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For a man whose motto was, "Three can keep a secret if two
are dead," it was a mortifying blow. In its year long,
extraordinarily successful BRILAB undercover operation against him,
the FBI had amassed fourteen hundred reels of recorded tape --
thirty-five thousand feet in all. It was a formidable weapon that
would be used by the prosecution with devastating effect. The counts
against Carlos and his co-conspirators were: racketeering,
conspiracy, mail and wire fraud and interstate travel to engage in
racketeering. The main witnesses for the government were convicted
swindler turned government witness Larry Hauser and the two FBI
agents, Larry Montague and Michael Wacks.
It took three weeks to select a jury that was acceptable to both
the defence and the prosecution. The case eventually went to trial
late in March and lasted eighteen weeks.
Over and over again, the jury listened to recorded conversations
of Carlos, either talking to wired witnesses or held in the confines
of his office at the Town and Country Motel. They heard the speech
of a man presented by the authorities as a controller of labour
unions, the manipulator of the political machinery of an entire
state of the union, a man with links to the government of the
country, and a man possibly connected to what had become known as
the crime of the century.
What they listened to was fractured, uneducated, disjointed
ramblings, often laced with racist comments and derogatory venom,
aimed at mayors, state heads, politicians and union leaders,
"It's taken time to get where I’m at. To know all these
people -- governors, business, the attorney general, they know
me."
"Governor John McKeithen…that sonofabitch got $168,000 my
money….an then he too scared to talk to me."
"That Mayor Morial…want money as bad as you need it…bad
as everybody wants it. Ya unnerstand. He’ll take it from the right
people."
This was the speech of a man who for eight months had
orchestrated a skilful, well-contrived and elaborate scheme to
siphon off Louisiana state insurance contracts through the use of
kickbacks and bribery. A scheme, that had it succeeded, would have
netted him at least $1 million every month. There is little doubt
that had Carlos himself set this scheme up, rather than it being an
FBI sting, he would have probably achieved all of his objectives.
One of his greatest strengths had always been his ability to deceive
his enemies into believing that he wasn’t smart enough to plan and
orchestrate elaborate criminal conspiracies.
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Marcello with a team of attorneys
outside court (CORBIS) |
By August 4, 1981, it was all over. Shortly after 4pm that
afternoon, the jury returned its verdict. Carlos Marcello was found
guilty on the charge of violating the RICO Statute, which carried a
penalty of up to twelve years imprisonment. The next day, he was
indicted by a Los Angeles grand jury for conspiring to bribe a
federal judge. Bad was turning to worse very quickly.
The trial and conviction of Carlos sent shock waves through the
American Mafia. Other people had been mentioned in the trial
tapes -- Aiuppa, boss of Chicago; Santo Trafficante Jr., head of the
Tampa mob; and Joe Civello, the man who ran Dallas for the Marcello
family. Only a little over 10% of the recorded conversations had
been presented in evidence. What was on the rest of the tapes? Would
Carlos cut a deal with the government to ameliorate his sentence?
The FBI heard of rumours going through the New Orleans underworld
that a mob contract was out on him, and advised Carlos accordingly.
On November 30, 1981, he went on trial in Los Angeles, and eleven
days later, the jury found him guilty on all three counts as
charged. On January 25, 1982, back in a federal courthouse in
New Orleans, Carlos was sentenced in the BRILAB case. Judge Morey
Secon handed down a sentence of seven years in prison and a fine of
$25,000. Out on bail, Carlos had to wait until April, 1982, to find
out what his fate would be in Los Angeles. For a 72-year-old man who
had spent his life controlling events, it must have been an
interminable delay.
In Los Angeles, Carlos was sentenced to ten years in prison. At
the hearing, Judge Edward Devitt said to Carlos, "You’ve led
a life of crime…by any evaluation it’s fair to say you’re a
very bad man."
On April 15, 1983, after all his appeals had failed, Carlos was
remanded to the United States Medical Centre at Springfield,
Missouri to begin his BRILAB sentence. Two months later, he learned
his appeals against the Los Angeles conviction had also been denied.
He now faced the prospect of seventeen years in prison.
He was incarcerated at Springfield for almost a year, and then in
April 1984, he was transferred to another federal institution at
Texarkana, near the Texas-Arkansas state line. This would be his
home for the next two years. On February 19, 1986, he was moved once
again, this time to a near-minimum security facility at Seagoville
in Texas. This was a prison for basically white-collar criminals --
lawyers, doctors, accountants-men who had committed crimes of
embezzlement and tax fraud, rather than hard core acts of criminal
violence. Carlos was here for only a short time and was then shifted
again on June 2, 1986, to a level-one category federal correction
facility at Fort Worth. The Justice Department have never disclosed
why Carlos was moved around so much in three years. It may be that
the last two moves into softer, more accommodating institutions were
the result of some old favours being paid back from people at high
levels in either municipal, state or even federal government. The
prison at Fort Worth was more like a rest home than a correction
facility. Carlos could meet his visitors around a picnic table, away
from prying eyes and hidden microphones. Two of people who came to
see Carlos regularly were brothers Joe and Sammy; through them he
was able to carry on managing his business activities, both
legitimate and illegal.
Back on February 14, 1975, Carlos, a man worth many millions of
dollars, had done something unusual: he applied for social security
benefits. For eleven years, his lawyers had fought for his
constitutional rights to these. They had argued that his deportation
to Guatemala had been an illegal act. Although Social Security had
received notification of Carlos’ deportation, they claimed they
had never had filed with them a Lawful Re-entry after Deportation
notice. A hearing in 1984 determined that Carlos was not entitled to
benefits, and on March 26, 1986, the District Court of Louisiana
agreed.
This dancer’s jig had a purpose. If the government had granted
Carlos retirement benefits, it would be tantamount to it recognising
him as an American citizen. Still an illegal citizen, he was always
under threat of deportation, and feared that when his sentence was
served, the government would kick him out of the country once again.
After a year living comfortably at the "country club"
in Fort Worth, on May 21, 1987, he was suddenly, without notice,
shifted back to the near maximum conditions of the Texarkana
penitentiary. He would be there until March 1989, when he was
transferred for the final time to a federal prison hospital in
Rochester, Minnesota.
Early in the new year, he had suffered a series of stokes that
had left him severely disabled, and by the end of March, he was
obviously showing signs of Alzheimer’s disease. At times he had
become so disoriented that he thought he was living in a hotel and
could not recognize family members who visited him. In July, in a
surprise move, the 5th U.S. Circuit Court of Appeals threw out
Carlos’ BRILAB conviction. One judge denied this reversal, but his
decision in turn was overruled. In October, after having served six
years and six month of his sentence, he was released and the old don
was finally returned back into his family’s care. "I’m
retired," he told reporters. "I’m happy. Everybody’s
been nice to me." He returned to his white marble,
two-story mansion overlooking a golf course in Metairie.
Here, he lived out the last years of his life, cared for by a
group of nurses and watched over by his wife and family. Apparently,
he lost the power of speech and regressed to his infancy. He was
never seen in public again and died on March 3, 1993.
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