIRACY IN THE FIFTH DEGREE in violation of Penal Law §105.05(1), as follows:
The defendants, from on or about April 14, 2022 to May 23, 2023, in the County of Richmond and elsewhere, inside and outside the State of New York, with intent that conduct constituting a felony be performed, to wit: PROMOTING GAMBLING IN THE FIRST DEGREE (Penal Law § 225.10(1)), agreed with one or more persons
27
to engage in or cause the performance of such conduct, as charged in Count 30 of this Indictment.
COUNT 2
The Grand Jury of Richmond County, by this Indictment, accuses the defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR., EDWARD A. LAFORTE, FREDERICK P. FALCONE, SR., AMY L. MCLAUGHLIN, FREDERICK FALCONE, JR., and JAMES MIRANDA, acting in concert with each other and others both known and unknown to the Grand Jury, of the crime of CONSPIRACY IN THE FOURTH DEGREE, in violation of New York State Penal Law § 105.10(1), committed as follows:
The defendants, from on or about July 1, 2021 through June 6, 2023, in the County of Richmond, and elsewhere, with intent that conduct constituting a class C felony, to wit: CRIMINAL USURY IN THE FIRST DEGREE (Penal Law § 190.42), be performed, agreed with one or more persons to engage in or cause the performance of such conduct.
PREAMBLE
It was the purpose of this conspiracy to operate an illegal loansharking operation in which the participants oversaw, procured, offered, delivered, and collected the proceeds of illegal usurious loans.
It was the role of FREDERICK P. FALCONE, SR. and EDWARD A. LAFORTE to function as collectors and/or recipients of weekly usurious loan payments by urging loan shark victims to pay debts in a timely manner.
28
FREDERICK P. FALCONE, SR. and EDWARD A. LAFORTE needed the authorization of JOHN J. LAFORTE and ANTHONY J. CINQUE, JR. to disperse the loans. JOHN J. LAFORTE and ANTHONY J. CINQUE, JR. funded the disbursement of the usurious loan figures.
FREDERICK P. FALCONE, SR. had the practice of meeting his loansharking victims at agreed upon locations. For a time period, FREDERICK FALCONE, JR. maintained the same role and same practice for FREDERICL P. FALCONE, Sr. EDWARD A. LAFORTE had the practice of meeting his loansharking victims at agreed upon locations. It was the role of AMY L. MCLAUGHLIN and/ or JAMES MIRANDA to assist in collecting weekly payments from loan shark victims on EDWARD A. LAFORTE’s behalf.
It was also a part of this conspiracy for members of the conspiracy to communicate with each other and others over cellular telephones using codes and communicating in a guarded, cryptic manner.
OVERT ACTS:
In furtherance of said conspiracy and to effect the objects thereof, and during the course thereof, the following overt acts, among others, were committed:
1. On or about June 21, 2022, in Richmond County, New York, EDWARD A. LAFORTE had a telephone conversation with Victim 2, during which EDWARD A. LAFORTE stated, in sum and substance, “Let’s call it fifty” and “Yeah, let’s call it two and a half, right? I don’t wanna talk anymore than that. Two and a half, it’s
29
twelve fifty a week” whereupon Victim 2 stated, in sum and substance, “No, I get it, I get it.”
2. On or about June 24, 2022, in Richmond County, New York, EDWARD A. LAFORTE had a telephone conversation with Victim 1, during which, EDWARD A. LAFORTE stated, in sum and substance, “I got eight. So, eight and twelve, is two— ” and “so we’ll figure it all out. You know what it is, two and a half, all right, all right, all right—”, whereupon Victim 1 stated, in sum and substance, “I got everything. Bye, bye, thank you.”
3. On or about June 24, 2022, in Richmond County, New York, EDWARD A. LAFORTE had a telephone conversation with JAMES MIRANDA, during which, JAMES MIRANDA stated, in sum and substance, “No, I, I, put it in the mailbox. I put it under his other package that was in the mailbox” and EDWARD A. LAFORTE replied, in sum and substance, “That’s eight- there’s eight thousand dollars there brother. He, he’s asking where it is. He can’t find it.”
