Where do I start? My hometown is Saratoga Springs New York. I am a retired attorney that went down south 20 years ago thinking I needed a change. But New York called me back. There was a point in time while practicing law in New York when I was fascinated with attorney Anthony Ianniello's ability to stay out of jail given the rumors that surfaced regarding his M.O. in the title business. As I'm back in Saratoga Springs catching up on what I've missed over the past 20 years I see Mr. Ianniello remarkable dodged another bullet. But, I think the answer to my question has been clearly answered. The following was cut and paste from this site.
A scheme that stretched across the globe Fraud cases raise questions about the work of attorneys whose clients later faced criminal charges The Albany Times Union by BRENDAN J. LYONS - October 26, 2008 SARATOGA SPRINGS, NY — The money was supposed to come from overseas: a $100 million deal to finance a ski resort in Utah.
The wealthy investor on the other end of the telephone line listened closely to three men from Saratoga County, including an attorney, who cast themselves as international financiers with access to billions. The investor, Brent Ferrin, who lives in Park City, Utah, was skeptical. The men making the pitch were speaking in garbled sentences about Latvian banks, Patriot Act restrictions and shadowy European bank executives who, it would turn out, actually lived in Las Vegas. But Ferrin played along.
He questioned why the paper work for a major international loan was being handled by a ''personal injury lawyer'' from Saratoga Springs. The attorney, John M. Hogan Jr., jumped in to defend himself. ''Let me tell you why,'' Hogan said. ''Because I, I am tenacious. I don't let go of things when I get my hands onto them.
I was for, did they say I was an accountant before I was a lawyer? ... And did they tell you that ah, I don't like to lose and that I'm a bulldog? That's what people call me.'' Unbeknownst to Hogan and his partners in the deal, Ferrin was recording every word for the FBI. It wasn't the first time Hogan, 73, a member of a longtime Saratoga Springs law firm, played a role, knowingly or not, in a questionable loan deal, court records show.
But like several upstate New York attorneys who figured in recent federal investigations of real estate and mortgage fraud, Hogan was not charged. Indeed, a months-long Times Union examination has uncovered instances in which federal authorities investigated the roles of lawyers and other licensed professionals embroiled in schemes involving mortgage or bank fraud, without bringing charges. It comes as other lawyers and their clients, who have been prosecuted in upstate federal courts, are accusing the Justice Department of being selective in its prosecutions and of failing to pursue potential conspirators due to a mix of whimsical decision-making and limited law enforcement resources. As the U.S. economy is reeling in the wake of years of sloppy mortgage lending, the government's decision to limit its prosecutions has exposed a gap in law enforcement priorities.
It also highlights a shift in focus by the FBI and Justice Department toward combating terrorism and child pornography. In June, that issue bubbled up in a federal courtroom in Albany as U.S. District Judge Gary L. Sharpe sentenced two men, Thomas Disonell and Matthew Kupic, to prison for a series of mortgage fraud crimes that could have put them behind bars for much longer than the 24 months they received. Sharpe reacted strongly as the government sought to credit the men for cooperation that was never used to prosecute anyone else.
''This case caused me to crack an eyebrow,'' Sharpe declared on the bench that day. ''How can they do what they did without the complicity of the lawyers that are involved in the closing? ... I'm not oblivious to the fact that the criminal cases filed with the FBI as the investigating agency is almost nil compared to what they were before 9/11. I know where their resources are. And I'm not attacking that one iota. ... But I happen to know that the amount of time and energy invested in white-collar fraud in criminal investigations is not what it was prior to 9/11.'' Andrew T. Baxter, acting U.S. attorney for New York's Northern District, while declining to comment on any specific case, said it is not a matter of being selective.
He said that ''attorney-client privilege can make it more difficult to gather evidence.'' ''In investigating a fraudulent scheme, a key issue as to every subject is the strength of the evidence of the knowledge of the fraudulent nature of relevant transactions and the criminal intent of those involved,'' Baxter said. ''The fact that a subject of an investigation is a lawyer or licensed professional may affect our ability to prove knowledge and intent.'' Still, the Saratoga County case and others like it have exposed a trend in which people accused of federal fraud-related charges turned to attorneys and other professionals who, unwittingly or not, allegedly helped them complete their crimes.
In 2005, a year after Ferrin recorded his telephone conversation with Hogan, two other men on the conference call that day, Philip Rechnitzer of Clifton Park and Ronald Persaud of Saratoga Springs, were indicted by a federal grand jury in Albany. The indictment accused them of bilking Ferrin and other investors of more than $1.6 million. Persaud's wife, Indranie, his ex-wife, Esther, and their son, Shawn, a student at Albany Law School, also were indicted. The charges allege numerous investors lost money while seeking financing for high-end development projects like theme parks, Caribbean resorts and even a Lake George hotel.
The investors have testified in federal court they believed they were dealing with high-powered financiers who had access to billions of dollars in overseas funding, and not a husband-and-wife team from upstate New York who were having financial troubles. In 2004, at a time when Esther Persaud was claiming to be the managing director of at least three overseas banks, she listed her job as an office manager and stated she had $50 cash on hand when she filed for bankruptcy in Albany. Ronald Persaud, whom prosecutors have cast as the ringleader, also filed for bankruptcy that year, claiming assets of under $11,000.
It took place at a time when federal prosecutors say he was fabricating official-looking European bank notes purported to be worth billions of dollars and using those, often with local lawyers at his side, to convince investors to give him money to secure multimillion-dollar loans. Defense attorneys in the case say lawyers were integral in the deals. As the ongoing trial of Ronald and Esther Persaud opened two weeks ago, their criminal attorneys cast blame on at least five business attorneys, including Hogan.
Their pitch to the jury in Albany is that lawyers approved documents and wire transfers, and handed over the fraudulent bank notes to investors. The only attorney charged in connection with the scheme was William Tessitore, who lost his law license and pleaded guilty to bank fraud Aug. 11, admitting he looted $624,000 from his escrow accounts. Prosecutors agree that the presence of attorneys is exactly why many victims fell for the scheme, but they have been silent on whether any of the other attorneys violated any laws. In their trial briefs and other court filings in the Persaud case, they make clear that ''the subject fraud was advanced through the assistance of attorneys'' and ''attorney accounts were used to receive alleged wire fraud proceeds.''
