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November 25, 2008

Judge gives D’Elia 9 years

Sentence could be reduced if he assists with prosecution of casino owner Louis DeNaples.

SCRANTON – Reputed Mafia boss William “Billy” D’Elia was sentenced Monday to nine years in federal prison, but he could reduce that sentence further if he provides “substantial” assistance in the prosecution of Mount Airy Casino owner Louis DeNaples, a prosecutor said.

Assistant U.S. Attorney Gordon Zubrod said the amount of time D’Elia might shave off his sentence is dependent upon how helpful he is in aiding Dauphin County prosecutors in the pending perjury cases against DeNaples and his longtime spiritual adviser, the Rev. Joseph Sica.

The offer is in addition to already significant concessions the U.S. Attorney’s Office has made for D’Elia, who initially faced 18 charges related to an elaborate money laundering scheme and an attempt to have a witness in that case killed.

In March prosecutors agreed to drop 16 of those charges and allow D’Elia to plead guilty to conspiracy to commit money laundering and attempted witness tampering. The deal was based on his help in building the case against DeNaples and Sica, Zubrod and D’Elia’s attorney, James Swetz, have confirmed.

DeNaples, of Dunmore, is accused of lying to state gaming officials about his relationship with D’Elia, 62, of Hughestown, long alleged to be the head of the Pittston-based crime family once ruled by the late Russell Bufalino. Sica, a Catholic priest, is accused of lying to a grand jury about his relationship with Bufalino. The cases are pending in Dauphin County court.

Attorneys for DeNaples attended D’Elia’s sentencing to “keep abreast of the latest developments” in the government’s case against DeNaples, said Kevin Feeley, DeNaples’ spokesman.

DeNaples adamantly denies the charges against him. Feeley lambasted prosecutors for making a deal with D’Elia.

“He got a significant reduction in his sentence with a promise of a potential for more, dependent upon what he is willing to say in a courtroom,” Feeley said. “I think the evidence clearly suggests he is willing to say anything.”

Standing before U.S. District Judge Thomas I. Vanaskie, the gravel-voiced D’Elia apologized for his crimes.

“I’m truly sorry for my actions that may have harmed people,” he said. “I hope I will soon be able to resume my life with my family in a positive, honorable and productive way.”

D’Elia had sought a sentence of seven years, but Vanaskie rejected that request. The judge instead sentenced him at the low end of sentencing guidelines, which called for a sentence anywhere from nine to 15 years in prison. With credit for time served, D’Elia will serve no more than seven years.

Vanaskie said he considered many factors in fashioning the sentence, including D’Elia’s poor health and the support he has from his family and the community.

About a dozen people, including D’Elia’s wife, Ellen, and two daughters, Miriam D’Elia and Carolyn Moscatelli, filled the courtroom in his support. Some wiped tears from their eyes as they awaited D’Elia’s appearance before the judge.

“I do want to let you know my husband is a good person, a good father and good grandfather,” Ellen D’Elia told Vanaskie.

Moscatelli and Miriam D’Elia described their father as loving and caring person.

“Everyone of us grew up felling loved and special,” Moscatelli said. “The last years have shattered our family.”

But Zubrod painted a different portrait of D’Elia – that of a criminal who would stop at nothing, including murder – to continue his criminal activity.

A grand jury first indicted D’Elia and several co-defendants, Louis Pagnotti, Richard Smallcombe and Frank Pavlico III, in May 2006 on charges they helped convicted drug dealer John Doncses launder hundreds of thousands of dollars in drug proceeds to make it seem as though the money was legitimately earned.

A second indictment issued in October 2006 alleged D’Elia, who was free on bail in the first case, continued to launder money and that he ordered the murder of Pavlico after learning he was cooperating with authorities.

“This was a cold-blooded attempt to obstruct the investigation by murdering a witness,” Zubrod told Vanaskie.

Vanaskie said he found D’Elia’s actions while out on bail particularly troubling. The judge said he has “no confidence” that any sentence he imposed would stop D’Elia’s criminal conduct.

“I have a defendant in this case who, after being placed on pre-trial release, continued to commit crimes,” Vanaskie said. “You can’t be laundering money while you are on pre-trial release. That’s a very serious matter.”

D’Elia’s sentencing brings to a close an extensive investigation that involved numerous police agencies, including the Pennsylvania State Police, FBI, IRS and Immigration and Customs Enforcement.

U.S. Attorney Martin C. Carlson lauded the agencies for their effort in bringing D’Elia and his co-defendants to justice.

“Today’s sentencing sends a powerful message about the commitment of law enforcement to break the grip of organized criminal money laundering in northeastern Pennsylvania and to ensure that the people of central Pennsylvania can live free of the influence of organized crime,” Carlson said in a prepared statement.







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