Carlos Marcello
A New Orleans-area figure in federal records from 1951 to 1989: a Senate committee witness who declined to answer, a deportation case at the Supreme Court, a removal to Guatemala in 1961, and the Brilab prosecution that ended in a RICO conspiracy conviction affirmed in 1983.
- Born
- 1910-02-06
- Aliases
- Carlos Joseph Marcello
- Rights
- Biography on this page is limited to what the cited federal records state.
On the record
- 1951 — A committee-compiled summary (Exhibit 7 of Kefauver Part 8, appendix pp. 427-428) states he was "Born Tunis, Africa, February 6, 1910, of Sicilian parents" and entered the United States on 7 October 1910. A compiled summary, not a record of the underlying event; the Supreme Court in 1955 calls him "a native of Tunis, Africa."
- 25 January 1951 — Subpoenaed by the Senate crime committee (subpoena issued 13 January, served 16 January at Gretna), he appeared at room 245, Main Post Office Building, New Orleans, and declined to produce records or answer questions other than his name and residence, citing self-incrimination. The committee reported him for contempt of the Senate on 21 February 1951 (S. Rept. 82-120).
- 25 January 1951 — In his Part 8 testimony he declined, on self-incrimination grounds, to say whether he knew Sam Carollo or Anthony Carollo, whether he had heard of the Mafia or the Unione Siciliana, or whether he was associated with the Southern News Publishing Co. (Kefauver Part 8, pp. 36-54). Counsel's questions are not evidence.
- 31 May 1955 — Marcello v. Bonds, 349 U.S. 302: the Supreme Court upheld the order to deport him under the 1952 Immigration and Nationality Act on the basis of his 1938 conviction under the Marihuana Tax Act. Justices Black and Douglas dissented.
- 4 April 1961 — Marcello v. Kennedy, 312 F.2d 874 (D.C. Cir. 1962), recites that "the Government physically removed Marcello from Louisiana to Guatemala" on 4 April 1961 and that he had re-entered the United States by June 1961, when a criminal prosecution had begun.
- 5 June 1961 — An FBI headquarters memo (Vault, Marcello Part 01, viewer p. 131; OCR only) reports that at 10:25 a.m. Marcello, "recently deported to Guatemala," surrendered to the Immigration and Naturalization Service in New Orleans at his motel, the Town and Country, and was taken to the U.S. Public Health Hospital complaining of chest pains.
- 10 January 1967 — An FBI report is captioned "Carlos Joseph Marcello ... Assaulting a Federal Officer" (victim Special Agent Patrick J. Collins, Jr.; Vault, Marcello Part 02; OCR only). It notes that his attorney was going to request a change of venue. The pages filed state no outcome.
- 20 April 1982 — United States v. Marcello, 537 F. Supp. 1364 (E.D. La. 1982): after an eighteen-week trial in the Brilab case the jury found Marcello and Charles E. Roemer II guilty of the Count One RICO conspiracy; "Marcello was acquitted on the eleven other counts against him."
- 11 April 1983 — United States v. Roemer and Marcello, 703 F.2d 805 (5th Cir. 1983), affirmed the convictions for conspiring to violate RICO; rehearing was denied on 16 May 1983.
- 20 October 1989 — FBI reports from Rochester, Minnesota (Vault, Marcello Part 01, viewer pp. 25-41; OCR only) record his release from the Federal Medical Center there on 20 October 1989.
No role or rank is stated for Marcello by any federal record filed here, so none is entered. The only characterization of a “Kastel-Marcello axis” is New Orleans Mayor Morrison’s statement to the Senate committee in 1951, which is the Mayor’s statement and not a finding. His refusals to answer in January 1951 were on self-incrimination grounds and are not admissions.
The Brilab opinions describe the government’s case and the verdict; the jury acquitted him on eleven of twelve counts. The FBI Vault pages for him are on the viewer’s OCR text only, because the page images returned HTTP 403, and so no scan is stored.
Records
itemSenate Report 120: proceedings against Carlos Marcello (1951)Senate Report No. 120, 82d Congress, on the Kefauver Committee's contempt proceedings against Carlos Marcello, who refused to answer questions at its New Orleans hearing of January 25, 1951. The hearing transcript excerpt is printed as Annex I.
