Thursday, January 20, 2011

RI Criminal Defense Lawyer James E. Smith Posts Projo Article Covering The Recent La Cosa Nostra Arrests

RI Criminal Defense Lawyer James E. Smith found this article in the Projo.  

If you have any questions related to this article, or need a successful and skilled RI Criminal Defense Lawyer please contact Attorney James E. Smith at 401-649-0335 or by email from his website at http://www.ricriminaldefenselawyer.com

ALWAYS SPEAK WITH A LAWYER BEFORE SPEAKING WITH THE POLICE!

Update: Ex-mob boss Manocchio of RI charged in big sweep

12:36 PM Thu, Jan 20, 2011 | 
W. Zachary Malinowski    Email

PROVIDENCE -- Luigi "Baby Shacks'' Manocchio, the former longtime boss of the Patriarca crime family, was indicted Thursday morning on extortion charges alleging the shaking down the owners of several adult entertainment businesses in the city including the Cadillac Lounge and Satin Doll strip clubs.

manocchio_mug_150.jpg
Luigi Manocchio was arrested Wednesday in Fort Lauderdale, Fla., and spent the night in the Broward County Jail. 
AP photo / Broward Sheriff's Office
 

The five-page indictment unsealed in U.S. District Court also charged Thomas Iafrate, identified as a mob associate. They're each charged with extortion and extortion conspiracy

The charges come as federal agents this morning arrested more than 100 suspected mobsters in multiple investigations of organized crime families in New York, New Jersey and Rhode Island.

The charges against Manocchio, 83, allege that he received monthly protection payments -- paid in cash -- from the owners of the strip clubs. Failure to pay, would result in "the use of intimidation and implied threats of force, violence and fear," the indictment alleges.

Jim Martin, spokesman for U.S. Attorney Peter F. Neronha, said that Manocchio was arrested in Fort Lauderdale, Fla., on Wednesday afternoon. He spent the night at the Broward Country Jail. He is expected to appear in U.S. District Court in Fort Lauderdale sometime today.

Iafrate was arrested this morning at his home in Johnston. He is scheduled to appear in U.S. District Court in Providence at 2 p.m.

U.S. Attorney General Eric Holder announced the arrests and indictments of more than 100 organized crime figures New York, New Jersey and Rhode Island during a news conference this morning in Brooklyn, N.Y.

Extra: Read the .pdf chart of alleged La Cosa Nostra organized crime families referenced at the attorney general's press conference.

Holder reported that the overnight arrests of 127 people involved more than 800 federal, state and local law enforcement officials and "the unprecedented collaboration from four U.S. Attorney Offices."

In attendance at the press conference was U.S. District Attorney of Rhode Island Peter F. Neronha.

The arrests, Holder said, mark the largest action against organized crime in the history of the FBI. However, Holder cautioned that "the organized crime enterprise is far from over."

louis_manocchio_300.jpg
Luigi "Baby Shacks" Manocchio in Providence Superior Court in April 1999. His nickname is often misunderstood. For years, he'd been referred to as "Baby Shanks" rather than his real nickname, "Baby Shacks." It seems that an older relative was known as "Shacks," a reference to the man's reputation for "shacking up" with various women.

Providence Journal file photo 

"Today's arrests and charges mark an important step forward in disrupting La Cosa Nostra's illegal activities," Holder said. "This largest single day operation against La Cosa Nostra sends the message that our fight against traditional organized crime is strong, and our commitment is unwavering."

"As we've seen for decades, mafia operations can negatively impact our economy - not only through a wide array of fraud schemes but also through the illegal imposition of mob "taxes" at our ports, in our construction industries, and on our small businesses," Holder said.

"The violence outlined in these indictments, and perpetrated across decades, shows the lengths to which these individuals are willing to go to control their criminal enterprises and intimidate others," he said. "The Department of Justice and our partners are determined to eradicate these criminal enterprises once and for all, and to bring their members to justice."

In summarizing the scope of the investigation, Janice K. Fedarcyk, assistant director in charge of the FBI's New York Division mentioned Manocchio by name, identifying him as "boss of the New England crime family."

Extra: Read our special report State of the Mob

For decades, the Providence-based Patriarca crime family has overseen New England's organized crime empire.

In the early 90s, Manocchio became the New England boss. In recent years, the aging Manocchio has split his time between Federal Hill in Providence and Florida. Manocchio's role in the mob has diminished in the past five years.

The Associated Press noted that the takedown was another blow to New York's five Mafia crime families. Fedarcyk of the FBI said that members of all five New York families had been charged. Federal probes aided by mob turncoats have decimated the families' ranks and resulted in lengthy prison terms for several leaders, the Associated Press reported.

New York has five major organized crimes families: Gambino, Genovese, Luchese, Bonanno and Colombo.

In addition to Manocchio and Iafrate, also named in the indictments were Andrew Russo, 76, street boss of the Colombo family; Benjamin Castellazzo, 73, acting underboss of the Colombo family; Richard Fusco, 74, consigliere of the Colombo family; Joseph Corozzo, 69, consigliere of the Gambino family; and Bartolomeo Vernace, 61, a member of the Gambino family administration, according to the U.S. Attorneys Office in Rhode Island.

The most powerful family in northern New Jersey is Decavalcante.

