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Case No. 09 CV 01882 – Joseph Fosco, Plaintiff, v. John DiFronzo and Peter DiFronzo and Jack P. Cerone and Rudolph Fratto, Jr., and Dr. Joseph Giacchino, Jr., Defendants. / Civil RICO Complaint

Posted on 26. Mar, 2009 by in Organized Crime

While I affirm that everything that I have ever written in all of my articles at KTF Media Group is truthful, I must admit I did not always reveal the entire story.

Some might argue that people concealing information have something incriminating to hide. While this might be true in some instances, I would like to take this chance to explain to you why I have been silent (up until now) on several points.

The old adage goes, “listen to your elders, as they know best.”

Well, I was the kind of person that needed to learn things the hard way.

You see, my father never intended for me to know some of the people that I was close with. I felt that if I could associate with some of the people in my father’s world, or, with people close to his world, that I would be closer to my father in spirit. In my youth I did not understand that my father lived in a different age. He lacked a proper upbringing, coming from a broken home. At age seven, during the Great Depression, his father died. Later in life he made bad decisions when he involved himself in questionable social circles.

Then I came along 50 years later and did the same thing (minus dealing with the Great Depression, of course). I thank God my foolish behavior did not cause any serious damage.

I would like to address part of the title of this article. It pleases me very much to have finally taken the next step with filing a civil RICO complaint against the parties named. This action, which was a long time in coming, might finally bring all the turmoil in my life to a boil and give me a way to confront the bad guys. Hopefully this suit will hold them accountable for some of the evil they have done in their lifetimes.

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  • http://www.calisbetter.com Shirley

    I think you are done correctly, because no one the right to endanger your life or the lives of your family.

  • http://www.whosarat.com/latest_news9.php St. Jude

    The only common link in your accusations is your warped mind. I don’t know you or anything about “The Outfit”, but I’ve read your posted documents & your near libelous statements. That being said; It looks like you are a person trying to get a book deal because as a college drop-out you have no employable skills. You award yourself through your own companies, every one of them went under. I hope these men you are accusing have good attorneys & disprove your obvious pathetic attempts to give yourself publicity. Now you say that some old man is controlling a new govenor of Illinois by sending a State Rep to cook for him?! You must be the character from “Conspiracy Theory” that Mel Gibson portrayed…since your catholic you’re anti-semetic anyway…hmm? I may be onto something. Maybe I’ll get a Rabbi to falsely accuse you & try to sue you. If there is a “mafia” I hope they do kill you, because you’re using oxygen needed for better creatures…like Tapeworms!!!

  • Joseph Fosco

    Dear ‘Jude’,
    Speaking of a poor college education, here is a junior high school lesson. Please be advised that tapeworms do not have lungs, nor is oxygen their main source of energy. They are primarily anaerobic creatures.
    Sincerely,
    Joseph Fosco

  • the equalizer

    Joe, you poor excuse for a human being and scholar, as well as humor….u missed the point about the tapeworm and the joke due to your lack of quit wit. There are conspiracy theories and there are “conspiracy theories”. Then there are sad human beings that have simply nothing left to do with free time, nor the gumption to take accountability for their own as well as their families actions. While I agree that book deals, publicity, or your narcissitic standpoint on such affairs is always the “sell out”, for pathetic human beings in your case who base on things on everything but the facts, and your gum flapping accusastions make you everything less than an authority on tapeworm, ringworm, heartworm, and bait worm. Was your degree in biology or was it a drop out degree in taking up, “time and space”? The tapeworm was an analogy in case you need a thesaurus or otherwise….you could not possibly be that stupid….on all counts????
    I wake up everyday and ask myself, what is the purpose, what is the outcome, and what are my expecations of my actions. What do you ask yourself after you stare at yourself when you shave that mug every morning?

  • Ron

    Hey Joe,
    Great response to Jude. Although, he lost me as soon as he stated, “ I don’t know you or anything about “The Outfit.” I thought to myself, why would anyone make a comment about something after claiming total ignorance on the matter. Anyway, I read your articles and checked out the Rico lawsuit thru justia.com. I believe your sincere and I applaud you for having the courage to confront your attackers, despite their rather intimidating presence. Good luck!

