Updated news on the Gambino, Genovese, Bonanno, Lucchese, and Colombo Organized Crime Families of New York City.

Monday, September 23, 2013

Long time Colombo family associate sentenced to 14 years in prison


Colombo associate Francis (BF) Guerra
Earlier today, Francis “BF” Guerra, a long-time associate of the Colombo organized crime family of La Cosa Nostra (the “Colombo crime family”), was sentenced to 14 years’ imprisonment for his role in a scheme to fraudulently obtain and distribute prescription drugs. The sentence was imposed by the Honorable Sandra L. Townes, United States District Judge for the Eastern District of New York, at the United States Courthouse in Brooklyn, New York.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George C. Venizelos, Assistant Director in Charge, Federal Bureau of Investigation (FBI), New York Field Office.
Today’s proceeding marks the culmination of a lengthy investigation and prosecution by the U.S. Attorney’s Office and the FBI. Following a jury trial conducted in June and July 2011, Guerra was convicted of one count of conspiracy to distribute oxycodone and Oxycontin and one count of actually distributing those drugs in 2010 and 2011. In addition, he was convicted of four counts of wire fraud based on his fraudulently obtaining reimbursement for those drugs from his insurance provider.
During the sentencing proceeding, United States District Judge Sandra L. Townes found that, in addition to the crimes of conviction, the government proved by a preponderance of the evidence that the defendant had committed numerous additional crimes, including the 1992 murder of Michael Devine and the 1993 murder of Joseph Scopo. Devine was murdered because he had a relationship with the wife of Alphonse Persico, then the acting boss of the Colombo crime family and son of the official boss, Carmine Persico, Jr. Scopo was murdered because he was the underboss of a faction of the Colombo crime family that sought to take control from the Persicos. By murdering Scopo, Guerra and his co-conspirators won the “Colombo family war”—one of the most violent feuds in mafia history—for the Persico faction.
“Years ago, the defendant Guerra chose a life of crime, with murder as his criminal stock in trade. Organized crime has always been about money rather than honor, and recent years saw Guerra move into the equally deadly business of illegal trafficking in prescription drugs,” stated United States Attorney Lynch. “This sentence is a harsh warning to anyone considering introducing these addictive, deadly drugs into our community. This sentence also sends an important message to members and associates of organized crime. We will never stop investigating and prosecuting the murders and other violent crimes they commit, no matter how long ago they occurred, and we will hold those who commit such crimes accountable, regardless of how long they have avoided justice.” Ms. Lynch extended her grateful appreciation to the FBI and the New York City Police Department for their assistance.
FBI Assistant Director in Charge Venizelos stated, “The illegal traffic in prescription drugs poses as grave a danger to society as trafficking in illicit drugs. Today’s sentence reflects the seriousness of the offense. The sentence also closes a chapter in the bloody Colombo war from 20 years ago. Responsibility for two murders has been laid at the feet of this defendant. There is no statute of limitations on the resolve of the FBI to see justice done.”
The government’s case was prosecuted by Assistant United States Attorneys Nicole M. Argentieri and Allon Lifshitz.
Defendant
Francis Guerra
Age: 47

http://www.fbi.gov/newyork/press-releases/2013/long-time-colombo-crime-family-associate-sentenced-to-14-years-imprisonment


12 comments:

  1. Assembly line justice...pure and simple. The weight of the government v.s. Joe Shmoe...

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  2. United States District Judge Sandra L. Townes found that, in addition to the crimes of conviction, the government proved by a preponderance of the evidence that the defendant had committed numerous additional crimes, including the 1992 murder of Michael Devine and the 1993 murder of Joseph Scopo. Correct me if I'm wrong. Enhancing a sentence, not proven beyond a reasonable doubt by a jury, is in essence illegal, under our constitution ?

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  3. If I'm right it is legal for judges in rico cases to use crimes that they were charged with against them even though they were found guilty by the jury. Its totally absurd . Thats why you see prosecuters putting a lot of charges in with murder cases that way in case they don't get a convict ion on the murder but get one on othe predicates they can then use the murder against the defendant at sentencing.

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  4. Preponderance of evidence means " more likely than not" and is the standard of proof used in civil cases...not criminal. It is also illegal to use a persons past criminal history during a trial, but legal to use during sentencing. Example: California three strikes or any states habitual offender laws.

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  5. What a joke! Preponderance of the evidence? Isn't that what's required in a civil case? BF was found to be innocent of the crime of murder. Where was this last trial heard? The people's court? Who was the judge? Judge Judy? This is just one more case of the Brooklyn da's office looking for brownie points. I'd bet BF's conviction will eventually be overturned or at least be granted a new trial because of judge Judy's grandstanding and overtly pre conceived pre trial personal convictions against seemingly successful middle aged ITALIANS who by no choice of there own grew up in Bensonhurst Bk. What asham! Or should I say what a SHAM!

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    1. Youse said that twice . Youse goin senial ova here.Ohh

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  6. It is apparent to me that this judge had a pre trial grandstanding speech constructed well in advance. Preponderance or the evidence? What is this the peoples court? I think this judge watches too much Judge Judy. BF was never convicted of murder. He was charged. Brought to trial and found innocent of those charges. Even with a so called eyewitness. Who by the way saved his own fat neck. 14 years?!
    If this was an African American or Hispanic American the sentence would've been a slap on the wrist. Here you have a middle aged seemingly successful ITALIAN AMERICAN male who not by choice happened to be raised in a place called Bensonhust. 1.2.3 strikes your out at the old Brooklyn da's game. I'm hoping her speach comes back and bites her in the end. I can't see this sentence holding up. It's a shame or should I say a SHAM. TT BOY

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    1. Wheres judge JOE BROWN when you need him. They would b no mob if he was presiding.

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  7. The justice system in america sucks and the da's office is a joke.

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  8. I have know BF since he was 12 years old, I am friends with both
    His sisters. He is and always was a good person, comes from a great family,
    And I know he is innocent of these false charges and has been falsely
    Imprisoned.

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  9. I have known BF since he is 12 years old.
    I was 8 or so years older, having been friends with both his older sisters
    ( both class ladies). I have always known BF to be an honest man and good friend. He comes from a great family. I know he is innocent of the crimes

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  10. I have known BF since he is 12 years old.
    I was 8 or so years older, having been friends with both his older sisters
    ( both class ladies). I have always known BF to be an honest man and good friend. He comes from a great family. I know he is innocent of the crimes that he was falsely accused of. Stay strong Frank... See you soon Andrew accardo

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