# United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985)

Canonical: https://mobfiles.org/items/courtlistener-us-v-balistrieri-779-f2d-1191/

Seventh Circuit opinion of November 12, 1985 affirming Frank Balistrieri's Milwaukee sports-gambling convictions, with the court's account of his attempts to disqualify the trial judge. It records no Las Vegas events.

United States Court of Appeals, Seventh Circuit, Nos. 84-2001, 84-2004 and 84-2012, argued April 26, 1985, decided November 12, 1985 and corrected November 26, 1985, before Judges Eschbach and Flaum and Senior Judge Gibson of the Eighth Circuit, with the opinion by Judge Eschbach. The appellants were Frank Peter Balistrieri, Steve DiSalvo and Dennis Librizzi.

The convictions arose "out of a lengthy and painstaking government investigation of organized sports gambling activities in Milwaukee, Wisconsin, from 1977 into 1980," which used physical and electronic surveillance, warrants and two undercover FBI agents. "According to the theory, Frank Balistrieri was the owner of the businesses, Steve DiSalvo supervised them, and Dennis Librizzi participated." Balistrieri was convicted of conspiracy to direct an illegal gambling business, of conducting one, and of failing to file tax forms. The opinion records that on May 29, 1984 he "was sentenced to four years imprisonment." The court affirmed.

The opinion also describes four motions by Balistrieri to disqualify Judge Robert W. Warren, who as Attorney General of Wisconsin from 1969 to 1971 had, Balistrieri's affidavits said, "formed a firm belief that Balistrieri was the head of the Milwaukee Mafia." The court held that Judge Warren was not required to recuse himself. That phrase is Balistrieri's allegation about the judge's belief, as the court reports it, and the court makes no finding that Balistrieri held that or any rank. The opinion concerns Milwaukee and does not mention Las Vegas. Balistrieri's part in the Las Vegas casino loan, as the Government described it, is in [United States v. Cerone](/items/courtlistener-us-v-cerone-830-f2d-938/).

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/462493/united-states-v-frank-peter-balistrieri-steve-disalvo-and-dennis/