Wednesday, 22nd May 2013

What A Difference A Day Makes! Feds Vindicate Mobsters Over A Deadline

Posted on 24. Dec, 2009 by in Organized Crime

For those of you that are interested in my civil RICO lawsuit against the Chicago Outfit and its members and associates, be advised that I lost the case, for a second time. The case was dismissed for reasons stated in open court. I was not present.

A number of weeks before the dismissal, a thug that I believe to be associated with the DiFronzo brothers threatened me. For the first time I am going public with the following information through KTF Media Group. Several weeks ago, I was followed from the federal courts building in Chicago by a thug that demanded that I cease and desist with my RICO complaint against the defendants.

Because of this I did something I’m not too proud of. The continual mounting pressure, coupled with the new and blatant threats against my well-being frazzled me enough that I botched a filing date by one day. I did not plead correctly, and because of this my case suffered a tremendous setback.

However, I did inform the court of the unlawful communication that I received. Nonetheless, the court granted the defense motion to dismiss. The defense motion asked for a dismissal on grounds that I waited too long to file the complaint. The defendants did not focus on their innocence (which is a laughable idea), but on missed deadlines instead.

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  • DeDe

    Joe, I am sorry you lost the case. You should have won. I feel for you and your family, especially the family members that are senior citizens.
    I admire your strength to speak of your defeat so eloquently and in such an uplifting way. You are living proof that God is on your side.
    Merry Christmas and you will have a Happy New Year!

  • Joseph Fosco

    Dear D,
    Thank you for your kind words to me. I feel badly for the members of my family that are senior citizens too. Not only are they witnesses, they are co-victims in the extortion plot against me. From your lips to God’s ears, I pray God is on my side!
    Merry Christmas and Happy New Year to you as well.

  • Book Work

    Sorry to hear about this, Mr. Fosco.

    The safety and well-being of you and your family is in our prayers. Merry Christmas.

    PS: Recent articles have made for good reading–even the recent contributions from Mr. Sharp. Here’s to a good year for KTF Media Group.

  • Joseph Fosco

    Dear Book Work,
    Thank you for your kind words.
    Merry Cristmas

  • Chad

    Sorry to hear this Joe. When I think of lawyers I don’t think of Mr. Smith goes to Washington types – in fact to me it seems they have their own racket or mob.

    And the fact that you are having trouble finding a affordable attorney for what seems to me a strong case speaks volumes of the legal environment of Chicago.

    I had a friend a few years back who got his jaw broken outside a club by a bouncer. He had witnesses stating when asked to leave he left premises of club then once outside was suddenly clocked by this ape -fairly certain a bouncer cannot lawfully lay a hand on individual (unprovoked) outside of the establishment.

    Making it a good case of assualt/medical liability however due to the town it was in and owner of club (I think it was Cerone) no assault charges were filed and no lawyer would take the case – leaving my friend out money for medical bills.

    I’m wondering do you think your friendship with Cerone were the grass shoots for the extortion and other aggravations you encountered or given your Father’s money was it an inevitablility?

    Stay frosty and Happy New Year!

  • Joseph Fosco

    Dear Chad,
    What was the name of the establishment in which your friend was victimized? Excessive force is a serious infraction that carries a number of legal penalties. Be advised the statute of limitations has probably expired, however I am curious about the name of the establishment. Do you know the identity of the bouncer? Are you comfortable telling me the name of your friend (you may email me for privacy at jfosco@ktfmediagroup.com)? Did the Chicago Police drop the investigation? If so, why?
    To answer your question about the extortion, Cerone was the primary culprit that initiated the conspiracy to extort me, which resulted in my family and me being deprived of a great deal of money. What do you mean when you say ‘inevitability’?
    Happy New Year to you too!