According to court records in the case, and the testimony of witnesses at Persaud's trial, Hogan played a key role. He served as a point of contact for duped investors and attended at least one purported ''closing'' for a loan in Zurich, Switzerland, that never took place. Also, Hogan's law firm helped Ronald and Esther Persaud file for bankruptcy in 2004. Early that year, Ronald Persaud listed assets of less than $11,000 and his job as a ''mortgage consultant'' while months later he was posing as an overseas banker during conversations with Hogan and investors.
The bankruptcy documents make no mention of Persaud's purported work as an international financier. ''Hogan, by virtue of his law license and his status as a member in good standing of the bar, gave the outward appearance of legitimacy to the fraud conspiracy,'' according to a government memorandum filed in Persaud's case. Still, court records and an FBI document shared with the Times Union show Hogan wasn't the only attorney who aided — if unwittingly — in the alleged crimes of Rechnitzer and Persaud.
Anthony Ianniello, a well-known real estate lawyer in Clifton Park, handled the closing on a mortgage in which Persaud's wife, Indranie, a $40,000-a-year postal worker, sharply inflated her income on loan documents so her husband could secretly obtain an $890,000 home in Saratoga Springs. Ianniello also set up a partnership through which Persaud purchased a $135,000 Porsche coupe a year after filing for bankruptcy, and with the proceeds of his alleged crimes, according to the indictment.
There is no indication that Ianniello knew Indranie Persaud was committing mortgage fraud. Ianniello declined to comment. But the Porsche deal raised suspicions of authorities. A state motor vehicle investigator who examined the Porsche transaction, and Ianniello's files, concluded in a government report that ''the unsatisfactory and illogical explanations provided by the attorney, lead him to the conclusion that the Porsche transaction was 'classic money laundering to hide an asset,' '' according to a memo filed in court by the U.S. Attorney's Office.
Ianniello was never charged. Last year, Ianniello was called in for an interview with the FBI and federal prosecutors. He appeared alone. An FBI report detailing Ianniello's responses to questions indicates he gave carefully worded answers about his dealings with the Persauds, for whom he had handled dozens of real estate transactions.
The FBI report indicates Ianniello said he was unaware Ronald Persaud and his wife had laundered money through Ianniello's private attorney escrow accounts. ''He also did not know why money would be transferred from Latvia,'' the FBI report states. ''Ianiello advised that he never dreamed there was a Latvian bank involved. ... He did not recall his staff telling him about these transfers. ... He stated that he was busy and preoccupied.''
Both Ianniello and Hogan are listed as witnesses by the government in the ongoing trial of Ronald, Esther and Shawn Persaud in U.S. District Court in Albany. It's unclear whether they will testify. During a conference in court Thursday, U.S. District Judge Thomas J. McAvoy asked prosecutors whether Hogan would be able to testify this week. The judge told the attorneys that based on what has transpired in the courtroom, including new information that Hogan was allegedly a member of the board of directors of at least one of the shell banks controlled by the Persauds in Scandinavia, that Hogan could put himself in legal jeopardy by testifying.
''He's in danger,'' McAvoy told the attorneys, referring to Hogan. Assistant U.S. Attorney Thomas A. Capezza responded that the government had not offered Hogan an immunity deal. ''We will have backup witnesses in the event something happens with John Hogan,'' Capezza told the judge. Brendan J. Lyons can be reached at 454-5547 or by e-mail at [email protected]. *********** OBITUARY William F. "Buster" Tessitore - William F. 'Buster' Tessitore, 61, entered into the arms of the Lord on Thursday, September 17, 2009. Bill was born in Schenectady on October 21, , the son of Natalie Battaglia Tessitore and the late Joseph W. Tessitore.
He was active in his community, volunteering each Thanksgiving serving dinner to those in need. He participated in countless other charitable activities where he aided and assisted many individuals and their families. Bill was caring and devoted to his family and friends. He was of the Roman Catholic faith and lived a full Christian life. He was predeceased by his father, Joseph W. Tessitore; and his loving daughter, Dana Tessitore in 1975. He is survived by his beloved wife, Janet Krystofik Tessitore.
William was the devoted father of his son, Joseph W. Tessitore and his wife, Rebecca; and his daughter, Lea Tessitore. Loving son of Natalie Tessitore; devoted brother of Anita Tessitore, Christine Riccio, Frank W. Tessitore and Joseph P. Tessitore; adoring grandfather of John Vincent Tessitore and Nicolina Tessitore; also survived by many nieces, nephews, cousins and dear friends. A Mass of Christian Burial will be celebrated on Monday at 10:30 a.m. at St. John the Evangelist Church, Union Street, relatives and friends are invited to attend. Interment will follow in St. John the Baptist Cemetery, Brandywine Avenue. In lieu of flowers, the family would appreciate memorial contributions be made in William's memory to the Cystic Fibrosis Foundation, 423A New Karner Road, Albany, NY 12205.
He's been a informant for decades
AUTHOR: Fred - (United States)
SUBMITTED: Monday, June 28, 2021
I am well known in the Capital Regions legal circles. I've been assured that Ianniello has been a goverment informant for decades. In this case the only legal expanation way he could have escaped prosecution was that he cooperated with the goverment to to the higest extent.
"The Porsche deal raised suspicions of authorities. A state motor vehicle investigator who examined the Porsche transaction, and Ianniello's files, concluded in a government report that ''the unsatisfactory and illogical explanations provided by the attorney, lead him to the conclusion that the Porsche transaction was 'classic money laundering to hide an asset,' '' according to a memo filed in court by the U.S. Attorney's Office.
Ianniello was never charged. Last year, Ianniello was called in for an interview with the FBI and federal prosecutors. He appeared alone. An FBI report detailing Ianniello's responses to questions indicates he gave carefully worded answers about his dealings with the Persauds, for whom he had handled dozens of real estate transactions.