  • http://www.JoeFoscoVsJudgeCerone-Marisie.com Joseph Fosco

    Dear Equalizer,
    Calm yourself, your blood pressure is going to make you ill. If you cannot stand my website, please go visit a different one.
    If you are going to comment again, you must leave your correct identity, as I have (and that goes for any other cranks). In the meantime, I will pray for you. I will ask God to help you by providing you with happiness in your life.
    Sincerely,
    Joseph Fosco

  • Jim

    Dear Joe,
    The Equalizer seems like a self proclaimed Superhero – Equalizer Man.
    I agree with Ron from the Vatican. Your courage is admirable. In fact, you deserve a book deal, not that you ever indicated that you want one. You have initiated an unprecedented legal fight that most people would be too frightened to even consider. I do not understand where Equalizer Man justifies his statement, “Then there are sad human beings that have simply nothing left to do with free time, nor the gumption to take accountability for their own as well as their families actions.” You apparently have a job at KTF Media, and seem to be doing quite well. As I see it, Equalizer Man should ask himself if he is referring to himself.
    Keep up the good work. If more people conducted themselves as you have, the Mafia would have been over for many years.

  • joeybagofdoughnuts

    how exactly are your going to prove your claims and accusations?

    33.84 Discovery

    The specific elements required to prove a RICO violation may pose special
    problems in discovery. The “pattern” requirement may involve discovery into
    a RICO defendant’s conduct and practices over an extended period of time and
    with respect to numerous transactions.

    The existence of related criminal proceedings may raise issues such as the
    defendant’s Fifth Amendment privilege against self-incrimination and the
    discoverability of grand jury material. Civil RICO claims may also require
    discovery involving foreign countries. These issues must be addressed early
    in the litigation, before depositions begin, in order to avoid unnecessary
    conflict and discovery motions.

    To establish a pattern of racketeering activity, a civil RICO plaintiff must
    allege separate predicate acts that are both related and pose a threat of
    continuity. fn1327 While discovery into unrelated alleged criminal acts
    should therefore ordinarily not be permitted, fn1328 courts must be careful
    not to curtail unduly a plaintiff’s discovery into alleged wrongdoing,
    especially where it relates to other alleged victims of the same pattern of
    racketeering activity or to acts within the exclusive knowledge of the
    defendant. fn1329

  • Joseph Fosco

    Dear Joey Bag,
    “How exactly are you going to prove your claims and accusations?” Mr. Bag, that is a good question. Gosh, I never thought of that one.
    Sorry, you will have to wait and follow the case to see how it actually develops. I cannot provide sensitive information unless its done through the federal court.
    Thank you.

  • The Bada Bing Club of Brooklyn

    Hey Joey, instead of pulling your bada bing, why don’t you pay up and quit beating all those restaurants and nightclubs? You cabaret like a bigshot, why don’t you pay all your tabs you skip out on?

    p.s. Be a man!

    -The Bada Bing club from Brooklyn-

  • Joseph Fosco

    Dear Mr. Bing,
    The lack of a public record, relevant to your unfound allegations (which are clearly nothing more than an amateur level smear job), further discredits your frivolous and misguided claims. If you, Mr. Bing, represent an alleged debt against me (no doubt an invalid one), please exercise your right to litigate the matter. In fact, email me personally (jfosco@ktfmediagroup.com), and I will give you the name and number of one of my attorneys.
    I think that you are a crank and I know that I will not receive any valid information from you.
    Please be advised, I have been victimized via some of the ‘Outfit-connected’ restaurants in the Chicago region, whereby, over the years I have often received highly-inflated tabs (blatant robbery), which lack the credible legal merit required for litigation purposes (these matters may come out in the course of my Rico case). Therefore, I have not and will not face any such litigation in a court of law, as the Outfit chooses to settle ‘collection/extortion’ business on their own (unfortunately).
    Furthermore, I am not ashamed to admit that I have had a fair share of financial debacles over the last number of years, directly resulting from the extortion that I have suffered by the Chicago Outfit. Therefore, I will patiently wait and fervently pray for a just outcome in the civil RICO complaint that I have filed last month.
    I can’t help but wonder if this is yet another extortion attempt?