4. OnoraboutAugust15,2022,inRichmondCounty,NewYork,ANTHONYJ. CINQUE, JR. had a telephone conversation with EDWARD A. LAFORTE, during which, ANTHONY J. CINQUE, JR. stated, in sum and substance, “Yeah, I’m going to be here” and EDWARD A. LAFORTE replied, in sum and substance, “I’m coming over the bridge soon.”
5. On or about August 15, 2022, in Richmond County, New York, JOHN J. LAFORTE had a telephone conversation with EDWARD A. LAFORTE, during which JOHN J. LAFORTE stated, in sum and substance, “No just that, that
30
paperwork was wrong that you brought there it wasn’t, it was, it was wrong, so you know” whereupon during the telephone conversation, EDWARD A. LAFORTE stated, in sum and substance, “Yeah, I’m thinking, oh, oh yes John I, I know what I did, I didn’t pay, I know.”
6. On or about October 4, 2022, in Richmond County, New York, JOHN J. LAFORTE had a telephone conversation with EDWARD A. LAFORTE, during which, EDWARD A. LAFORTE, stated in sum and substance, “[Victim 7] wants to talk to me, is that all right?” and JOHN J. LAFORTE replied in sum and substance, “No, no he’s a flounderer” and “Nah, he’s a no, I mean that’s up to you Ed.”
7. On or about December 3, 2022, in Richmond County, New York, JOHN J. LAFORTE had a telephone conversation with Victim 4, during which Victim 4 stated, in sum and substance, “Yeah, No, I’m good. Everything is good I just need a, a helping hand” and JOHN J. LAFORTE replied, in sum and substance, “Oh, all right [Victim 4]. Yeah, catch me, you catch me, you’ll catch me.”
8. On or about December 4, 2022, in Richmond County, New York, JOHN J. LAFORTE met with Victim 4.
9. On or about December 4, 2022, in Richmond County, New York, JOHN J. LAFORTE had a telephone conversation with EDWARD A. LAFORTE, during which, JOHN J. LAFORTE stated, in sum and substance, “Just give my, [Victim 4] like five minutes of your time. He’s a good, good, my good pal. All right?” and EDWARD A. LAFORTE replied, in sum and substance, “Yeah, now. Yeah.”
31
10.On or about October 30, 2022, in Richmond County, New York, FREDERICK FALCONE, JR. met with Victim 3, to collect a weekly interest payment.
11. On or about November 3, 2022, in Richmond County, New York, FREDERICK FALCONE, JR. met with Witness 2,8 to collect a weekly interest payment, during which Witness 2 paid the full principal amount of the loan.
12. On or about November 3, 2022, in Richmond County, New York, FREDERICK FALCONE, JR. met with Witness 1,9 during which Witness 1 requested a loan from both FREDERICK P. FALCONE, SR. and FREDERICK FALCONE, JR.
13.On or about November 29, 2022, in Richmond County, New York, JAMES MIRANDA had a telephone conversation with EDWARD A. LAFORTE, during which, JAMES MIRANDA stated, in sum and substance, “I know, I know I messed up” whereupon EDWARD A. LAFORTE stated during the conversation, in sum and substance, “Jesus Christ you don’t realize the magnitude of this he owed me tens and twenties of thousands of dollars, all right, bye.”
14.On or about January 9, 2023, in Richmond County, New York, FREDERICK P. FALCONE, SR. had a telephone conversation with EDWARD A. LAFORTE, during which, FREDERICK P. FALCONE, SR. stated, in sum and substance, “yeah, yeah, it’s you know, I’ll explain when I see you. I went to see him. He’s good. We’re good” and EDWARD A. LAFORTE replied, in sum and substance, “All right, so do you want me, do you want me to talk to him—”
8 Witness 2 is known to members of the Grand Jury. 9 Witness 1 is known to members of the Grand Jury.
32
15.On or about January 10, 2023, in Richmond County, New York, JOHN J. LAFORTE had a telephone conversation with EDWARD A. LAFORTE, during which, EDWARD A. LAFORTE stated, in sum and substance, “I gotta go to Secaucus first and the I gotta go- I spoke to Freddy, I gotta go to Edison after that” and JOHN J. LAFORTE replied, in sum and substance, “Oh, yeah, did you meet the [Victim 10]” and EDWARD A. LAFORTE replied, in sum and substance, “Yeah, he’s good he said but, I’m gonna, I’m gonna, I’m gonna be there when it actually happens, but he said it’s good” and JOHN J. LAFORTE replied, in sum and substance, “Very good, all right, okay. That’s what I was call[ed].”