The FBI report indicates Ianniello said he was unaware Ronald Persaud and his wife had laundered money through Ianniello's private attorney escrow accounts. ''He also did not know why money would be transferred from Latvia,'' the FBI report states. ''Ianiello advised that he never dreamed there was a Latvian bank involved. ... He did not recall his staff telling him about these transfers. ... He stated that he was busy and preoccupied.''
Both Ianniello and Hogan are listed as witnesses by the government in the ongoing trial of Ronald, Esther and Shawn Persaud in U.S. District Court in Albany. It's unclear whether they will testify. During a conference in court Thursday, U.S. District Judge Thomas J. McAvoy asked prosecutors whether Hogan would be able to testify this week. The judge told the attorneys that based on what has transpired in the courtroom, including new information that Hogan was allegedly a member of the board of directors of at least one of the shell banks controlled by the Persauds in Scandinavia, that Hogan could put himself in legal jeopardy by testifying."
It should be noted the Ianniello is a partner in the New Country Auto group. The Porche cam from a New County dealership.
It sould be noted that generally an attorney can not be forced to testify against his client. But one exception is if the attorney was knowingly involed.
But in any case I found some other interesting tidbits of info I'd like to share with those who find this character interesting.
Anthony Ianniello's wife is Patricia Raucci Ianniello. Her father was Joseph Raucci People v. Raucci Opinion
March 10, 1988
Appeal from the Schenectady County Court, Clifford T. Harrigan, J.
Englert, Stillman McHugh (Dennis M. Englert of counsel), for appellant. John B. Poersch, District Attorney (Michael T. McGarry of counsel), for respondent.
LEVINE, J.
Defendant Basil Raucci entered a plea of guilty to the crimes of manslaughter in the first degree and two counts of attempted murder in the second degree in satisfaction of an 11-count indictment. He was thereafter sentenced to three terms of 8 1/3 to 25 years' imprisonment; two of which would run concurrently and the third to be served consecutively to the other two. The charges arose out of an incident in which defendant allegedly fired two shots from a shotgun, one into the vehicle in which his estranged wife, Kathy Raucci, and their seven-year-old child were seated, and one at Mark Ferrence, the wife's boyfriend, as he was entering the vehicle. In addition to wounding his wife and Ferrence, the intended victims, one of the shots also struck and killed his son.
As the only condition of the plea bargain, the prosecutor agreed not to make a recommendation at sentencing. A different prosecutor was present at sentencing and, after acknowledging his obligation not to recommend a specific sentence, he outlined the permissible range of sentences which could be imposed and also informed County Court that defendant could be sentenced to consecutive terms of imprisonment. The prosecutor then launched into a lengthy commentary on the four criteria which are normally considered by a court at the time of sentencing, i.e., rehabilitation, isolation of the defendant, deterrence and retribution. The prosecutor informed County Court that, in his view, defendant's potential for rehabilitation was poor and, accordingly, this criterion should not weigh heavily in the court's decision. In commenting upon isolation as a factor, the prosecutor stated: "For the good of society, for the protection of us all, [for the] protection of Kathy Raucci, I urge Your Honor to put heavy emphasize [sic] on isolation in the sentencing equation." As to deterrence, the prosecutor declared that "this crime is just about the most extreme known to our society * * * [T]his is conduct which we must deter at all costs, if we don't deter this conduct, then truely [sic] the jungle is upon us." And finally, in commenting upon retribution as a factor for the court's consideration, the prosecutor stated: "I would like Your Honor to consider * * * the young life snuffed out, the young tortured body, all those pellets of lead in it, the fact that [Kathy] Raucci for the rest of her life perhaps would have to carry the scars, the lead in her arm, the heartbreak of watching her child die * * * For Mark Ferrence's sake, [for] Kathy Raucci's sake and most of all for [the child's] sake, I would ask the Court to do justice and impose a sentence which speaks justice."
This diatribe by the prosecutor dramatizing the events of the incident was clearly calculated to persuade County Court to impose the maximum allowable term of imprisonment and, in our view, was the functional equivalent of a sentencing recommendation. Where, as here, a prosecution promise not to recommend a sentence forms part of the basis for a plea bargain, the breach of that promise entitles defendant to either withdraw his plea or to be resentenced (see, Santobello v New York, 404 U.S. 257, 262-263; see also, People v Selikoff, 35 N.Y.2d 227, 239, cert denied 419 U.S. 1122). We also note that further error was committed when defendant's estranged wife, who was present at the sentencing hearing, was allowed to make her own inflammatory oral presentation to the court (see, People v McCarthy, 136 Misc.2d 623; see also, People v Julia, 40 A.D.2d 560, 561, decision amended 43 A.D.2d 578, affd 36 N.Y.2d 814). Both of these errors were brought to County Court's attention by the objections of defense counsel. We need not decide whether these objections were sufficient to preserve these issues for appeal since the errors were serious and merit our review in the interest of justice. Accordingly, we find that defendant is entitled to be resentenced by a different Judge.
MAHONEY, P.J., WEISS, HARVEY and MERCURE, JJ., concur.
Judgment modified, as a matter of discretion in the interest of justice, by vacating the sentence; matter remitted to the County Court of Schenectady County for resentencing before a different Judge; and, as so modified, affirmed.
Patricia Raucci Ianniello's brother was Basil Raucci
Kickbacks, a corpse, a killing, and kinky sex Apr 2, 2000 Michael Hill The Associated Press
POUGHKEEPSIE, N.Y. - When the town assessor's body was fished from the Hudson River in fall 1997, it was only the beginning.
"The citizens don't know what to expect every time they pick up the newspaper," says John Mylod, a longtime citizen of Poughkeepsie. "As they say commonly these days, you can't make it up. It's really as bizarre as it can be."
Some of the recent news in this comfortable corner of the New York City commuter belt:
The town personnel director, a mother of two, is shot to death leaving church choir practice.
A political boss is convicted of running a shakedown scheme.