  • Jan

    Dear Mr. Fosco,
    I have worked in 4 different restaurants over the years. You were by far one of the most generous customers that I have ever met. You had frequented 3 of the places that I worked in. I do remember some of the other waiters, waitresses and bartenders that usually over charged you, usually during cocktail orders. I never told you about this because I was afraid that I would get fired. I am sorry.
    Good luck to you Mr. Fosco. I pray that you win your case. You were always so kind. My friend, who is a Roman Catholic Priest, told me that you, personally, donated approximately $50,000.00 dollars to the Archdiocese of Chicago last year. God bless you.

  • J.T. Vitale

    Hey Joe, I grew up in a mob town myself and at times in my life have been fairly close to these type of guys. My Dad was a fairly well known mobster, God rest his soul.. Besides that though, I dont understand what your trying to do exactly with this “civil” complaint and exactly what you hope to accomplish? Lets be real here for a second, You are putting yourself and possibly your family in jeopardy for what? A few bucks you will never see..? Jackie is dead along time now and the rest are either dead or in prison. You, as a philanthropist should know you cant draw blood from a stone so I ask again, what are you thinking?

    I hate to say it because I dont want to sound as immature as some of the people who share my views and posted here, but it does sound like your doing it for the publicity only. The people your suing will never pay you a dime and you have to know that. And it also seems obvious to me(because ive been there myself) that you stepped into their lives to fulfill some missing excitement in your life, you sought them out to be closer to your Dad or whatever, they didnt seek you out. Good luck though..your going to need it.

    I hope no harm comes to your family. You should be happy with them and all your businesses. Forget the Mob..Remember Bioff? Touhy? These guys dont/wont forget..

  • inspector

    Dear Mr. Fosco, your articles seem pretty interesting to say the least. How is it that such a high profile case is not mentioned any where in the main stream media local or national? That family secrets and similar mob cases are all over the news but your case seems to be forgotten? Or maybe it never was?

  • Joseph Fosco

    Dear Inspector,
    I cannot speak for the mainstream media. However, I do not believe that the lid will stay on this story forever. Thank you for your concern.
    Sincerely,
    Joseph Fosco

  • Joseph Fosco

    Dear J. T.,
    I am trying to accomplish having my money retuned to me. All of the named defendants in my RICO case are alive, financially stable and not in prison.
    Your assumption that I will not be paid what is owed to me is interesting. I, of course, will rely on the court of law to do the right thing in my case.
    The sort of publicity that could come with this type of case is not the publicity that I would seek if I were a publicity seeker. However, I will continue to cope with whatever comes my way as I soldier on in my journey to healing.
    Thank you for your concern.
    Sincerely,
    Joseph Fosco

  • Mrs. Poli
  • Jay

    what area are you in, in Chicago..? how did you get connected with the mob?? also i seriously think you should be careful these guys are capable of anything….

  • Scarface

    Quite a noble cause Mr.Fosco. However, I’d recommend that you jet outta da city as soon as possible. Nobody screws with the mob and gets away with it! Nobody!

  • Joseph Fosco

    Dear “Scarface,”
    Thank you for your concern. I have excellent security consultants for this kind of a situation. I will be staying in the Chicago area.
    Sincerely,
    Joseph Fosco

    Dear Jay,
    I would rather not be too specific in indicating where I live (for obvious reasons). However, I will confirm that I am in the Chicago area. Unfortunately, my connection to the ‘Mob’ was created from my parents decision to raise a me in an area (Oak Park – Elmwood Park, Illinois) heavily populated with ‘Mobsters’.
    Thank you for your concern.
    Sincerely,
    Joseph Fosco

  • Joe Brando

    I worked for Pete and “Greedy Petie” is well-named. What a cocksucker he is.

  • rosie m

    Mr. Fosco you stated your reason for your past connections to mobsters stemed from your upbringing in the neighborhood you grew up in. Your general logic is surely absurd. To say because you lived in an area you had no other options is crazy logic!

    Sounds like a goodfellas story line but without any merit or facts. The fact is you made the associations and forced your friendship upon these people, they never sought you out. Some may call a person like this a (want-a-be)

    as quoted
    “my connection to the ‘Mob’ was created from my parents decision to raise a me in an area (Oak Park – Elmwood Park, Illinois)” heavily populated with ‘Mobsters’.

