United States v. Balistrieri, 778 F.2d 1226 (7th Cir. 1985)

United States Court of Appeals, Seventh Circuit, argued May 21, 1985, decided November 20, 1985; rehearing and rehearing en banc denied January 8, 1986.

The court states that the case “involves the appeal from three convictions that resulted from an FBI sting operation into organized crime in the Milwaukee, Wisconsin, area.” In October 1981 a grand jury returned four indictments. The first, a gambling case, produced the convictions affirmed in United States v. Balistrieri, 779 F.2d 1191 (“Balistrieri I”). The second charged Frank, Joseph and John Balistrieri, Benjamin Ruggiero and one other man with conspiracy to extort and attempted extortion under 18 U.S.C. § 1951. Ruggiero pleaded guilty; after a six-week trial the three Balistrieris were convicted on both counts and the fifth defendant was acquitted. Frank Balistrieri was sentenced to thirteen years, concurrent with his gambling sentence; John and Joseph Balistrieri to eight years each and $20,000 fines.

The court’s account of the facts: “FBI Agent Gail Cobb, using the alias Tony Conte, operated the Best Vending Company. Between 1976 and 1981, FBI Special Agent Joseph Pistone was operating under the alias Donnie Brasco as an undercover agent investigating organized crime activities in New York City. During this time he developed a close working relationship with Ruggiero, who described himself as a member of the Bonanno crime family of New York. Pistone mentioned to Ruggiero that Cobb had moved to Milwaukee and was trying to open a vending machine business there.” Ruggiero told Cobb the Milwaukee vending business “was controlled by ‘the mob’” and arranged a meeting. “On July 29, 1978, Cobb had a meeting with Frank Balistrieri and others in Milwaukee during which Frank Balistrieri made threats against Cobb because Cobb had attempted to start a vending machine business in Milwaukee without his permission.” Reviewing the evidence, the court concluded that Frank Balistrieri “acted in concert with Ruggiero, and his sons John and Joseph.” Jury selection had been moved to the Green Bay Division because of publicity in Milwaukee.

The convictions were affirmed. The opinion’s statement about the Bonanno family is Ruggiero’s description of himself, as the court reports it. The opinion names no organization for the Balistrieris and gives no rank.