The town water supervisor fires a bullet into his head as police come to his door.
The aforesaid official is then accused of orchestrating and videotaping a l*****n tryst in a town pump station.
One of the women in the alleged taped tryst is the personnel chief, with whom the water boss admits having an affair. The other woman accuses him of paying for and taping the sex, and of coercing her to kill the personnel director.
The arena for this skulduggery is the Town of Poughkeepsie, which hugs the better-known Hudson River city of the same name.
Details of the federal probe into the town's web of scandal have been seeping out ever since assessor Basil Raucci disappeared Oct. 4, 1997.
When Raucci, 55, disappeared, the FBI showed interest, but wouldn't say why. Only later was it revealed that federal officials had been investigating the town government.
Prosecutors describe systematic extortion: A paving company would be told it could get contracts for a $5,000 payoff; a contractor would pay $15,000 to clear up bureaucratic problems with the town. And so on.
Money reportedly went to the town Republican Party and corrupt officials. Raucci, court documents allege, was the money collector. Agents were keeping tabs on him through a businessman informer.
Raucci disappeared the day after an FBI agent confronted him in a hotel. Divers scoured the river for days. A passer-by found the body. His death was ruled a suicide.
More whiffs of something rotten came in 1998, when two town officials were convicted on corruption-related charges. But the degree of Raucci's alleged involvement would come to light only last year, among even more jarring revelations.
Probe pointed to party boss
By 1997, William Paroli was the chairman for both Dutchess County and his town of 41,000 for the Republican Party, which traditionally dominated both.
Paroli, 72, was arrested May 26. He was accused of controlling the shakedown scheme, as well as having town employees work on his property.
Paroli professed his innocence and spurned a deal with the feds.
He quit as a GOP boss, but held on to his $58,000-a-year job as county elections commissioner despite requests from Gov. George Pataki and others to step aside. While fighting the feds on one front, he waged an unsuccessful battle to undo an election result that unseated his son as county clerk.
Meanwhile, on the day Paroli was arrested, Fred Andros, head of the town's water department, resigned.
The next day he pleaded guilty in federal court to conspiracy, admitting extorting bribes from contractors. Prosecutors say Andros, like Raucci, worked with Paroli. It seemed the water chief might be a crucial witness against the party boss.
But the story was about to get a lot more lurid. Enter Dawn Silvernail.
Silvernail, a friend of Andros, supervised a highway rest-stop cleaning crew. She and Andros were intimate for a time, according to court documents summarizing her statements to prosecutors.
Last year, Silvernail claimed, Andros coerced her into killing the town personnel director, Susan Fassett, because he feared Fassett was "going to blow his deal with the Feds" - an apparent reference to his single plea-bargain charge in the corruption probe.
Silvernail said she reluctantly agreed to kill Fassett.
On the night of Oct. 28, according to her statement, Silvernail parked next to Fassett's Jeep Cherokee at a Methodist church, reclined her passenger seat, loaded her .45-caliber pistol and lay back to wait for Fassett to leave choir practice.
Fassett got into her car. Silvernail sat up and emptied her gun into Fassett's window, killing her, then slid over to the driver's seat and sped away, according to the police account of her confession.
Pump-station porno show
Court documents show Andros claimed he had nothing to do with Fassett's murder.
Silvernail also claimed the water chief paid her $350 to have l*****n sex with Fassett at a town pumping station last year, and that he videotaped the sex and joined in himself. There were several other encounters for pay, according to Silvernail's account in court papers.
Silvernail confessed and pleaded innocent to second-degree murder. Silvernail's lawyer, D. James O'Neil, has since said that her statement to police was "involuntary."
Andros denied to his interrogators that he had sex with Silvernail, but admitted to an affair with Fassett. He said Fassett had a l*****n relationship with Silvernail but didn't corroborate Silvernail's tale of a tape.
Police came to search Andros' house Dec. 29. As they entered, they heard a gunshot. Andros, who was upstairs, had fired a gun into his chin.
The bullet did not kill him. Andros was indicted on second-degree murder as he lay in an intensive-care unit.
Probe goes on
As Andros was led, shackled, into county court on Feb. 17, the Town of Poughkeepsie struggled to make sense of it all: Raucci, the assessor, drowned; Paroli, the political boss, indicted; Fassett, the personnel director, shot to death; now Andros, a civil servant who had worked for the town for decades, facing a murder charge.
Not to mention five people, including Andros, convicted in the federal corruption probe.
Paroli has not been linked to Fassett's murder. But in federal court in White Plains a day after Andros entered his plea, he sounded nothing like his old, defiant self.
Speaking softly, Paroli told a judge he did indeed conspire to shake down contractors.
In a plea bargain, Paroli pleaded guilty to a count of conspiracy to commit extortion. The deal includes a fine of $4,000 to $40,000; community service; up to $20,000 in restitution to the town and his resignation as county elections commissioner.
After Paroli's plea, U.S. Attorney Mary Jo White said the federal probe is continuing. The murder case remains unresolved, a grand jury is looking at the evidence, and the Town of Poughkeepsie is staying tuned.
Key figures in the sex and corruption scandals that have engulfed the Town of Pougkeepsie:
Fred Andros, 60: Head of the town water department who pleaded guilty in federal corruption probe. Accused of second-degree murder in death of Susan Fassett.
Susan Fassett, 48: Town personnel director shot to death as she left church choir practice.
William Paroli, 71: Local Republican boss accused of running an extortion scheme targeting developers.
Basil Raucci, 55: Town assessor, body found floating in the Hudson River; later implicated in extortion scheme.
Dawn Silvernail, 50: Highway rest-stop worker charged with second-degree murder in death of Fassett.
Steve Raucci is Patricia Raucci Ianniello's brother. Raucci given 23 years to life (with photo gallery, video) Steven Raucci’s victims told Tuesday of how Raucci’s crimes had affected them, the sleepless nights, By Steven Cook | June 9, 2010 Steven Raucci listens during his sentencing in Schenectady County Court on June 9, 2010.