16.On or about January 28, 2023, in Richmond County, New York, JAMES MIRANDA had a telephone conversation with EDWARD A. LAFORTE, during which JAMES MIRANDA listed, in sum and substance, names and financial figures from envelopes he collected for EDWARD A. LAFORTE, whereupon EDWARD A. LAFORTE stated, in sum and substance, “You’re on point brother, man you’re made for this kind of thing.”
17.On or about March 1, 2023, in Richmond County, New York, EDWARD A. LAFORTE had a telephone conversation with JOHN J. LAFORTE, during which, EDWARD A. LAFORTE stated, in sum and substance, “I spoke to [Victim 9]. I’ll talk to you about, and we’ll get together with him, and see what he’s got to say, all right?” and JOHN J. LAFORTE replied, in sum and substance, “well, for me and you to talk, but whatever...”
33
18.On or about March 6, 2023, in Richmond County, New York, EDWARD A. LAFORTE had a telephone conversation with ANTHONY J. CINQUE, JR., during which, EDWARD A. LAFORTE stated, in sum and substance, “So, I, I...so, I saw my brother, and that’s it, but I need to, I need to, I got, if you have time tomorrow, I want to come and talk to you about something” and ANTHONY J. CINQUE, JR. replied, in sum and substance, “All right, I’ll see you later.”
19.On or about March 7, 2023, in Richmond County, New York, EDWARD A. LAFORTE sent an SMS message, which read in sum and substance, “What's up Anthony it's Eddie I'm just heading over the bridge I just wanted to make sure that you were there” and ANTHONY J. CINQUE, JR. replied in SMS, which read in sum and substance, “Yes I’m here.”
20.On or about March 7, 2023, in the State of New Jersey, EDWARD A. LAFORTE met with ANTHONY J. CINQUE, JR. at Auto Lounge of Edison, 540 US-1, Edison, New Jersey.
21.On or about March 7, 2023, EDWARD A. LAFORTE sent an SMS message to Victim 9, which read in sum and substance, “[Victim 9] I was able to take care of that 10 for tomorrow[.]”
22.On or about April 3, 2023, in Richmond County, New York, EDWARD A. LAFORTE and AMY L. MCLAUGHLIN, had a conversation, during which, AMY L. MCLAUGHLIN stated, in sum and substance, “What on Mondays?” and EDWARD A. LAFORTE replied, in sum and substance, “Anthony.” Later in the conversation, AMY L. MCLAUGHLIN stated, in sum and substance, “I have thirty-
34
five, fifty-five. 39 of 40 for the six hundred and 24 of 52 for five hundred” and EDWARD A. LAFORTE replied, in sum and substance, “And we give him twenty- four, fifty-five now?”
23.On or about April 4, 2023, in Richmond County, New York, EDWARD A. LAFORTE and AMY L. MCLAUGHLIN, had a conversation, during which, EDWARD A. LAFORTE stated, in sum and substance, “Anthony’s holding the bank book because with the six hundred I keep paying. Every month, it’s twenty-five hundred” and AMY L. MCLAUGHLIN replied, in sum and substance, “Right.”
24.On or about April 28, 2023, in Richmond County, New York, EDWARD A. LAFORTE was recorded stating, in sum and substance, “And John don’t ask for nothing. But John gets, John’s the one that’s getting the point sharing with Anthony, nobody else. They, they know that I’m solid.”
25.On or about May 11, 2023, in Richmond County, New York, EDWARD A. LAFORTE and AMY L. MCLAUGHLIN, had a conversation, during which, EDWARD A. LAFORTE stated, in sum and substance, “Do you remember did you put Anthony Cinque on anything?” and AMY L. MCLAUGHLIN replied, in sum and substance, “No, I put A on top” and “I didn’t put Danny and Freddy, only put the initials.”