  • Chad

    It was somewhere in the mid 90′s to early 2000′s – I think Tinley Park but could have been Downers Grove (old Oliver’s?) or unincorporated Elmhurst (Galways?)- maybe not Cerone ownership as you are asking about Chicago but was told through second hand information (I have never personally spoke of this subject with my friend -have seen him twice in ten years- just knew of this event) that it was mob or outfit part owned.

    Next time I speak with him I’ll get the 5 W’s and get back to you. Won’t mention name as surely the statute of limitations is up.

    I mentioned inevitability because it seems to me the outfit views even old outfit money – as they alleged your family had – as their bank or annuity to be tapped at their liesure. Meaning you were an inevitable target for extortion.

  • Joseph Fosco

    Dear Chad,
    I do not believe Cerone was the owner of either establishment that you have mentioned, whether some other Outfit associate owned them is another matter.
    Inevitability: let me put it like this, if I was smart enough to refrain from establishing friendships with them, I would not have lost my money. They extort people close to them. They do not take risks on people that are distant from them. Inadvertently, I made myself a target. I have to live with that now. I pray that God gives me the strength to resolve the financial issues that I inadvertently created for my family by foolishly setting myself up as a target for these creeps. My stupidity created a living hell for my family. I have to live with that – worse yet, so does my family.

  • Joseph Fosco

    Readers: the message below came in via KTF’s submission page. I see no reason not to add it to the thread.

    Message body:

    Fratto v. Butterfield Country Club

    Wondering if an upcoming article will be titled “Rudy Fratto – jailed can no longer play golf at town of Berwyn council Tony Bertuca’s private country club”

    This mail is sent via contact form on KTF Media Group http://www.ktfmediagroup.com/home

    Dear Anonymous,
    Unfortunately, even the most prestigious country clubs do not control a member as to whom he or she can have as a guest. If the guest is not violating club rules, there is no issue. Does anyone know if Butterfield has rules against allowing convicted criminals on their grounds – I think not?
    Fortunately, between now and Fratto’s turn in date, I do not predict any weather appropriate for golfing – thank God. However, Fratto could take advantage of the dining room and bar – if invited by a member.
    Thanks,
    Joe Fosco

  • Joseph Fosco

    Dear Readers, the message below came in via email; however, I see no reason to hide my response.

    Message body:
    Have been following your site and noticed a post about a Bertuca and am wondering if Gov Quinns assistant Lou Bertuca is a relation to this Tony Bertuca. If so odd how “connected” government in this state is.

    This mail is sent via contact form on KTF Media Group http://www.ktfmediagroup.com/home

    Dear Anonymous:

    I have been aware of Lou’s closeness with Quinn for a long time; in addition, I am aware of Lou’s current political job. Personally, I think Lou is a nice kid. Unbelievably, it is not that connection that has me worried. Lou’s dad, Chicago Police Officer Anthony Bertuca, is exceptionally close to the infamous Duff family – I find this somewhat concerning.

    You may read the following article to learn about the Duff Family:

    http://www.ktfmediagroup.com/home/2009/12/07/rampant-in-chicago-organized-crime-tightens-grip-on-51st-ward/

    I was having dinner with Officer Tony Bertuca the night that Pat Duff and I saw each other at a Grand Avenue restaurant (referenced in the article that I have linked above)

  • Joseph Fosco

    Dear Anonymous,
    I realize that I failed to answer your question about the relations of the Bertuca’s – I am sorry. Yes, Berwyn’s Bertuca and Lou Bertuca are definitely related – I know this. I believe that Berwyn’s Bertuca and Lou’s father (Chicago Cop) are cousins.

  • Joseph Fosco

    In fact, Chicago Police Officer Tony Bertuca (Lou’s dad) used to play football for the Miami Dolphins and perhaps another NFL team.

  • Joseph Fosco

    Dear Readers:
    Below is another message from ‘anonymous’ that I am adding to the thread.

    Message body:
    I am not a journalist so figured I would send these messages to you and let you decide if it was relevant.

