United States v. Ruggiero, 726 F.2d 913 (2d Cir. 1984)

United States Court of Appeals, Second Circuit, argued April 26, 1983 and decided January 18, 1984. The appellants included Benjamin Ruggiero and Nicholas Santora.

The opinion begins with the investigation: “Beginning in 1976, special agent Joseph Pistone of the FBI began an undercover assignment to infiltrate “fences” … associated with organized crime in New York City. Using the name “Donnie Brasco”, Pistone assumed the identity of a burglar and jewel thief.” It says that “In 1977 Ruggiero confided to Pistone that he had become a “made” member of the Bonnano organized crime family,” that Pistone met members of Dominick Napolitano’s crew at a Graham Avenue social club in Brooklyn, and that “Agent Pistone was “wired” with a transmitter during many of the encounters he had with the defendants.”

The court recounts that after the May 5, 1981 murders of three Bonanno captains, “Napolitano told Pistone, “we took care of those three guys, they’re gone”,” and “ordered Pistone to hit Bruno if he found him,” meaning Anthony “Bruno” Indelicato. It held statements made to Pistone admissible as made in furtherance of the conspiracy. It reversed one defendant’s conviction on Count One with directions to dismiss, reversed another’s on Count One for a new trial, and “In all other respects the judgments appealed from are affirmed.” The opinion does not print the trial date.