Patricia Lanniello Reviews
Where do I start? My hometown is Saratoga Springs New York. I am a retired attorney that went down south 20 years ago thinking I needed a change. But New York called me back. There was a point in time while practicing law in New York when I was fascinated with attorney Anthony Ianniello's ability to stay out of jail given the rumors that surfaced regarding his M.O. in the title business. As I'm back in Saratoga Springs catching up on what I've missed over the past 20 years I see Mr. Ianniello remarkable dodged another bullet. But, I think the answer to my question has been clearly answered. The following was cut and paste from this site.
A scheme that stretched across the globe Fraud cases raise questions about the work of attorneys whose clients later faced criminal charges The Albany Times Union by BRENDAN J. LYONS - October 26, 2008 SARATOGA SPRINGS, NY — The money was supposed to come from overseas: a $100 million deal to finance a ski resort in Utah.
The wealthy investor on the other end of the telephone line listened closely to three men from Saratoga County, including an attorney, who cast themselves as international financiers with access to billions. The investor, Brent Ferrin, who lives in Park City, Utah, was skeptical. The men making the pitch were speaking in garbled sentences about Latvian banks, Patriot Act restrictions and shadowy European bank executives who, it would turn out, actually lived in Las Vegas. But Ferrin played along.
He questioned why the paper work for a major international loan was being handled by a ''personal injury lawyer'' from Saratoga Springs. The attorney, John M. Hogan Jr., jumped in to defend himself. ''Let me tell you why,'' Hogan said. ''Because I, I am tenacious. I don't let go of things when I get my hands onto them.
I was for, did they say I was an accountant before I was a lawyer? ... And did they tell you that ah, I don't like to lose and that I'm a bulldog? That's what people call me.'' Unbeknownst to Hogan and his partners in the deal, Ferrin was recording every word for the FBI. It wasn't the first time Hogan, 73, a member of a longtime Saratoga Springs law firm, played a role, knowingly or not, in a questionable loan deal, court records show.
But like several upstate New York attorneys who figured in recent federal investigations of real estate and mortgage fraud, Hogan was not charged. Indeed, a months-long Times Union examination has uncovered instances in which federal authorities investigated the roles of lawyers and other licensed professionals embroiled in schemes involving mortgage or bank fraud, without bringing charges. It comes as other lawyers and their clients, who have been prosecuted in upstate federal courts, are accusing the Justice Department of being selective in its prosecutions and of failing to pursue potential conspirators due to a mix of whimsical decision-making and limited law enforcement resources. As the U.S. economy is reeling in the wake of years of sloppy mortgage lending, the government's decision to limit its prosecutions has exposed a gap in law enforcement priorities.
It also highlights a shift in focus by the FBI and Justice Department toward combating terrorism and child pornography. In June, that issue bubbled up in a federal courtroom in Albany as U.S. District Judge Gary L. Sharpe sentenced two men, Thomas Disonell and Matthew Kupic, to prison for a series of mortgage fraud crimes that could have put them behind bars for much longer than the 24 months they received. Sharpe reacted strongly as the government sought to credit the men for cooperation that was never used to prosecute anyone else.
''This case caused me to crack an eyebrow,'' Sharpe declared on the bench that day. ''How can they do what they did without the complicity of the lawyers that are involved in the closing? ... I'm not oblivious to the fact that the criminal cases filed with the FBI as the investigating agency is almost nil compared to what they were before 9/11. I know where their resources are. And I'm not attacking that one iota. ... But I happen to know that the amount of time and energy invested in white-collar fraud in criminal investigations is not what it was prior to 9/11.'' Andrew T. Baxter, acting U.S. attorney for New York's Northern District, while declining to comment on any specific case, said it is not a matter of being selective.
He said that ''attorney-client privilege can make it more difficult to gather evidence.'' ''In investigating a fraudulent scheme, a key issue as to every subject is the strength of the evidence of the knowledge of the fraudulent nature of relevant transactions and the criminal intent of those involved,'' Baxter said. ''The fact that a subject of an investigation is a lawyer or licensed professional may affect our ability to prove knowledge and intent.'' Still, the Saratoga County case and others like it have exposed a trend in which people accused of federal fraud-related charges turned to attorneys and other professionals who, unwittingly or not, allegedly helped them complete their crimes.
In 2005, a year after Ferrin recorded his telephone conversation with Hogan, two other men on the conference call that day, Philip Rechnitzer of Clifton Park and Ronald Persaud of Saratoga Springs, were indicted by a federal grand jury in Albany. The indictment accused them of bilking Ferrin and other investors of more than $1.6 million. Persaud's wife, Indranie, his ex-wife, Esther, and their son, Shawn, a student at Albany Law School, also were indicted. The charges allege numerous investors lost money while seeking financing for high-end development projects like theme parks, Caribbean resorts and even a Lake George hotel.
The investors have testified in federal court they believed they were dealing with high-powered financiers who had access to billions of dollars in overseas funding, and not a husband-and-wife team from upstate New York who were having financial troubles. In 2004, at a time when Esther Persaud was claiming to be the managing director of at least three overseas banks, she listed her job as an office manager and stated she had $50 cash on hand when she filed for bankruptcy in Albany. Ronald Persaud, whom prosecutors have cast as the ringleader, also filed for bankruptcy that year, claiming assets of under $11,000.
It took place at a time when federal prosecutors say he was fabricating official-looking European bank notes purported to be worth billions of dollars and using those, often with local lawyers at his side, to convince investors to give him money to secure multimillion-dollar loans. Defense attorneys in the case say lawyers were integral in the deals. As the ongoing trial of Ronald and Esther Persaud opened two weeks ago, their criminal attorneys cast blame on at least five business attorneys, including Hogan.
Their pitch to the jury in Albany is that lawyers approved documents and wire transfers, and handed over the fraudulent bank notes to investors. The only attorney charged in connection with the scheme was William Tessitore, who lost his law license and pleaded guilty to bank fraud Aug. 11, admitting he looted $624,000 from his escrow accounts. Prosecutors agree that the presence of attorneys is exactly why many victims fell for the scheme, but they have been silent on whether any of the other attorneys violated any laws. In their trial briefs and other court filings in the Persaud case, they make clear that ''the subject fraud was advanced through the assistance of attorneys'' and ''attorney accounts were used to receive alleged wire fraud proceeds.''