    I know T Bertuca and R Fratto are close and believe their wives are too. I cannot prove this – you probably could -I just know this. Question would be how close Tony is to Lou?

    So sort of like Giancana and Kennedy sharing Judith Exoner – on Feb 3 2009 Lou Bertuca was in contact with the President of the United States – surely Lou carries a cell phone and surely if Rudy Fratto or Tony wished to communicate with the President of the United States – a product of the Chicago Democratic machine -it would have been possible.

    And on a daily basis these same people can communicate with the Governor of our state as Lou Bertuca is nearly always with the Gov and even carries the Gov’s old worn out leather briefcase called “Betsey”.

    I guess it is a stretch but thats how I see it. Let me know what you think.


    This mail is sent via contact form on KTF Media Group http://www.ktfmediagroup.com/home

    Dear Anonymous,
    I agree with your logic, it makes sense. However, you should know that Berwyn’s Tony Bertuca and Chicago’s Finest, Tony Bertuca, are not very close, despite their gynecological relation. In addition, Berwyn’s Bertuca would not make contact with his cousin’s son (Lou) directly; he would go thru Lou’s father, Tony the cop. In all honesty, I believe that Tony the cop Bertuca would protect his son like any good father and prevent his son from unethical exposure (assuming that Berwyn’s Bertuca would try something). However, I do believe that Tony the cop Bertuca (Lou’s dad) would lower his guard and rely on his son’s connection with Quinn for favors for his friends, the Duff Family. The Duff Family has an immediate family member in federal prison – Jimmy Duff. Let us keep an eye on things and see if something mysterious happens for the imprisoned Jimmy Duff. The President of the United States (Quinn’s friend) is the top-boss of every federal agency, especially the federal prisons.

  • Joseph Fosco

    In other words, Fratto would have to go thru the Duff’s to get to the right Bertuca to reach Quinn. This is not impossible, but it is highly unlikely.

  • Joseph Fosco

    Furthermore, with politicians like Illinois State Senator Jimmy DeLeo and/or Illinois State Representative Angelo “Skip” Fosco Saviano, Fratto does not need the Duff Family or the Bertuca’s.

  • Joseph Fosco

    Dear Anonymous,
    We are both missing the big picture. Aside form mapping out various (potential) sources of communication between thugs and our President. We must ask ourselves, would the President do a favor for Rudy Fratto, regardless if Bertuca or Jimmy DeLeo delivered the message? I believe the answer is no. Obama is not going to do anything wrong. He is too smart to be tangled up in a situation with thugs from back home now that he is the President. Harvard does not produce idiots. Idiots do not win presidential elections.

  • Joseph Fosco

    Clarification: my reference to ‘thugs from back home’ was not meant toward Lou Bertuca.

  • Anonymous

    Good point – how much power (if any) does the Gov actually have? It seems the Legislative body does as its told by the power brokers of IL making the Gov look like he is in charge of a kangeroo court. I thought this was why Edgar retired.

  • http://artrl.com/archives/3250 Simon Flitton

    Thank you. Very helpful article.

  • Andre the Giant

    Dear Joseph,
    Do you have any updates on your legal matter? I found this article quite interesting. I must point out though, that I found it a little strange that someone would risk following you just so they could tell you to cease and desist with a case that were going to win anyway. It just seems like a senseless crime. Did you go straight to the police? Was the “thug” an intimidating presence?
    Do you feel that even though you lost the case, it was still a victory because you succeded in stopping the outfit from hurting you physically?

  • Joseph Fosco

    Dear Andre,

    Updates? Yes, I do.

    An individual that was approached in my presence by an Outfit member was threatened along with me for money. I will call this other individual ‘individual X’. Although the incident is useless for me because the judge has ruled that whatever victimization has been inflicted upon me it is not of the courts concern since I filed my lawsuit late. New incidents of victimization against me are not of the courts concern either, because I filed my lawsuit late. I realize this might seem impossible to believe; therefore, I implore you to access the case on the PACER. The case number is 09 cv 01882. In fact, I will post a copy of the transcripts of the December 17, 2009 hearing on this thread very soon. Unfortunately, I was afraid to attend the hearing. Therefore, it was held with out me. In those transcripts, you will be able to read for yourself how I have been further victimized.

