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United States v. Locascio

6 F.3d 924 (1993)

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United States v. Locascio

United States Court of Appeals for the Second Circuit

6 F.3d 924 (1993)

Facts

Mob boss John Gotti and advisor Frank Locascio (defendants) were charged with multiple counts of conspiracy and racketeering. Veteran FBI agent Lewis Schiliro testified extensively about organized crime families generally, the rules of the Sicilian Mafia, and roles that bosses like Gotti and “consigliere” like Locascio played in the Gambino crime family. Schiliro also listened to taped conversations and identified the speakers for the jury. Schiliro explained his knowledge came from his 17 years working with other FBI agents who knew about the inner workings of the Mafia and five years on the organized crime squad, with two years as supervisor. Schiliro also said he relied on other confidential sources, implying countless informants and other recorded mob conversations. Gotti and Locascio were both convicted and sentenced to life imprisonment. They appealed on multiple grounds, including that Schiliro was not qualified to testify as an expert, gave broad testimony beyond the scope of expert testimony, and relied on improper evidence.

Rule of Law

Issue

Holding and Reasoning (Altimari, J.)

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