According to court records in the case, and the testimony of witnesses at Persaud's trial, Hogan played a key role. He served as a point of contact for duped investors and attended at least one purported ''closing'' for a loan in Zurich, Switzerland, that never took place. Also, Hogan's law firm helped Ronald and Esther Persaud file for bankruptcy in 2004. Early that year, Ronald Persaud listed assets of less than $11,000 and his job as a ''mortgage consultant'' while months later he was posing as an overseas banker during conversations with Hogan and investors.
The bankruptcy documents make no mention of Persaud's purported work as an international financier. ''Hogan, by virtue of his law license and his status as a member in good standing of the bar, gave the outward appearance of legitimacy to the fraud conspiracy,'' according to a government memorandum filed in Persaud's case. Still, court records and an FBI document shared with the Times Union show Hogan wasn't the only attorney who aided — if unwittingly — in the alleged crimes of Rechnitzer and Persaud.
Anthony Ianniello, a well-known real estate lawyer in Clifton Park, handled the closing on a mortgage in which Persaud's wife, Indranie, a $40,000-a-year postal worker, sharply inflated her income on loan documents so her husband could secretly obtain an $890,000 home in Saratoga Springs. Ianniello also set up a partnership through which Persaud purchased a $135,000 Porsche coupe a year after filing for bankruptcy, and with the proceeds of his alleged crimes, according to the indictment.
There is no indication that Ianniello knew Indranie Persaud was committing mortgage fraud. Ianniello declined to comment. But the Porsche deal raised suspicions of authorities. A state motor vehicle investigator who examined the Porsche transaction, and Ianniello's files, concluded in a government report that ''the unsatisfactory and illogical explanations provided by the attorney, lead him to the conclusion that the Porsche transaction was 'classic money laundering to hide an asset,' '' according to a memo filed in court by the U.S. Attorney's Office.
Ianniello was never charged. Last year, Ianniello was called in for an interview with the FBI and federal prosecutors. He appeared alone. An FBI report detailing Ianniello's responses to questions indicates he gave carefully worded answers about his dealings with the Persauds, for whom he had handled dozens of real estate transactions.
The FBI report indicates Ianniello said he was unaware Ronald Persaud and his wife had laundered money through Ianniello's private attorney escrow accounts. ''He also did not know why money would be transferred from Latvia,'' the FBI report states. ''Ianiello advised that he never dreamed there was a Latvian bank involved. ... He did not recall his staff telling him about these transfers. ... He stated that he was busy and preoccupied.''
Both Ianniello and Hogan are listed as witnesses by the government in the ongoing trial of Ronald, Esther and Shawn Persaud in U.S. District Court in Albany. It's unclear whether they will testify. During a conference in court Thursday, U.S. District Judge Thomas J. McAvoy asked prosecutors whether Hogan would be able to testify this week. The judge told the attorneys that based on what has transpired in the courtroom, including new information that Hogan was allegedly a member of the board of directors of at least one of the shell banks controlled by the Persauds in Scandinavia, that Hogan could put himself in legal jeopardy by testifying.
''He's in danger,'' McAvoy told the attorneys, referring to Hogan. Assistant U.S. Attorney Thomas A. Capezza responded that the government had not offered Hogan an immunity deal. ''We will have backup witnesses in the event something happens with John Hogan,'' Capezza told the judge. Brendan J. Lyons can be reached at 454-5547 or by e-mail at [email protected]. *********** OBITUARY William F. "Buster" Tessitore - William F. 'Buster' Tessitore, 61, entered into the arms of the Lord on Thursday, September 17, 2009. Bill was born in Schenectady on October 21, , the son of Natalie Battaglia Tessitore and the late Joseph W. Tessitore.
He was active in his community, volunteering each Thanksgiving serving dinner to those in need. He participated in countless other charitable activities where he aided and assisted many individuals and their families. Bill was caring and devoted to his family and friends. He was of the Roman Catholic faith and lived a full Christian life. He was predeceased by his father, Joseph W. Tessitore; and his loving daughter, Dana Tessitore in 1975. He is survived by his beloved wife, Janet Krystofik Tessitore.
William was the devoted father of his son, Joseph W. Tessitore and his wife, Rebecca; and his daughter, Lea Tessitore. Loving son of Natalie Tessitore; devoted brother of Anita Tessitore, Christine Riccio, Frank W. Tessitore and Joseph P. Tessitore; adoring grandfather of John Vincent Tessitore and Nicolina Tessitore; also survived by many nieces, nephews, cousins and dear friends. A Mass of Christian Burial will be celebrated on Monday at 10:30 a.m. at St. John the Evangelist Church, Union Street, relatives and friends are invited to attend. Interment will follow in St. John the Baptist Cemetery, Brandywine Avenue. In lieu of flowers, the family would appreciate memorial contributions be made in William's memory to the Cystic Fibrosis Foundation, 423A New Karner Road, Albany, NY 12205.
He's been a informant for decades
AUTHOR: Fred - (United States)
SUBMITTED: Monday, June 28, 2021
I am well known in the Capital Regions legal circles. I've been assured that Ianniello has been a goverment informant for decades. In this case the only legal expanation way he could have escaped prosecution was that he cooperated with the goverment to to the higest extent.
"The Porsche deal raised suspicions of authorities. A state motor vehicle investigator who examined the Porsche transaction, and Ianniello's files, concluded in a government report that ''the unsatisfactory and illogical explanations provided by the attorney, lead him to the conclusion that the Porsche transaction was 'classic money laundering to hide an asset,' '' according to a memo filed in court by the U.S. Attorney's Office.
Ianniello was never charged. Last year, Ianniello was called in for an interview with the FBI and federal prosecutors. He appeared alone. An FBI report detailing Ianniello's responses to questions indicates he gave carefully worded answers about his dealings with the Persauds, for whom he had handled dozens of real estate transactions.