In total, more than 30 official members of the LCN, or "made men," were charged in the indictments unsealed today, the U.S. Attorney's Office said.

According to the New York Times, the sweep began before dawn and the targets ranged from small-time book makers and crime-family functionaries to a number of senior mob figures and several corrupt union officials.

Also attending the news conference were Loretta E. Lynch, U.S. Attorney for the Southern District of New York; Preet Bharara, U.S. Attorney for the Southern District of New York; and Paul J. Fishman, U.S. Attorney for the District of New Jersey.

Read the U.S. Attorney's press release.

-- With reports by Journal Staff Writer Bryan Rourke

Thursday, January 6, 2011

RI Criminal Defense Lawyer James E. Smith Post Article on How to Handle a DUI Stop

How to Handle a Car Stop/ RI DUI Investigation

 

Okay, it’s Friday night/Saturday morning and you’re on your way home from a fun night of socializing, but before you arrive, you get stopped by the RI police.  You’re afraid your alcohol consumption may have put you at risk for an RI DUI arrest.  What do you do?

 There are many who say: “Don’t drink and drive in the first place!”  And you know what?  They’d be right.  If you’re one of them, stop reading.  This article isn’t for you. However, this article is for those who are human and prone to making mistakes.  So, if you’re part of that group, please by all means read on.

 The first thing you must do is avoid panic.  Being stopped by the RI police carries with it a certain amount of anxiety to begin with, so adding to it will only interfere with your thought process.

  When driving in Rhode Island you must always have ready your motor vehicle license, your car’s registration and proof of insurance ready to produce to a RI police officer if he’s stopped you and asks you to produce them.  It’s good practice to keep your insurance and registration in an envelope secured in your glove box.  It should always be ready.  Also, know where your license is.  Many times, I’ve ready RI police reports where the officer states the motorist had a hard time producing a license, or produced a credit card instead.  Don’t mix and match your drivers’ license and credit cards within your wallet.  Stow them separately within your wallet and make your license easily accessible.  “Fumbling” with your wallet will be written in the RI police report and used as evidence against you.

 

 When you see the RI police cruiser’s emergency lights, stop safely but immediately.  Roll your window down, but only to a degree sufficient to speak with the RI police officer.  You need not roll your window down completely and not doing so will send a subtle message that you are not going to submit to ANY searches.  Place your hands on your steering wheel so the officer can see them and then listen to what he has to say.

 

 Undoubtedly, he will ask you if you know why you were stopped.  I’ve always thought this was a funny question…as if he needs your permission.  He knows why he stopped you!  All he’s doing is trying to get you to confess to some sort of motor vehicle infraction that will immediately justify the stop.  We have an absolute, 100% right not to speak with the police (for more info see my article on the Fifth Amendment).  So, if asked do not supply any information.  Reply politely and state that you do not wish to answer any questions.

 

 The next question will likely be, "Have you had anything to drink tonight?" Remember your rights. You are not required to speak to the police and since you’ve already asserted your 5th Amendment right I would simply keep my mouth closed.  He might get mad.  He might appear angry.  So what.  He’s only angry because you are smart enough to know not to incriminate yourself.  Remain polite and remain silent. In the long run, it’s better for you if you supply no information.  Also, don’t think for a second that if you’re honest with the police officer that he will let you go.  The mere presence of alcohol on your breath will cause and arrest.  Why make it any easier for the RI police officer?  Remember – making it easy for the RI police officer means making hard for you.  Making it difficult for the RI police officer means making it better for you in the long run.

 

 Next you’ll likely be asked to submit to a series of Standard Field Sobriety Tests (SFSTs).  Once again, politely refuse.  You are not under ANY obligation to submit to these tests.  In reality these tests are designed for one thing – that is to create evidence to be ued against you in court.  After reading many, many RI DUI police reports, I can’t think of a single one where the motorist actually passed.  Don’t take them!

 

 By this time, you will have been as successful as possible in protecting your rights, but the RI police officer will still want evidence.  Actually, he’ll NEED it.  So, you’ll most likely be asked to submit to a Preliminary Breath Test (PBT).  Refuse it.  They are not reliable and more over, refusing it only results in a traffic fine, not a loss of license and certainly not an RI criminal record.  However if you do take it, the result will most surely result in a license suspension and/or RI criminal record.

 

 Sadly, at this point you will be arrested, placed in handcuffs and taken to the police station.  You will be asked to submit to a breathalyzer test, which you may refuse, but know that the refusal will result in a six month loss of license unless your RI criminal defense lawyer can show the court that the RI police officer had no reason to ask you to take it in the first place.  Also note that if you refuse, you will also be charged with an RI DUI.  That’s a criminal offense so you will have to face charges in both the RI District Court for the RI criminal charge and the RI Traffic Tribunal for the refusal charge.

 

 Be careful.  However, if you get arrested, you should call a successful RI Criminal Defense and DUI Lawyer as soon as you can!

 

 RI DUI, Rhode Island DUI, Providence DUI, Kent DUI, Washington DUI, Newport DUI.

 

 RI Criminal Defense Lawyer James E. Smith’s website and blog are listed below. 

 

http://www.ricriminaldefenselawyer.com

http://ricriminaldefenselawyer.posterous.com 

 

ALWAYS SPEAK WITH A LAWYER BEFORE SPEAKING WITH THE POLICE!