Organized Crime In Rhode Island

Organized Crime is defined by law enforcement agencies as any continuous, conspiratorial enterprise that engages in illegal activities as a means of generating profits, often referred to as "Black Money". While the term "organized crime" is often applied to organizations such as the Italian Mafia, individuals do not need to be members of any crime syndicate in order to be arrested and prosecuted for affiliation with such activity.

While Rhode Island is not considered to be a Mecca for organized crime, it is still present and operating on various levels throughout the state. Some of the crimes considered to be typical and integral parts of organized crime in Rhode Island include:

1. Gambling Rings

Many forms of gambling are illegal in most states, however Rhode Island does permit lotteries, Race Tracks and casinos that must conduct themselves in accordance with state regulations. Illegal forms of gambling are still very common and thrive while hidden from public view. While there have been several statutes which have been passed in order to deter this problem, it has not eliminated it.

2. Prostitution Rings

Although legal in the state of Rhode island between 1980 and 2009, Prostitution has been outlawed once again, and has been an age-old issue in virtually every part of the world. Prostitution has been one of the most lucrative enterprises in nearly all forms of organized crime for as long as it has existed. Even street prostitution has a well-defined structure and anyone charged, or found to have been involved with the operation of that structure on any level may be considered to be a participant in organized crime.

3. Drug-Dealing

Another crime that has saturated virtually every country in which most recreational substances have been prohibited, drug dealing involves a massive, and intricately run system of checks and balances which are without question; considered organized crime. Like most other states, Rhode Island prosecutors apply every possible means at their disposal to punish offenders to the maximum extent of the law.

4. Loan-Sharking

Loan sharking is another timeless crime that takes place in virtually every state. Loan sharking involves the dispensing of loans to individuals who are unable to obtain a loan or credit legally, and agree to accept a sum of money with often unreasonable interest rates in addition to unreasonable modes of collection when payments are late or can not be paid in full. Loan-sharking is a business, and includes a pyramid shaped hierarchy that employs violence, thuggery, bribery, threats and even murder in order to maintain its operation.

5. Consequences

Many of these crimes are subcategories of racketeering and due to their affiliation with organized crime will result in lofty prison sentences and severe fines, in addition to the forfeiture of any profits made by the illegal activity for which an individual is being prosecuted. Contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

Eluding Police Case Result

If you have been charged with a crime in RI or MA, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

Eluding Police: Filed. Police stopped a motorist on the highway after observing him travel at excessively high speeds weaving in and out of traffic. When officers pulled the motorist over, they noticed his truck was slightly ajar. The motorist claimed to be driving a rental vehicle and had no knowledge of the open trunk. Officers obtained the motorist’s license and rental registration to run a criminal background check. This check revealed to officers that the motorist was released from prison after serving long jail sentence for murder, and had also been recently charged with narcotics trafficking, a charge that was subsequently dismissed. Based on this information, the patrol officer called for back-up assistance of more police officers. When the motorist observed multiple police cars pull in behind his stopped car along the highway, he panicked, started his engine and sped off. The motorist fled police on the highway from Rhode Island and into neighboring Massachusetts. He was ultimately apprehended and charged with Eluding Police. The frightened motorist retained Attorney Calcagni to represent him against this misdemeanor charge. The motorist admitted his responsibility before the Court and pleaded for mercy at the time of sentencing. Because of his criminal history, the prosecution advocated for a sentence of one year in jail, to be suspended for one year, with probation. Attorney Calcagni vehemently opposed this sentencing recommendation and zealously advocated for his client who, though a felon, paid his debt to society and feared law enforcement. Attorney Calcagni successfully convinced the Court to not impose the sentence recommended by prosecutors and instead file this matter for one year. Providing the man is not charged with a new offense in the next year, he will be eligible to have his case sealed and he will not incur a criminal conviction from this incident. Congratulations to this client.

Felony Assault and Rape Suspect Arrested

 

Felony assault and rape are serious criminal charges that carry with them the potential for substantial prison sentences if found guilty. If you are a suspect or have been charged with a felony assault or other serious sexual offense, contact John L. Calcagni at (401) 351-5100 or use the contact form HERE for more information.

 

R.I. Police Digest: Rape, assault suspect captured on Block Island
September 20, 2011
New Shoreham

Rape, assault suspect captured

A man wanted by North Providence police on charges of rape and felony assault was apprehended early Sunday morning on Block Island, according to New Shoreham Police Chief Vincent Carlone.