The FBI report indicates Ianniello said he was unaware Ronald Persaud and his wife had laundered money through Ianniello's private attorney escrow accounts. ''He also did not know why money would be transferred from Latvia,'' the FBI report states. ''Ianiello advised that he never dreamed there was a Latvian bank involved. ... He did not recall his staff telling him about these transfers. ... He stated that he was busy and preoccupied.''
Both Ianniello and Hogan are listed as witnesses by the government in the ongoing trial of Ronald, Esther and Shawn Persaud in U.S. District Court in Albany. It's unclear whether they will testify. During a conference in court Thursday, U.S. District Judge Thomas J. McAvoy asked prosecutors whether Hogan would be able to testify this week. The judge told the attorneys that based on what has transpired in the courtroom, including new information that Hogan was allegedly a member of the board of directors of at least one of the shell banks controlled by the Persauds in Scandinavia, that Hogan could put himself in legal jeopardy by testifying."
It should be noted the Ianniello is a partner in the New Country Auto group. The Porche cam from a New County dealership.
It sould be noted that generally an attorney can not be forced to testify against his client. But one exception is if the attorney was knowingly involed.
But in any case I found some other interesting tidbits of info I'd like to share with those who find this character interesting.
Anthony Ianniello's wife is Patricia Raucci Ianniello. Her father was Joseph Raucci People v. Raucci Opinion
March 10, 1988
Appeal from the Schenectady County Court, Clifford T. Harrigan, J.
Englert, Stillman McHugh (Dennis M. Englert of counsel), for appellant. John B. Poersch, District Attorney (Michael T. McGarry of counsel), for respondent.
LEVINE, J.
Defendant Basil Raucci entered a plea of guilty to the crimes of manslaughter in the first degree and two counts of attempted murder in the second degree in satisfaction of an 11-count indictment. He was thereafter sentenced to three terms of 8 1/3 to 25 years' imprisonment; two of which would run concurrently and the third to be served consecutively to the other two. The charges arose out of an incident in which defendant allegedly fired two shots from a shotgun, one into the vehicle in which his estranged wife, Kathy Raucci, and their seven-year-old child were seated, and one at Mark Ferrence, the wife's boyfriend, as he was entering the vehicle. In addition to wounding his wife and Ferrence, the intended victims, one of the shots also struck and killed his son.
As the only condition of the plea bargain, the prosecutor agreed not to make a recommendation at sentencing. A different prosecutor was present at sentencing and, after acknowledging his obligation not to recommend a specific sentence, he outlined the permissible range of sentences which could be imposed and also informed County Court that defendant could be sentenced to consecutive terms of imprisonment. The prosecutor then launched into a lengthy commentary on the four criteria which are normally considered by a court at the time of sentencing, i.e., rehabilitation, isolation of the defendant, deterrence and retribution. The prosecutor informed County Court that, in his view, defendant's potential for rehabilitation was poor and, accordingly, this criterion should not weigh heavily in the court's decision. In commenting upon isolation as a factor, the prosecutor stated: "For the good of society, for the protection of us all, [for the] protection of Kathy Raucci, I urge Your Honor to put heavy emphasize [sic] on isolation in the sentencing equation." As to deterrence, the prosecutor declared that "this crime is just about the most extreme known to our society * * * [T]his is conduct which we must deter at all costs, if we don't deter this conduct, then truely [sic] the jungle is upon us." And finally, in commenting upon retribution as a factor for the court's consideration, the prosecutor stated: "I would like Your Honor to consider * * * the young life snuffed out, the young tortured body, all those pellets of lead in it, the fact that [Kathy] Raucci for the rest of her life perhaps would have to carry the scars, the lead in her arm, the heartbreak of watching her child die * * * For Mark Ferrence's sake, [for] Kathy Raucci's sake and most of all for [the child's] sake, I would ask the Court to do justice and impose a sentence which speaks justice."
This diatribe by the prosecutor dramatizing the events of the incident was clearly calculated to persuade County Court to impose the maximum allowable term of imprisonment and, in our view, was the functional equivalent of a sentencing recommendation. Where, as here, a prosecution promise not to recommend a sentence forms part of the basis for a plea bargain, the breach of that promise entitles defendant to either withdraw his plea or to be resentenced (see, Santobello v New York, 404 U.S. 257, 262-263; see also, People v Selikoff, 35 N.Y.2d 227, 239, cert denied 419 U.S. 1122). We also note that further error was committed when defendant's estranged wife, who was present at the sentencing hearing, was allowed to make her own inflammatory oral presentation to the court (see, People v McCarthy, 136 Misc.2d 623; see also, People v Julia, 40 A.D.2d 560, 561, decision amended 43 A.D.2d 578, affd 36 N.Y.2d 814). Both of these errors were brought to County Court's attention by the objections of defense counsel. We need not decide whether these objections were sufficient to preserve these issues for appeal since the errors were serious and merit our review in the interest of justice. Accordingly, we find that defendant is entitled to be resentenced by a different Judge.
MAHONEY, P.J., WEISS, HARVEY and MERCURE, JJ., concur.
Judgment modified, as a matter of discretion in the interest of justice, by vacating the sentence; matter remitted to the County Court of Schenectady County for resentencing before a different Judge; and, as so modified, affirmed.
Patricia Raucci Ianniello's brother was Basil Raucci
Kickbacks, a corpse, a killing, and kinky sex Apr 2, 2000 Michael Hill The Associated Press
POUGHKEEPSIE, N.Y. - When the town assessor's body was fished from the Hudson River in fall 1997, it was only the beginning.
"The citizens don't know what to expect every time they pick up the newspaper," says John Mylod, a longtime citizen of Poughkeepsie. "As they say commonly these days, you can't make it up. It's really as bizarre as it can be."
Some of the recent news in this comfortable corner of the New York City commuter belt:
The town personnel director, a mother of two, is shot to death leaving church choir practice.
A political boss is convicted of running a shakedown scheme.
