Oct 16 2008

Montreal’s reputed Mafia don to walk free Thursday

Published by at 1:42 pm under Canada

MONTREAL — Nicolo Rizzuto sat through his sentencing hearing with the patient look of a man who knew he’d be sleeping in his own bed for the first time in nearly two years.

The octogenarian mob boss leaned forward in his chair in the prisoner’s dock of the Montreal courthouse Thursday and stared at his hands as Quebec Court Judge Jean-Pierre Bonin essentially rubber-stamped a decision made months ago, according to several sources.

Despite being described as a leader of the criminal organization referenced by his family name, Rizzuto was left with only three years probation to serve for accepting large wads of cash, suspected of being tribute, at his headquarters, the Consenza Social Club, while he and other leaders in the Montreal Mafia were investigated for four years.

As part of a plea bargain, Rizzuto managed to sidestep the more serious charges filed against him in Project Colisee including drug trafficking and extortion.

Two other men sentenced Thursday – Francesco Del Balso, 38, and Francesco Arcadi, 55 – were each sentenced to the equivalent of a 15-year prison term.

With the time they have already spent behind bars factored in they have 11 years left to serve.

Judge Bonin ordered that they serve at least half of that before they are eligible for parole.

Rizzuto, 84, received the lightest sentencing recommendation of the six reputed leaders, in part because of his age and health problems, said prosecutor Yvan Poulin.

Defence lawyer Loris Cavaliere produced letters from doctors attesting to a respiratory problem Rizzuto has with his left lung and another ailment that required surgery last year, while Rizzuto was in custody.

“Sentences are imposed based on the evidence that is gathered, not on somebody’s reputation,” Mr. Poulin said while defending the sentence outside the courtroom.

“Here, in this case Mr. Rizzuto – I know he’s reputed as [being] the boss of the Mafia in Montreal – but the evidence that was gathered by the RCMP during the four years of the investigation didn’t show that.”

Mr. Poulin added that not being able to prove the origins of cash Rizzuto was caught handling 76 times on cameras hidden in the former social club was an obstacle in negotiating a tougher sentence.

Mr. Cavaliere said he expected his client would be able to leave the Montreal Detention Centre Thursday night.

The nearly two years Rizzuto spent behind bars awaiting the outcome of his case was factored into his sentence. Last month, he pleaded guilty to being in possession of the proceeds of crime and a related gangsterism charge.

He is the father of Vito Rizzuto, 62, a man referred to often as the “Godfather” of the Montreal Mafia. The younger Rizzuto is currently serving a 10-year sentence in the U.S. for his role in the 1981 murders of three New York mobsters.

During Project Colisee, the police gathered evidence that Nicolo Rizzuto and three of the other five men sentenced Thursday ran the organization as a committee in his son’s absence.

They had the “moral authority” over “an organization that is commonly referred to as the Mafia,” Mr. Poulin said.

Leonardo Rizzuto, 39, and his sister Bettina Rizzuto, both lawyers, were in attendance at the Montreal courthouse for their grandfather’s sentencing. They sat with their aunt, Maria Rizzuto, who watched as her husband, Paolo Renda, 69, was sentenced to the equivalent of a six-year sentence. Renda pleaded guilty to the same two charges as Rizzuto did last month in addition to three weapons offences for firearms seized from his home. He has only two years left to serve and will likely be eligible for parole early next year.

Rocco Sollecito, 60, an associate of the Rizzuto organization was sentenced to the equivalent of an eight-year prison term and has four years left to serve.

He pleaded guilty to taking part in a general conspiracy to commit extortion, bookmaking, illegal gaming as well as being in possession of the proceeds of crime.

Del Balso, Arcadi and Lorenzo Giordano, 45, received the stiffer sentence recommendations of 15 years because of their involvement in crimes like drug trafficking, cocaine smuggling and exporting marijuana.

As part of the plea bargain the Crown confiscated more than $2.8 million in cash seized when arrests and search warrants were carried out in November 2006.

Del Balso also consented to the confiscation of cash and assets worth more than $800,000.

Giordano’s sentencing was put off until Nov. 25 because he couldn’t come to an agreement on what the government can confiscate.

Montreal’s reputed Mafia don to walk free Thursday – Canwest News Service – Montreal Gazette – Published: Thursday, October 16, 2008 – This story was found at: http://www.nationalpost.com/news/canada/story.html?id=885216

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