  • Joseph Fosco

    Dear Rosie,
    Thank you for your interest in KTF Media Group. In addition, thank you for providing the opportunity for me to expand on the subject that you felt compelled to comment on. Rosie, you are somewhat correct. The fact that my parents decided to raise me in an area where mobsters lived is not the only reason that I became familiar with that element (forgive me for not including this in my article, I was trying to limit some details). The other part of it pertained to the respect that these gangsters received (in the disturbing town of Elmwood Park, and surrounding suburbs). As a younger person, it seemed to me that if you wanted to be respected in the community, you had to appear as an elbow rubber with the gangsters. I was confused but now I am not. At a young age, I allowed myself to gravitate to these individuals of notoriety, however, for the respect factor. If you want to call me a ‘want-to-be’, yes, the younger version of Joseph Fosco was that. For the last 7 years, I have not conducted myself in the pathetic ‘want-to-be’ fashion as I once did as a much younger person. In fact, today, I see these gangsters for the evil cowards they are. I am grateful that during my years of wanting-to-be, I never did anything to get in trouble. Part of my goal is to help other confused young people that look up to a group of criminals because of the respect that just about an entire community gives to these kind of people.
    For the last several years, I have looked up to people like Cardinal George and Bishop Lyne. I admire John McCain, the late Michael Jackson, and many other respectable and noble people. My days of looking up to evildoers and cowards is long over. Its nice not being confused any more.

  • I am on to you Chumpman!

    Sam Chapman of Empower Public Relations, in my opinion, is not half of the sales person that his wife, Dr. Laura Berman is (Berman sells sex toys – Chapman sells reputations).
    I just read Chapman’s comments left under the article titled ‘Is Empower Public Relations A Naïve Firm Or Plain Old Deceitful?’ published by KTF Media Group. According to Chapman’s blog comments, he has done a great job of showing us how low he can go. I think the article is dead on!
    P.S.
    I love the person that called Chapman ‘Sum Chumpman’

  • Elmwood Park Guy

    Dear Joe,
    I was just curious as to why the ‘outfit guys’ (rudy, john, pete, the lawyer, the M.D.) put a hit out on you in the first place? In other words, why did you get the original death threat and subsequent death threaths?

  • Joseph Fosco

    Dear E.P.,

    Cerone relied on Fratto and his bosses to issue the hit on me because I was growing tired of paying extortion money. And Cerone and Fratto feared that I would start working with the government. To this day, I have not worked with the government, however, I am considering the idea very seriously. I can deliver them information – although I am delivering information to the world thru this publication.

    • The Don

      Joe, I just got done reading your Rico complaint against DiFronzo, Cerone Jr. and that crazy Doctor. I have a couple of big questions. Why would DiFronzo try and extort money from you that your father was holding for Outfit guys 14 YEARS AFTER YOUR FATHER HAD PASSED AWAY? How did DiFronzo all of a sudden discover your father was holding any money at all? Why did it take 14 years to discover? Did DiFronzo really believe you owed him the money or was it the IDEA OF CERONE JR. AND RUDY FRATTO who thought you were vulnerable to extortion and simply pretended that DiFronzo gave the okay? I’ve heard some stories about Fratto, who is definetly a made guy, go around using DiFronzo’s name to try and extort money. If DiFronzo was truly behind the extortion attempt, then I have only one thing to say that comes to mind ‘ Johnny, you haven’t made enough millions already that you have to go and try to extort money from the son of made guys who have been dead for at least 14 years and were with Teets Battaglia?’ What the F*** IS WRONG WITH YOU! If DiFronzo was not the instigator of the extortion, and this happened in the old days, Cerone Jr., Fratto, and the crazy Doctor Giacchino would have been knocked down by Battaglia within the blink of an eye.

      • The Don

        The more I think about it, Cerone Jr. is a real chip off the old block. If Fratto can’t do a year in prison without crying like a little girl, he doesn’t belong in the Outfit. How did he ever get made? There must have been some behind the scenes politics. Marco should have been made over Fratto. AT LEAST he did his time like a man and was a good earner.