Named on the Rhode Island Most Wanted website, Jossie J. Gomez, 21, last known to live in Providence, was taken into custody around 1 a.m. Sunday by New Shoreham officers after a brief foot chase, and was taken by medical helicopter to Rhode Island Hospital in Providence after injuring himself when he attempted to flee, Carlone said.

Gomez was wanted by the North Providence police on charges of kidnapping, first-degree sexual assault and felony assault. Superior Court warrants were also outstanding for drug possession, probation violation and failure to appear for an arraignment on a charge of domestic assault.

Carlone said the police received a phone call reporting that a fugitive from justice was on the island.

Gomez was found at a rooming house on Water Street, Carlone said.

“While receiving permission to conduct a search, [officers] heard scrambling and saw the man running,” Carlone said.

While fleeing, Gomez jumped off a deck and landed on some lobster pots, injuring himself, Carlone said.

When Gomez was captured, Carlone said, “he had a substantial amount of cash.”

BRYAN ROURKE

Massachusetts Firearm Identification Card

 

The Massachusetts Firearm Identification Card (FID) is a requirement based on gun policy changes which were part of the Massachusetts Gun Control Act which went into affect June 1, 1998. As part of the new set of Massachusetts firearm requirements all new firearm license applicants must complete a certified firearms safety course or Basic Hunter Education Course. These courses provide one of two FID cards with varying requirements. A class “A" license to carry permits the purchase, possession and carrying of all ammunition, handguns, rifles, shotguns and feeding devices and in addition, permits the holder to carry a concealed firearm. The class "B" permits the purchase, possession and carrying of all ammunition, non-large capacity handguns, and all rifles and shotguns but does not allow the holder to carry a concealed firearm under any circumstances.

The requirements for obtaining a Massachusetts FID card consist of: being at least 18 years old (15-17 with parental consent), and completing a Massachusetts approved firearms safety course or basic hunter education course. The license is valid for a total of 6 years, after which applicants must reapply but are not required to attend the safety course. A restricted FID card is also available specifically for the possession of mace or pepper spray, which also does not require the firearm safety course. Massachusetts has strict penalties for being caught with an unlicensed firearm, and lawbreakers may even be subject to a 90 day sentence that extends to possession of ammunition.

Criminal Defense Attorney in RI

A recent Federal Court case for a RI client brought the result we had both hoped for...

“I am so immensely humbled and impressed by how you represented me before the Federal Court. Everyone in my family is extremely pleased with your work. Thank you from the bottom of my heart.” Mr. N.
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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Medicare Fraud Case Decided by US District Court

RI Criminal Attorney Calcagni reports on the following case results for a criminal fraud defense client.


FACTS:
A pharmacist was charged in U.S. District Court with two counts of Conspiracy to Commit Medicare/Medicaid Fraud. The government alleged that the pharmacist conspired with patients to purchase their prescription slips for narcotic and other expensive medications.

The pharmacist did not fill these prescriptions, but instead, accepted the slips in exchange for cash. He then used the slips to support billing requests he submitted to Medicare/Medicaid to receive payment for prescribed medications that were never dispensed.

The government charges that the pharmacist engaged in this fraud scheme with multiple patients over a prolonged period during which he defrauded the United States and Medicare/Medicaid Programs out of approximately $150,000.00.

The pharmacist remained in pretrial custody for nearly 8 months while his case was pending. Prior to being charged, he spent 6 months in ICE custody due to an order that he be deported from the United States because his Green Card had expired.

POTENTIAL SENTENCE:
The pharmacist pled guilty to this misconduct and entered into a plea agreement with the government that provided for a sentencing range of 18-24 months. Notwithstanding, he still faced a maximum potential punishment of 10 years in jail; 3 years of supervised release, a fine of up to $250,000.00 and restitution of $150,000.00.

ARGUMENT:
A carefully prepared statement for the pharmacist’s sentencing presented the extenuating and mitigating factors of family; economic oppression, loss of pharmacy license, business and assets; life circumstances, and other factors to the sentencing judge.

Attorney Calcagni submitted these matters in support of his sentencing recommendation on the pharmacist’s behalf that he be sentenced to the time served in pretrial custody. Both the government, who sought a sentence of 19 months; and the U.S. Probation Department, who sought a sentence in the range of 3 years; opposed this request.

At the time of sentencing, the Court approved Attorney Calcagni’s sentencing recommendation. The pharmacist was sentenced to time served; no fine; and restitution in the approximate amount of $150,000.00.

SENTENCE:
Medicare/Medicaid Fraud: Time Served.




