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Defendants-appellants Carmine Persico, Hugh McIntosh, Gennaro Langella, John DeRoss, Anthony Scarpati, Alphonse Persico, Andrew Russo and Dominic Cataldo appeal from judgments entered in the United States District Court for the Southern District of New York (Keenan, J.), convicting them of various offenses arising from their participation in the affairs of the Colombo Family racketeering enterprise. All eight appellants were convicted of conspiracy to violate provisions of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962(d) (1982), and seven of the appellants were convicted of substantive RICO violations, id. § 1962(c). In addition, the majority of appellants were convicted of various substantive offenses that also were charged as predicate racketeering acts.

On appeal, appellants raise a plethora of claims, only a few of which require discussion. Russo and McIntosh contend that their convictions for substantive RICO violations and RICO conspiracy must be overturned on statute of limitations and double jeopardy grounds. Langella challenges the district court's decision to empanel an anonymous jury. Carmine Persico claims that the district court's sequestration decisions were improper and he raises a due process challenge to the government's compensation arrangement with a key witness. Various appellants join in these claims, and all appellants challenge the admission of a co-conspirator's statements against them. Of these claims, the only ones that have merit are the statute of limitations claims advanced by Russo and McIntosh regarding their convictions under 18 U.S.C. § 1962(c). As a result, we affirm the judgments convicting all appellants, except that we reverse as to the section 1962(c) convictions of Russo and McIntosh.


832 F.2d 705 (1987)

UNITED STATES of America, Appellee, v. Carmine PERSICO, a/k/a "Snake," a/k/a "Junior," Hugh McIntosh, a/k/a "Apples," Gennaro Langella, a/k/a "Jerry Lang," John DeRoss, a/k/a "Jackie," Anthony Scarpati, a/k/a "Scappy," Alphonse Persico, a/k/a "Little Allie Boy," Andrew Russo, a/k/a "Andy Mush," and Dominic Cataldo, a/k/a "Little Dom," Defendants-Appellants.

Nos. 1036 to 1039, 1050 to 1052 and 1056, Dockets 86-1468, 86-1479 to 86-1484 and 86-1494.

United States Court of Appeals, Second Circuit.

Argued July 13, 1987.

Decided October 27, 1987.

New York Law School location: File #399, Box #120