    However, individual X experienced their victimization by the Outfit with-in the last 4-years. And this individual suffered a loss, which will be explained in their civil RICO complaint against the same defendants that I sued. I presume that individual X will file their suit sometime this summer.

    Was it a senseless crime to intimidate me? In my opinion, no, it worked. I did not appear at the dismissal hearing. In addition, the court could have (and should have) ruled in my favor. There is a Supreme Court ruling that I mentioned that indicates that coercion and duress can toll the statute of limitations in a case like mine, when the threat rises to the level of life or death.

    However, the court issued its ruling and the case is over. I elected to refrain from appealing because of the intimidation that I sustained recently. I did not go straight to the police at the times of the intimidation, although the experience was extremely intimidating. In one of the situations, going to the police would have caused me to present myself to Melrose Park Police Chief Sam Pitassi’s station, which seemed useless. Instead, I informed Judge Harry Leinenweber. You will have to ask His Honor what he has done about it.

    In my opinion, I think that Judge Leinenweber incorrectly surmised that I was a thug like the defendants; therefore, he refused to take part in such a squabble. However, there will be no such mistake with individual X.

    I hope you are correct, I hope the Outfit will not hurt my family and me.

  • Ryan “the builder” Anonymous

    Dear Joe,
    In one of your previous blogs, you state that the U.S. Attorney’s Office has clearly abetted a killer when they chose not to indict the boss shortly after the jury found N. Calabrese’s testimony to be credible. So, my question to you is why do you think that the boss is getting a pass? Could it be that there are certain “powerful” people in this country that don’t want the mob to officially end, possibly because the mere existance of it employs so many people.

  • Joseph Fosco

    Dear Ryan,

    If I had the answer, I would have published it. However, I suspect a few reasons.

    DiFronzo could be more powerful than imaginable, warranting protection from the ‘powers that be’ (which I think is unlikely).

    On the other hand, DiFronzo could be a confidential informant / double agent (which is likely).

    Lastly, I could be wrong in my estimation that DiFronzo caught a pass. Perhaps the government is savoring DiFronzo for something bigger in the near future. However, it seems stupid to think the government would throw away an opportunity to take a killer of the streets sooner rather than later. Difronzo could die of old age before he is finally indicted. Therefore, I believe the most intelligent conclusion is that DiFronzo is an informant.

    DiFronzo being an informant might explain why my civil case against him was swiftly dismissed, twice. I admit the defense raised good arguments on limitations of time. However, the court simply ignored my argument that duress should extend the time. How could the court honestly not see a valid case of duress in a case like mine? It is not as if I accused the Pope of conspiring to murder and extort protection money from me.

  • Joseph Fosco

    Dear Ryan,

    RE:
    Lastly, I could be wrong in my estimation that DiFronzo caught a pass. Perhaps the government is savoring DiFronzo for something bigger in the near future. However, it seems stupid to think the government would throw away an opportunity to take a killer of the streets sooner rather than later. Difronzo could die of old age before he is finally indicted. Therefore, I believe the most intelligent conclusion is that DiFronzo is an informant.

    – DiFronzo could kill more people before he is indicted.

  • marshland

    There was a little hiccup in the news a few years back that Marcello and Lombardo were freaking out while being held in the MCC because there was rumor of DiFronzo cooperating with the FEDs on some level.

  • Ronnie

    If the feds had included Difronzo in the recent trials what would the implications have been for the mob in terms of leadership or regimes change.