        • Joseph Fosco

          Dear The Don,
          Fratto’s mother Dottie was close to a number of individuals in Cerone’s crew. As difficult as this is going to be to believe, as much as it is going to look as if I am trying to shame Rudy, the truth is that his mother persuaded Joey A and Lee Magnafichi to sponsor Rudy. In addition, Rudy appeared to have some of the right qualities of being a gangster. And his background as an electrician gave him an aptitude for understanding how to wire detonators for the purposes of bombing various targets. His mother made is very clear to Joey A and Lee that her son Rudy always dreamed of being a gangster since the time he was a little boy and that he was more than ready to be accepted. Again, the guys also realized that Rudy seemed to have some of the right qualities.

          I agree, Marco should have been ‘made’ over Fratto.

          • The Don

            Amazing story about Fratto! From first hand experience, It’s always been the Italian male relatives who would start discussions about the Outfit and some of them took pride in the fact that a relative belong to a particular crew either as a soldier, or even better, a made guy. The female relatives, Mother & Aunts, would be the first ones to want to change the subject. When the women were alone, I would always hear at least one of them say how they wished there had never been “any involvment at all” or one of them would say “I wish (so & so) would have never met (so & so) and then they would have never been part of it”. For a Mother to actually support & promote her son to be ‘made’ is incredible!

          • Joseph Fosco

            Dear The Don,
            I agree.

      • Joseph Fosco

        Dear The Don,
        I never believed that I was being extorted for the reasons that I was told by the Outfit. I believe that the Outfit pulled the excuse that was used to extort me out of thin air. They invented a reason to want my money. It was extortion, plain and simple. Fratto and Cerone cooked up the idea to extort me, and Fratto pulled Peter into it, who leaned on his brother’s power. Giacchino was simply an excellent accomplice for them to cultivate along the way because of my close association with him at the time. And Giacchino was happy to work with them in obtaining the remaining portion of what was being extorted from me. Fratto and Cerone viewed me as being vulnerable. Greedy Petie was happy to help Rudy and crazy Giacchino was happy to help all the gangsters, which is consistent with his 20-something year history of catering to the Chicago Outfit by employing a number of their immediate family members.

        • The Don

          Cerone Jr. should be disbarred. Fratto & Pete DiFronzo have reached new lows. In the old days, extortion was limited to people operating on the fringes of the law like independant bookmakers, independant pornographers etc. This is a new low and embarrassment, even for Outfit guys, to come up with a scheme in 2001 which would have been 14 years after the death of your father, to extort money from you. BOY, HAS THE OUTFIT DEGENERATED!

          • Joseph Fosco

            Dear The Don,
            Indeed.

  • Uncle Junior Soprano

    There is NO PROOF, ABSOLUTELY NO REASON, NO EXCUSE to believe that Ghost of F@rt on a Horseys Shoner is in the Mafia PERIOD!!!

    • f@rt on a horsey b*ner

      Dear Harlem Playboy,

      Once again, thank you for participating in the threads. But, just so you know, Joe’s regular readers are currently focusing on the article titled “The Planning Of An Outfit Hit Caught On Tape.” So you know, it contains a video feed of the incident.

      Frankly, I think it is in extremely bad taste for you to be horsing around (lol) in unrelated threads while there is a serious looming threat hanging over Joe’s head.

      How dare you, sir! Why don’t you grow up already? Gee wiz.

      Again, we need to focus on Joe’s situation and provide support for him during these trouble times.

