United States v. Trupiano

636 F. Supp. 1071, 1986 U.S. Dist. LEXIS 27902
CourtDistrict Court, E.D. Missouri
DecidedMarch 20, 1986
DocketNo. 84-137CR(1)
StatusPublished
Cited by1 cases

This text of 636 F. Supp. 1071 (United States v. Trupiano) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Trupiano, 636 F. Supp. 1071, 1986 U.S. Dist. LEXIS 27902 (E.D. Mo. 1986).

Opinion

MEMORANDUM

NANGLE, Chief Judge.

This matter is before the Court for a decision on the merits. Defendants Thomas Williams, Eugene Pisani and Fred Garozzo, under the direction and assistance of their counsel, entered into a stipulation with the Government in which they agreed to allow the Court to determine both the [1072]*1072facts and the law in their cases based on the evidence presented by the Government in the jury trial of defendants Matthew Trupiano and Frank Parrino.1 Defendants Williams and Garozzo, pursuant to said stipulation, also agreed that the Court could consider their statements to agents of the Federal Bureau of Investigation. All three defendants further stipulated that no additional evidence would be presented by these parties for consideration by the Court.2

Defendants Williams, Pisani and Garozzo are charged, along with seven other individuals, with violating 18 U.S.C. § 1955.3 Although the defendants did not request special findings of fact pursuant to Rule 23(c) Fed.R.Crim.P., the Court concludes that more detailed findings are appropriate in this case. See Sullivan v. United States, 348 U.S. 170, 174, 75 S.Ct. 182, 185, 99 L.Ed. 210 (1954); United States v. Ramos, 613 F.Supp. 115, 119 (S.D.N.Y.1985). The Court having considered the pleadings, the testimony of the witnesses, the documents in evidence, and the stipulations of the parties, hereby makes the following findings of fact and conclusions of law.

A. FINDINGS OF FACT

1. The parties stipulated to the fact that special agents for the Federal Bureau of Investigation participated in the following electronic surveillance:

(a) Telephone number (314) 772-4113 at 2228 Edwards, St. Louis, Missouri.
(b) Telephone number (314) 645-5139 at 5825 Southwest, Apt. 9, St. Louis, Missouri.
(c) Telephone number (314) 487-1436 at 700 Peace Haven Drive, St. Louis, Missouri.

2. The parties further stipulated that the aforesaid electronic surveillance is contained in Government’s Exhibits 28 through 36. With respect to these exhibits, the parties further stipulated that the agents who operated the equipment were competent to operate the equipment and that the equipment was operable and capable of recording conversations. The parties stipulated to the fact that the conversations are true, accurate, authentic and correct recordations of the conversations proffered. The parties stipulated that there have been no changes, deletions or additions made to the conversations listed in the stipulation. Finally, the parties stipulated that both the original and the duplicate tapes have been in the care and custody of Special Agent Ronald Kosednar, an agent for the Federal Bureau of Investigation, and at all times have been kept under lock at the FBI Headquarters in St. Louis, Missouri.

[1073]*10733. It is further stipulated that Government’s Exhibit 33 is a composite tape containing 45 conversations which occurred during the period from November 24, 1982 through January 16, 1983. The parties to these conversations are principally Thomas Williams, a/k/a “Roscoe”, and Frank Parrino, a/k/a “Ben” and “Chico”.

4. The Court, in the interest of brevity, will not attempt to recite the text of each conversation contained in Government’s Exhibit 33. The Court will, however, highlight certain conversations which are indicative of the evidence upon which it bases its findings. On December 4, 1982 during the 2:22 p.m. conversation, Williams referred to “all his people” and that he “got 1800 and [he will] split it.” On December 2, 1982, Williams informed Parrino that he was “balanced out, 11 and 9”, and therefore, he did not need to move his line. During conversations on November 29, 1982 and December 2, 1982, defendants Williams and Parrino exchanged line information. At one point during a conversation on December 2, Williams stated that he was using “3 and 42” (referring to a line for the San Francisco game of San Francisco plus 3 points and 42 points for the over and under bet) and that “the service was using it”. In a conversation with Parrino on January 3, 1983, Williams stated “I’ve been using 48”. The “46” refers to an over and under bet. During the conversation on December 29, 1982, at 5:07 p.m., Parrino was questioning Williams about the line for the Alabama game. Parrino stated that he had not received the line yet and asked Williams what he had. Williams replied that some guys have “7V2 and 50, others 8 and 50”. In a conversation on November 25, 1982 at 2:45 p.m., Williams placed a bet with Parrino for “one dime [$1,000.00] on over 38 on Dallas”. Later that same day, at 3:02 and 3:06 p.m., Williams asked Parrino to “scratch the last 500 on Cleveland [because] the guy called me [and wanted] $500.00 the other way”; On December 12, 1982 at 11:54, Williams told Parrino he wanted Buffalo plus IV2 for five dollars (meaning $500.00). Three minutes later Williams called again and told Parrino to scratch Buffalo because he just got “three more plays”. Parrino responded that he couldn’t scratch the bet because he had already called it in. On December 20, 1982 at 7:47 p.m., Williams placed a six dollar (meaning $600.00) parley bet on Cincinnati plus three, under 51.4 During the course of the conversation, Williams stated that he hoped the parley on Cincinnati would lose. In a conversation on December 26, 1982 at 2:58 p.m., Williams, while on the phone with Parrino, took several other bets from other individuals who were apparently in the room with him. Williams proceeded to place four bets on various professional football teams. Before each bet he would count up figures orally before placing the bet.

5. Based on the conversations contained in Government’s Exhibit 33 and the items seized from Williams’ home pursuant to a search warrant, Government’s Exhibits 24, A through J, the Court finds that defendant Williams was conducting a bookmaking operation.5 The evidence establishes that he would take bets from others, maintain his own line and replace layoff wagers with defendant Parrino. In addition, Williams and Parrino would frequently exchange line information. Finally, during their numerous conversations, Williams and Parrino also discussed the various games, exchanging opinions about scores and possible outcomes.

6. It has been further stipulated that the Government’s Exhibit 36 is a composite tape containing 16 conversations which occurred during the period from November [1074]*107425, 1982 through January 8, 1983. The parties to these conversations are principally Nando Bartolotta and Frank Parrino.

7. The Court again, in the interest of brevity, will only highlight certain conversations from the composite upon which it bases its findings. During the conversation on December 30, 1982 at 6:41 p.m., Parrino told Bartolotta that he was “up a dime”. During two conversations on January 8, 1983, Bartolotta, while placing bets with Parrino, stated that “he want[ed] the Raiders” and later that “he want[ed] New England”. During other conversations, Bartolotta would call Parrino to get the latest line information then tell Parrino that he would get back to him.

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Bluebook (online)
636 F. Supp. 1071, 1986 U.S. Dist. LEXIS 27902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-trupiano-moed-1986.