The town water supervisor fires a bullet into his head as police come to his door.
The aforesaid official is then accused of orchestrating and videotaping a l*****n tryst in a town pump station.
One of the women in the alleged taped tryst is the personnel chief, with whom the water boss admits having an affair. The other woman accuses him of paying for and taping the sex, and of coercing her to kill the personnel director.
The arena for this skulduggery is the Town of Poughkeepsie, which hugs the better-known Hudson River city of the same name.
Details of the federal probe into the town's web of scandal have been seeping out ever since assessor Basil Raucci disappeared Oct. 4, 1997.
When Raucci, 55, disappeared, the FBI showed interest, but wouldn't say why. Only later was it revealed that federal officials had been investigating the town government.
Prosecutors describe systematic extortion: A paving company would be told it could get contracts for a $5,000 payoff; a contractor would pay $15,000 to clear up bureaucratic problems with the town. And so on.
Money reportedly went to the town Republican Party and corrupt officials. Raucci, court documents allege, was the money collector. Agents were keeping tabs on him through a businessman informer.
Raucci disappeared the day after an FBI agent confronted him in a hotel. Divers scoured the river for days. A passer-by found the body. His death was ruled a suicide.
More whiffs of something rotten came in 1998, when two town officials were convicted on corruption-related charges. But the degree of Raucci's alleged involvement would come to light only last year, among even more jarring revelations.
Probe pointed to party boss
By 1997, William Paroli was the chairman for both Dutchess County and his town of 41,000 for the Republican Party, which traditionally dominated both.
Paroli, 72, was arrested May 26. He was accused of controlling the shakedown scheme, as well as having town employees work on his property.
Paroli professed his innocence and spurned a deal with the feds.
He quit as a GOP boss, but held on to his $58,000-a-year job as county elections commissioner despite requests from Gov. George Pataki and others to step aside. While fighting the feds on one front, he waged an unsuccessful battle to undo an election result that unseated his son as county clerk.
Meanwhile, on the day Paroli was arrested, Fred Andros, head of the town's water department, resigned.
The next day he pleaded guilty in federal court to conspiracy, admitting extorting bribes from contractors. Prosecutors say Andros, like Raucci, worked with Paroli. It seemed the water chief might be a crucial witness against the party boss.
But the story was about to get a lot more lurid. Enter Dawn Silvernail.
Silvernail, a friend of Andros, supervised a highway rest-stop cleaning crew. She and Andros were intimate for a time, according to court documents summarizing her statements to prosecutors.
Last year, Silvernail claimed, Andros coerced her into killing the town personnel director, Susan Fassett, because he feared Fassett was "going to blow his deal with the Feds" - an apparent reference to his single plea-bargain charge in the corruption probe.
Silvernail said she reluctantly agreed to kill Fassett.
On the night of Oct. 28, according to her statement, Silvernail parked next to Fassett's Jeep Cherokee at a Methodist church, reclined her passenger seat, loaded her .45-caliber pistol and lay back to wait for Fassett to leave choir practice.
Fassett got into her car. Silvernail sat up and emptied her gun into Fassett's window, killing her, then slid over to the driver's seat and sped away, according to the police account of her confession.
Pump-station porno show
Court documents show Andros claimed he had nothing to do with Fassett's murder.
Silvernail also claimed the water chief paid her $350 to have l*****n sex with Fassett at a town pumping station last year, and that he videotaped the sex and joined in himself. There were several other encounters for pay, according to Silvernail's account in court papers.
Silvernail confessed and pleaded innocent to second-degree murder. Silvernail's lawyer, D. James O'Neil, has since said that her statement to police was "involuntary."
Andros denied to his interrogators that he had sex with Silvernail, but admitted to an affair with Fassett. He said Fassett had a l*****n relationship with Silvernail but didn't corroborate Silvernail's tale of a tape.
Police came to search Andros' house Dec. 29. As they entered, they heard a gunshot. Andros, who was upstairs, had fired a gun into his chin.
The bullet did not kill him. Andros was indicted on second-degree murder as he lay in an intensive-care unit.
Probe goes on
As Andros was led, shackled, into county court on Feb. 17, the Town of Poughkeepsie struggled to make sense of it all: Raucci, the assessor, drowned; Paroli, the political boss, indicted; Fassett, the personnel director, shot to death; now Andros, a civil servant who had worked for the town for decades, facing a murder charge.
Not to mention five people, including Andros, convicted in the federal corruption probe.
Paroli has not been linked to Fassett's murder. But in federal court in White Plains a day after Andros entered his plea, he sounded nothing like his old, defiant self.
Speaking softly, Paroli told a judge he did indeed conspire to shake down contractors.
In a plea bargain, Paroli pleaded guilty to a count of conspiracy to commit extortion. The deal includes a fine of $4,000 to $40,000; community service; up to $20,000 in restitution to the town and his resignation as county elections commissioner.
After Paroli's plea, U.S. Attorney Mary Jo White said the federal probe is continuing. The murder case remains unresolved, a grand jury is looking at the evidence, and the Town of Poughkeepsie is staying tuned.
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Who's who in town's scandals
Key figures in the sex and corruption scandals that have engulfed the Town of Pougkeepsie:
Fred Andros, 60: Head of the town water department who pleaded guilty in federal corruption probe. Accused of second-degree murder in death of Susan Fassett.
Susan Fassett, 48: Town personnel director shot to death as she left church choir practice.
William Paroli, 71: Local Republican boss accused of running an extortion scheme targeting developers.
Basil Raucci, 55: Town assessor, body found floating in the Hudson River; later implicated in extortion scheme.
Dawn Silvernail, 50: Highway rest-stop worker charged with second-degree murder in death of Fassett.
Steve Raucci is Patricia Raucci Ianniello's brother. Raucci given 23 years to life (with photo gallery, video) Steven Raucci’s victims told Tuesday of how Raucci’s crimes had affected them, the sleepless nights, By Steven Cook | June 9, 2010 Steven Raucci listens during his sentencing in Schenectady County Court on June 9, 2010.