United States v. Corrado, 227 F.3d 543 (6th Cir. 2000)

United States Court of Appeals, Sixth Circuit. The government appealed after the district court declined to order forfeiture against Jack Tocco, Vito Giacalone, Paul Corrado, Nove Tocco and Anthony Corrado. The court quotes the district court’s reasons, including its view that the evidence made it impossible to find “that the partners and associates in the Detroit partnership obtained anything sufficiently determinable in degree of value to allow the calculation of an amount for forfeiture.” The phrase “Detroit partnership” there is the district court’s, quoted.

On the Frontier Hotel in Las Vegas, the court recounts testimony that the hotel was sold to Howard Hughes at a profit and states: “Michael Corrado and Anthony Zerilli were convicted and imprisoned for conspiracy to acquire and maintain hidden interests in the Frontier Hotel gambling and casino operation.” (The name “Michael Corrado” is as printed; the Ninth Circuit’s 1974 opinion names Michael Polizzi and Anthony Zerilli as the appellants in the Frontier case.) On Sal Vitello, the court writes: “Silverio (Sal) Vitello testified that he paid Vito Giacalone $1,000 per week for about 10 years to assure labor peace,” about $1,000,000 in all.

The court held: “we REVERSE the district court and direct that forfeiture amounts be assessed against the following defendants in the respective amounts, jointly and severally: 1. Against Vito Giacalone in the amount of $234,700 (street taxes); plus $1,000,000 (extortion from Sal Vitello), for a total of $1,234,700,” with the same amounts against Jack Tocco, and a remand on the Edgewater Hotel. Decision on the other three defendants was withheld.