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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

MA Assault Case Continued Without a Finding

MA Assault and Battery Defense Attorney Calcagni secures favorable decision in MA Criminal Assault case for client.

Assault and Battery: Continued without a Finding.
Man charged with physically assaulting his sister by pushing her to the ground causing her to hit head and lose consciousness, as well as sustain a sprained arm that required medical treatment. Successfully negotiated a continuation without a finding (CWOF) for 18 months and no criminal conviction imposed.
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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

MA Simple Assault Filing with No Conviction

MA Criminal Defense Attorney Calcagni posts the following results in a case involving a simple assault in a parking lot.


Simple Assault: Filed.
Man involved in verbal altercation with female over a parking space. Third party witness contacted police and reported that man physically picked female off ground and moved her away from him and his vehicle. Accordingly, man was charged with Simple Assault.
Result:
Successfully negotiated 1-year filing of this charge and no criminal conviction imposed.

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Conspiracy to Purchase Cocaine in US District Court Case

Multiple RI and Federal Agents targeted a RI man in an effort to ascertain whether he was involved in the possession and sale of cocaine. The task force consisted of RI State Police, High Intensity Drug Trafficking Areas Task Force, Providence Police, Pawtucket Police and Warwick Police, as well as the Boston Police Department and Federal Bureau of Investigation.

The defendant, Jose Astacio, was arrested and convicted of conspiracy to possess cocaine with the intent to distribute, and attempt to possess with the intent to distribute more than five kilos of cocaine. The drugs were estimated to have a value of $1 million. The full article follows below.


Rhode Island Man Pleads Guilty to Conspiracy to Buy $1 Million Worth of Cocaine

PROVIDENCE, RI—A Providence man pleaded guilty in United States District Court in Providence on Thursday to conspiracy to possess with the intent to distribute and attempt to possess with the intent to distribute more than five kilos of cocaine. Jose J Astacio, 40, was arrested in August 2008 after setting up a deal with an undercover FBI agent and others to purchase a million dollars worth of cocaine. Nearly a half-million dollars had been delivered for the drugs when Astacio was arrested. The guilty plea was announced by United States Attorney Peter F Neronha, which was entered before United States District Court Chief Judge Mary M Lisi.

At the defendant’s change of plea hearing, Assistant United States Attorney Stephanie S Browne told the court that had the matter proceeded to trial, the government was prepared to present evidence that in August 2008, Jose Astacio met several times with an undercover FBI agent and two cooperating witnesses, indicating that he had $1,000,000 available for the purchase of large quantities of cocaine. He indicated that if the purchase went well he had additional sums of money for subsequent purchases. The parties agreed that the initial sale of cocaine to the defendant would be 50 kilograms. On August 17, 2008, Astacio was contacted and confirmed his readiness to conduct a transaction on that day.

The cooperating witnesses and undercover FBI agent met Astacio in Warwick where Astacio made arrangements for the delivery of half of the cash for the transaction. Astacio claimed a second associate had the other half of the money. Later, Astacio said he was having problems contacting the second associate and said he would take delivery of the drugs and return with the rest of the money. Astacio followed one of the cooperating witnesses and another undercover law enforcement officer to a location in Providence where agents had placed over 50 kilos of cocaine.

The defendant examined two of the kilos, and after satisfying himself as to the quality of the cocaine, Astacio closed up the packages and rubbed each kilo package with a plastic bag to remove his fingerprints. After the defendant had completed the inspection of the cocaine, he activated a hidden compartment in the rear bumper area of his vehicle and began loading the cocaine into the hidden compartment. As he was loading a third kilo package into the car he was arrested. Agents seized $499,470 that had been provided for the drugs.

Astacio is scheduled to be sentenced January 13, 2011. He has been detained since his arrest. The matter was investigated by the Federal Bureau of Investigation; Rhode Island State Police; the High Intensity Drug Trafficking Areas (HIDTA) Task Force, including Providence Police, Pawtucket Police and Warwick Police; and the Boston Police Department.

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Criminal Domestic Violence Charge Dismissed

Federal Criminal Defense Attorney Calcagni secures Dismissal for Assault and Battery charged client.

Assault and Battery and Malicious Destruction of Property: Dismissed.
Man allegedly assaulted girlfriend by biting her in the face resulting in injury and destroyed various household property during domestic disturbance. Girlfriend phoned 9-1-1 and Defendant was charged with Assault and Battery and Malicious Destruction of Property. Successfully negotiated dismissal of all charges on the morning of trial.

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA Personal Injury, and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.