itemKefauver Committee hearings, Part 8: Louisiana (1951)Printed hearings of the Senate Special Committee to Investigate Organized Crime in Interstate Commerce, Part 8, Louisiana: sessions in New Orleans and Washington, January to February 1951.itemMarcello v. Bonds, 349 U.S. 302 (1955)Justice Clark's opinion upholding the order to deport Carlos Marcello, 'a native of Tunis, Africa,' under the 1952 immigration act on the basis of his 1938 Marihuana Tax Act conviction, and rejecting his Administrative Procedure Act claim. Justices Black and Douglas dissented.itemMarcello v. Kennedy, 312 F.2d 874 (D.C. Cir. 1962)The D.C. Circuit's opinion on Marcello's suit over his removal to Guatemala on 4 April 1961; it recites that he had re-entered the United States by June 1961 when a criminal prosecution had begun, and directs dismissal of the complaint.itemUnited States v. Marcello, 508 F. Supp. 586 (E.D. La. 1981) (Brilab pretrial rulings)Pretrial rulings in the Brilab prosecution of Carlos Marcello, Charles E. Roemer II, I. Irving Davidson, Vincent Marinello and Aubrey Young: motions to dismiss deferred until trial, other substantive motions denied, and rulings on suppression of recorded conversations and on disclosure of an informer.itemUnited States v. Marcello, 537 F. Supp. 1364 (E.D. La. 1982) (Brilab post-trial opinion)Judge Sear's opinion denying post-trial motions after an eighteen-week trial in which Carlos Marcello and Charles E. Roemer II were found guilty of the Count One RICO conspiracy and acquitted of the other counts, and their co-defendants were acquitted of all charges.itemUnited States v. Roemer and Marcello, 703 F.2d 805 (5th Cir. 1983)A per curiam opinion affirming the convictions of Charles E. Roemer II and Carlos Marcello for conspiring to violate the RICO statute (Brilab), adopting the trial court's reasoning, decided 11 April 1983.
itemFBI Vault: Carlos Marcello, Part 01 of 03 (1955 to 1989)The first part of the FBI's released file on Carlos Marcello: a 1955 headquarters memo on Marcello v. Bonds, 1956-57 hoodlum-coverage memoranda from New Orleans, April-June 1961 memoranda on his removal to Guatemala and surrender in New Orleans, and 1989 reports from Rochester, Minnesota on his release.
itemFBI Vault: Carlos Marcello, Part 02 of 03 (1966 to 1978)The second part of the FBI's released Marcello file (326 viewer pages): a New Orleans airtel of 3 October 1966 before a 7 October 1966 hearing, a report of 10 January 1967 captioned 'Assaulting a Federal Officer,' and later racketeering-investigation material including subpoenaed bank records.
itemKefauver Committee hearings, Part 8: Louisiana (1951)Printed hearings of the Senate Special Committee to Investigate Organized Crime in Interstate Commerce, Part 8, Louisiana: sessions in New Orleans and Washington, January to February 1951.itemMarcello v. Bonds, 349 U.S. 302 (1955)Justice Clark's opinion upholding the order to deport Carlos Marcello, 'a native of Tunis, Africa,' under the 1952 immigration act on the basis of his 1938 Marihuana Tax Act conviction, and rejecting his Administrative Procedure Act claim. Justices Black and Douglas dissented.itemMarcello v. Kennedy, 312 F.2d 874 (D.C. Cir. 1962)The D.C. Circuit's opinion on Marcello's suit over his removal to Guatemala on 4 April 1961; it recites that he had re-entered the United States by June 1961 when a criminal prosecution had begun, and directs dismissal of the complaint.itemUnited States v. Marcello, 508 F. Supp. 586 (E.D. La. 1981) (Brilab pretrial rulings)Pretrial rulings in the Brilab prosecution of Carlos Marcello, Charles E. Roemer II, I. Irving Davidson, Vincent Marinello and Aubrey Young: motions to dismiss deferred until trial, other substantive motions denied, and rulings on suppression of recorded conversations and on disclosure of an informer.itemUnited States v. Marcello, 537 F. Supp. 1364 (E.D. La. 1982) (Brilab post-trial opinion)Judge Sear's opinion denying post-trial motions after an eighteen-week trial in which Carlos Marcello and Charles E. Roemer II were found guilty of the Count One RICO conspiracy and acquitted of the other counts, and their co-defendants were acquitted of all charges.itemUnited States v. Roemer and Marcello, 703 F.2d 805 (5th Cir. 1983)A per curiam opinion affirming the convictions of Charles E. Roemer II and Carlos Marcello for conspiring to violate the RICO statute (Brilab), adopting the trial court's reasoning, decided 11 April 1983.itemFBI Vault: Carlos Marcello, Part 01 of 03 (1955 to 1989)The first part of the FBI's released file on Carlos Marcello: a 1955 headquarters memo on Marcello v. Bonds, 1956-57 hoodlum-coverage memoranda from New Orleans, April-June 1961 memoranda on his removal to Guatemala and surrender in New Orleans, and 1989 reports from Rochester, Minnesota on his release.itemFBI Vault: Carlos Marcello, Part 02 of 03 (1966 to 1978)The second part of the FBI's released Marcello file (326 viewer pages): a New Orleans airtel of 3 October 1966 before a 7 October 1966 hearing, a report of 10 January 1967 captioned 'Assaulting a Federal Officer,' and later racketeering-investigation material including subpoenaed bank records.