COUNT 3
(Related to Victim 1)
The Grand Jury of Richmond County, by this Indictment, accuses the
defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR., EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and JAMES MIRANDA, each aiding and
35
acting in concert with each other and others known and unknown to the Grand Jury, of the crime of CRIMINAL USURY IN THE FIRST DEGREE in violation of Penal Law § 190.42 as follows:
The defendants, from on or about June 24, 2022 through May 9, 2023, in the County of Richmond and elsewhere, inside and outside the State of New York, each aiding the other and acting in concert, as part of a scheme or business of making or collecting usurious loans, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or forbearance of any money, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
COUNT 4
(Related to Victim 1)
The Grand Jury of Richmond County, by this Indictment, accuses the
defendants, JOHN J. LAFORTE, ANTHONY J. CINQUE, JR., EDWARD A. LAFORTE, AMY L. MCLAUGHLIN, and JAMES MIRANDA, each aiding and acting in concert with each other and others known and unknown to the Grand Jury, of the crime of CRIMINAL USURY IN THE SECOND DEGREE in violation of Penal Law § 190.40 as follows:
The defendants, from on or about June 24, 2022 through May 9, 2023, in the County of Richmond and elsewhere, inside and outside the State of New York, each aiding the other and acting in concert, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or
36
forbearance of any money, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
COUNT 5
(Related to Witness 1)
The Grand Jury of Richmond County, by this Indictment, accuses the
defendant, FREDERICK P. FALCONE, SR., of the crime of CRIMINAL USURY IN THE FIRST DEGREE in violation of Penal Law § 190.42 as follows:
The defendant, from on or about December 22, 2021 through July 28, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York, as part of a scheme or business of making or collecting usurious loans, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or forbearance of any money, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
COUNT 6
(Related to Witness 1)
The Grand Jury of Richmond County, by this Indictment, accuses the
defendant, FREDERICK P. FALCONE, SR. of the crime of CRIMINAL USURY IN THE SECOND DEGREE in violation of Penal Law § 190.40 as follows:
The defendant, from on or about December 22, 2021 through July 28, 2022, in the County of Richmond and elsewhere, inside and outside the State of New York, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or forbearance of any money, at a rate exceeding
37
twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
COUNT 7
(Related to Witness 1)
The Grand Jury of Richmond County, by this Indictment, accuses the
defendants, FREDERICK P. FALCONE, SR. and FREDERICK FALCONE, JR., each aiding and acting in concert with each other and others known and unknown to the Grand Jury, of the crime of CRIMINAL USURY IN THE FIRST DEGREE in violation of Penal Law § 190.42 as follows:
The defendants, from on or about November 3, 2022 through January, 14, 2024, in the County of Richmond and elsewhere, inside and outside the State of New York, each aiding the other and acting in concert, as part of a scheme or business of making or collecting usurious loans, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or forbearance of any money, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
COUNT 8
(Related to Witness 1)
The Grand Jury of Richmond County, by this Indictment, accuses the
defendants, FREDERICK P. FALCONE, SR. and FREDERICK FALCONE, JR., each aiding and acting in concert with each other and others known and unknown to the Grand Jury, of the crime of CRIMINAL USURY IN THE SECOND DEGREE in violation of Penal Law § 190.40 as follows:
38
The defendants, from on or about November 3, 2022 through January 14, 2024, in the County of Richmond and elsewhere, inside and outside the State of New York, each aiding the other and acting in concert, while not being authorized or permitted to do so by law, knowingly charged, took, or received money, as interest on a loan or forbearance of any money, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
COUNT 9
(Related to Witness 2)
The Grand Jury of Richmond County, by this Indictment, accuses the
defendants, FREDERICK P. FALCONE, SR. and FREDERICK FALCONE, JR., each aiding and acting in concert with each other and others known and unknown to....
[whoever is interested in reading the rest of this indictment can click the link below for the full indictment and transcript]
https://ag.ny.gov/sites/default/files/court-filings/final-ec-indictment-unsigned.pdf