      Seriously yours,

      Mr. f@rt on a horsey b*ner

      • The Don

        Joe, do you think Johnny is possibly a double agent? Let’s examine some of the facts of the currect status of the Outfit. 1). DiFronzo has essentially divided the Outfit into two entities. This is something that never happened in the past. Sure, there has always been some underlying tension, but nothing even close to this obvious division. On one side you have DiFronzo and some hand picked men who don’t want to be associated with anybody in the Outfit. On the other side you have the regular Outfit guys who want to continue their bookmaking, poker machine & loan sharking operations like usual. ISN’T IT STRANGE, that the Top Boss wants to have nothing to do with the majority of the Oufit? Doesn’t sound like a Boss to me at all. 2) The Family Secrets Trial convicted Jimmy Marcello in the Spilotro brothers murders based mainly upon the testimony of Nick Calibrese who said Marcello was there, Marcello had been paying his family $4,000 A Month for his silence, and also the daughter of one of the Spilotro brothers said she ‘recognized his voice’ from a telephone call he made to their house. (recognizing a voice over a phone is weak evidence in a criminal case). Nick Calabrese, who turned out to be a very reliable & believable witness, also said that DiFronzo was there (which would make sense with the ruse that someone was going to get ‘made’). The two Top Bosses in June of 1986 were Carlisi & DiFronzo. Only these two men, the Top Boss & The #2 Boss can make anybody. 3) Why wouldn’t the government indict DiFronzo and at least try and convict him? If they lost, so what? The government had nothing to lose by trying. All they had to do was add him to the list. Either DiFronzo is one of the strongest Mafia Bosses of all time or he’s the biggest enemy The Outfit has ever been up against. There is no middle ground. It’s one extreme or the other. From my past experience, Outfit guys pretty much think black or white in most situations. I wonder what Jimmy Marcello thinks? Interested in your thoughts, Joe.

        • The Don

          Joe, I’d also like to add this thought. Since DiFronzo is probably worth over 20 million and was framed in the past during the 1990′s on that San Diego Casino thing, maybe he made a deal to not be the Boss and if he gives the feds information about the other Capos in the other crews that he doesn’t care about any way, maybe they’ll let him keep his money and leave him alone?

          • Joseph Fosco

            Dear The Don,
            I have considered this as well, and I believe that it is plausible.

        • Joseph Fosco

          Dear The Don,
          I truly believe that DiFronzo is either an informant or powerful enough that he was able to push the U.S. Attorneys Office away from him. However, it would make more sense that he is an informant. I cannot speak for Jimmy Marcello’s thoughts on the matter; however, my sources have told me that Lombardo has considered the idea that DiFronzo is an informant.

          Check out a piece that I wrote on the topic we are discussing: http://americannewspost.com/?p=484

  • Black Angelo

    There is no evidence John DiFronzo is a Informant. If anything he may have invested some of his money in corrupting “super” high ups in the Gov’t to prevent this. Marcello only invested in Nick Calabrese and it was smart but at the end was not enough to buy silence.

    Johnny D also may have something on a high up Gov’t official that would be embarrasing to him or her and their family (kind of what J Edgar Hoover used to do to blackmail US Presidents or world leaders like Martin Luther King jr. in order to stay in power for 6 decades)

    Because Johnny DiFronzo does not seem worried in the least about being indicted.. So he has something or knows something we dont know.

    And the reason I believe Marcello got indicted and Johnny D didnt was because they could pin 3 murders on Marcello (Nick D’Andrea and Spilotro Brothers) only the Spilotros on Johnny. Johnny D could have a good alibi for that day and it could of blown up in the Gov’t face.

    They did indict Joey L on 1 murder but they had somewhat physical evidence on him. Although I believe he ordered the murder.. but did not participate (but you still can get life for ordering a murder also).

    The only case i’m surprised Johnny D escaped indictment on was the one involving Marco in 1994. They could of at leat got him on a RICO gambling charge. Bob Cooley had him on wire acting like the boss of a enterpise and the Gov’t could of at least made a case on him. What do you think JF ? Also JF is Joey Andriacchi ill or on his death bed ? What are you hearing via sources.

    • Joseph Fosco

      Dear Black,
      You have some sensational perspectives on Johnny. Strangely enough, if any gangster alive today could possibly have a connection to someone high up in the government, I would agree that it would be Johnny. Although, Blago and George Ryan and Scooter had big government connections, but it did not help. I do not believe that a thug such as DiFronzo could cause embarrassment to the government. Under RICO, Johnny should be in prison on the mere fact that he is a boss of a corrupt organization that murders people under his leadership.
      From what I understand, Joey A is battling cancer, who knows perhaps he is in remission. I doubt that he would hold a press conference to alert the world that he is okay now. I have known that he is sick for well over a year, which means he is either in remission or about to die.

      • The Don

        Black Angelo, The government had NOTHING TO LOSE by indicting John DiFronzo. If they lost it woul not have mattered. They would simply try again later. Look how many times the feds went after John Gotti and lost before they finally got him on the word of Gravano. No, something may be rotten in Denmark as the old saying goes.

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