United States v. Ferrara, 771 F. Supp. 1266 (D. Mass. 1991)

United States District Court for the District of Massachusetts, Judge Mark Wolf. CourtListener dates the memorandum April 15, 1991 and records a correction of June 27, 1991. The defendants moved to suppress the recording the FBI made under a roving-interception order. The court held the roving-interception provision constitutional as applied and ruled that suppression was not warranted despite certain statutory violations. The October 27, 1989 order of Judge David S. Nelson is reproduced as Appendix 1.

The court lists the defendants as the indictment describes them: “Raymond J. Patriarca, the alleged ‘Boss’ of the Family; Joseph A. Russo, the alleged ‘Consigliere’ or ‘Counselor’ and acting ‘Underboss;’ Vincent Ferrara and Robert Carrozza, alleged ‘Capo Regimes’ or ‘Captains;’ Carmen Tortora, an alleged ‘Soldier;’” and two associates. Each title is an allegation.

The opinion states that evidence of the alleged enterprise “was obtained by the government when— apparently for the first time anywhere—it electronically intercepted and recorded a meeting on October 29, 1989, at 34 Guild Street, Medford, Massachusetts in which new members of the LCN were inducted.” The superseding indictment of March 22, 1990 “disclosed for the first time” that the ceremony had been recorded. In 1999 Judge Wolf said that these 1991 findings rested on a limited record (91 F. Supp. 2d 141).