# Orena v. United States, 956 F. Supp. 1071 (E.D.N.Y. 1997)

Canonical: https://mobfiles.org/items/courtlistener-orena-v-us-956-f-supp-1071/

Judge Weinstein denied motions to vacate Colombo family convictions over the government's nondisclosure of Gregory Scarpa Sr.'s role as an FBI informant. The opinion finds he began giving the Bureau information in 1980, was classified "Top Echelon," and was closed on March 3, 1992 and reopened on April 8, 1992. It also summarizes Salvatore Gravano's trial testimony.

United States District Court, Eastern District of New York, Judge Jack B. Weinstein, March 10, 1997. Victor Orena and Pasquale Amato moved to vacate their convictions in the Colombo family case, arguing that the government had failed to disclose that Gregory Scarpa, Sr. was an FBI informant.

Under the heading on Scarpa as a confidential FBI informant, the court states that the FBI's "briefing synopses — Form "209's" — indicate that he began providing the Bureau with information in 1980." "Classified as "Top Echelon," Scarpa was a valuable informant." "Scarpa was closed as an informant on March 3, 1992 after it was rumored that he was conspiring to murder someone. He was reopened on April 8, 1992." The opinion's discussion of Scarpa's FBI handler is hedged and is not repeated here as fact.

The opinion also summarizes trial testimony of Salvatore Gravano, among other cooperating witnesses: "Gravano testified that one was to please John Gotti, the Gambino Family Boss," as a motive for a killing, and he and others testified "to Orena's ambition to gain greater control of the Family." It notes his testimony outside the jury's presence in a 1996 Georgia case. The court concluded: "The motions are denied." Scarpa was not a witness in this proceeding; his record here is as an informant.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/1895327/orena-v-united-states/