  • Faux

    Let me save everyone a whole lot of time and trouble. Fosco has managed to discredit his source, and also decimated his own credibilty with regard to providing real information on the Outfit. You’re all probably better off reading

    Organized Crime & Political Corruption by John Flood & Jim McGough

    and

    the Deparment of Justice for the Northern District of the State of Illinois’ webpage for Operation Family Secrets

    and Kass’ and Wambir’s trial blogs

  • Joseph Fosco

    Faux,
    Your assertions are baseless. However, thank you for your opinion.

  • Joseph Fosco

    Flood and McGough run a scrapbook of media clips and judicial transcripts, which have a significant purpose. I support their cause.

  • Faux

    Joe, your source is closer to being “Vin” than Michael Magnafichi whom you wouldn’t confirm nor deny as being your source.

    And, let me tell you something, if he is not your source, you’re not doing him any favors by not denying that he is your source. If any connected people read this, you could put your “friend” in a tough and dangerous spot.

    You say that your source was at the Bensenville house which was the scene of the Spilotro murders, just prior to the murders actually taking place. I say- yeah right.

    Come on. Out with it. Is your source a bonafide Outfit guy or not? If not, than your information is about as credible as Vin’s idiotic ramblings about Sam Carlisi and his good luck rabbit foot. The Oufit hasn’t survived for as long as it has with it members chatting it up with the likes of you.

  • Joseph Fosco

    Of course, my source is an Outfit guy. And, my source is aware of what I print here. I would never create a dangerous situation for someone by keeping him or her in the dark about something like this.

  • peperoncini

    Does Michael Magnafichi know how to operated a computer,
    and if so, does he read your articles?

  • Joseph Fosco

    My guess is that Michael does not know how to operate a computer. I believe he knows how to read. In fact, I read him a great deal of my articles over the phone. I know his son does as well. And he has a few other friends that inform him of my articles and comments.

  • peperoncini

    I wonder if he thinks any of the reader comments have merit, or if any of them rub him the wrong way. Joe, do you know if he is aware of “Vin”s weird narratives? What do you think his reaction would be?

  • Joseph Fosco

    Michael laughed hard at Tiddy’s stories (via Vin). And so did I.

  • bonventalana

    Can mags shed any light on whether or not there’s any communications between the outfit, philly, and the ny mob families? i notice that you’ve been avoiding this question.

  • Joseph Fosco

    Dear Bonv,
    Please understand that I am not ‘Mags’ secretary. In addition, I have not confirmed that Mags is my source, although it would seem obvious that he is likely my source – again, I am not confirming it.
    My source cannot say one way or the other if NY and Philly have communications with each other. Obviously, they have in the past. Communications is sort of a vague question.

  • Joseph Fosco

    Please be advised at the time I authored the article above, I was unaware my civil RICO case was dismissed for the second time – four days earlier. I was intimidated therefore did not attend the December 17, 2009 dismissal hearing. I believe I found out about the dismissal thru an email from the court on or around December 23, 2009, which inspired me to write the following article:

    http://www.ktfmediagroup.com/home/2009/12/24/what-a-difference-a-day-makes-feds-vindicate-mobsters-over-a-deadline/

    Thank you.

  • Joseph Fosco

    Oops, my previous comment was intended for the thread related to the December 21, 2009 article titled ‘Killer/extortionist Rudy Fratto…’

    Sorry.

  • Joseph Fosco

    This afternoon, I witnessed Rudy Fratto’s four children, his supposed semi-crippled wife and him plead with the judge for leniency. I feel sorry for the family. According to them Rudy is a good dad. The defense was seeking home confinement. However, the judge was not moved by the family’s words (I was wrong about my earlier prediction). Therefore, Rudy Fratto, Jr, was sentenced to 1 year and 1 day to the United States Bureau of Prisons. Rudy’s turn in date is April 28, 2010. However, Rudy’s attorney, Art Nasser hinted that more time would be requested later. I plan to write an article on this matter this evening. It will include the threats that were made to me today by Fratto.