May 16, 2014

Genovese Crime Family Associate Sentenced in Manhattan Federal Court for Role in Commercial Carting Scheme

Preet Bharara, the United States Attorney for the Southern District of New York, announced that Carmine Franco was sentenced yesterday in Manhattan federal court in connection with his role in a scheme to exert control over the commercial waste-hauling industry in the greater New York City metropolitan area and in parts of New Jersey. Franco previously pled guilty in November 2013 to participation in a racketeering conspiracy, conspiracy to commit mail and wire fraud, and conspiracy to transport stolen cardboard across state lines. Franco was sentenced to one year and one day in prison by U.S. District Judge P. Kevin Castel.

According to the indictment, other documents filed in Manhattan federal court, and statements made at various proceedings in this case, including today’s sentencing:

Franco, who is an associate of the Genovese crime family, participated in a criminal enterprise, along with other members and associates of three different organized crime families of La Cosa Nostra (LCN)—the Genovese, Gambino, and Luchese crime families—to control various waste disposal businesses in the New York City metropolitan area and multiple counties in New Jersey. Members of the enterprise engaged in various crimes in furtherance of the enterprise’s aims, including extortion, loansharking, mail and wire fraud, and stolen property offenses. As part of his guilty plea, Franco, who had been barred by the state of New Jersey from participating in the waste hauling industry, acknowledged his membership in the criminal enterprise and his agreement with others to undertake at least two racketeering acts in furtherance of the enterprise. Specifically, Franco acknowledged that he committed mail and wire fraud by overbilling customers of a waste transfer station that he controlled in West Nyack, New York. He also acknowledged that he and his associates transported large volumes of stolen cardboard across state lines.

In addition to the prison term, Franco, 78, of Ramsey, New Jersey, was also sentenced to two years of supervised release and ordered to pay a $5,000 fine and restitution in the amount of $5,600 and to forfeit $2.5 million to the United States.

Franco was charged as part of a large investigation led by the United States Attorney’s Office for the Southern District of New York, the Federal Bureau of Investigation (FBI), and the Westchester County Police Department. To date, 32 defendants have been charged with participating in the scheme to exert control over the commercial waste-hauling industry. Twenty-one of these defendants have been convicted for their roles in this scheme.

Mr. Bharara praised the investigative work of the FBI and the Westchester County Police Department.

The prosecution of this case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Brian R. Blais and Patrick Egan are in charge of the prosecution. Assistant United States Attorney Micah Smith of the Office’s Money Laundering and Asset Forfeiture Unit is responsible for the forfeiture aspects of the case.