Case 2:09-cr-00496-ER Document 455 Filed 05/02/12 Page 1 of 21

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA v. LOUIS FAZZINI : : : THE UNITED STATES MOTION FOR PRETRIAL DETENTION I. INTRODUCTION The United States respectfully requests that the Court order that the defendant LOUIS FAZZINI be detained pending trial pursuant to 18 U.S.C. 3142(e). As set forth more fully below, FAZZINI presents an unacceptable risk of danger to the community and a risk of flight. Accordingly, no condition or conditions of release will assure the safety of the community or the appearance of the defendant. The second superseding indictment charges FAZZINI with being a member of a racketeering conspiracy known as the Philadelphia La Cosa Nostra (LCN) Family. FAZZINI was a loyal associate of the Philadelphia LCN Family since the 1990s. In 2007, he became a made member through a making ceremony, a formal initiation ritual which was conducted by JOSEPH LIGAMBI, the acting boss of the organization. FAZZINI operates as a member of the North Jersey crew of the Philadelphia LCN Family, which is headed by co-defendant, JOSEPH LICATA, a caporegime. As a caporegime, LICATA supervises and controls the criminal activities of a crew of soldiers and associates who operate in northern and central New Jersey. Despite sustaining a prior racketeering conviction, serving a lengthy prison sentence, and surviving tumultuous leadership changes resulting from the violent murders of its members which are endemic to the Philadelphia LCN Family, FAZZINI maintains allegiance to the CRIMINAL NO. 09-00496-15

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Philadelphia LCN Family and remains committed to the perpetuation of the enterprise and its criminal objectives. FAZZINI has continued as a steadfast member of the Philadelphia LCN Family, knowing full well that its power and influence derive solely from violence and threats of violence, which the enterprise exploits to carry out its money-making criminal activities. Simply by virtue of his position as a made member of the Philadelphia LCN Family, FAZZINI poses an unacceptable risk of danger to the community. II. ANALYSIS OF THE 3142(g) FACTORS A. Nature and Circumstances of the Offense Section 3142(g)(1) requires that the Court consider the nature and circumstances of the offense. Count One of the second superseding indictment establishes probable cause that FAZZINI conspired to conduct and participate in the affairs the enterprise known as the Philadelphia LCN Family through a pattern of racketeering activity and the collection of unlawful debts, in violation of Title 18, U.S.C. 1962(d). In furtherance of the racketeering conspiracy, the members and associates of the Philadelphia LCN Family used violence and the threat of violence to establish and maintain underworld primacy, to extend their power, and to accomplish their criminal objectives. They cultivated and exploited the Philadelphia LCN Familys well-earned reputation for violence to protect their territory and to promote their interests. Racketeering conspiracy is an extremely serious offense. The essence of racketeering conspiracy is continuous criminal activity by a well-structured organization. As the District Court noted when affirming the pretrial detention of other defendants in this case who are made members of the Philadelphia LCN Family, racketeering conspiracy is a particularly -2-

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pernicious crime because it enables each defendant to leverage the participation of other members of conspiracy in concerted criminal conduct, thereby increasing the danger to the community posed each individual member. Moreover, proof of racketeering conspiracy does not require that the defendant personally commit a racketeering act. See Salinas v. United States, 522 U.S. 52 (1997). All that is required is that the defendant agree that at least one member of the enterprise commit two racketeering acts or a collection of an unlawful debt. RICO makes it a crime to participate in the affairs of a criminal enterprise; a defendant who participates in a racketeering conspiracy commits the crime every day he agrees with the illegal objectives of the other members of the enterprise, even if he does not personally commit a racketeering act. B. Weight of the Evidence The weight of the governments evidence against FAZZINI is strong. The government will establish the elements of the racketeering conspiracy through the testimony of cooperating witnesses and recorded conversations of the defendant and other members of the conspiracy. Relevant excerpts of the recorded conversations are set forth below. 1. The May 19, 2010 Consensual Recording On May 19, 2010, LICATA arranged a meeting between leaders of the Philadelphia LCN Family and the New York Gambino LCN Family, through a soldier in the Gambino LCN Family who, unbeknownst to LICATA, was a cooperating witness (CW) working in an undercover capacity with the FBI. The meeting took place at a restaurant in New Jersey, where the conversations of high ranking gangsters of both families were surreptitiously recorded by the CW. Co-defendants JOSEPH LIGAMBI, the acting boss, and ANTHONY -3-

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STAINO, JR., a caporegime, attended and represented the Philadelphia LCN Family. FAZZINI also participated on behalf of the Philadelphia LCN Family. JG, a caporegime and a member of the New York Gambino LCN Family ruling triumvirate (also known as the administration), AT, a caporegime, and several other made members attended the meeting as representatives of the Gambino LCN Family. The recorded conversations reveal that the purpose of this meeting was to strengthen ties between the Philadelphia LCN Family and the New York Gambino LCN Family. During this meeting, LICATA and FAZZINI made statements which confirm their membership in the Philadelphia LCN Family and their conspiratorial agreement to participate in the affairs of the Philadelphia LCN Family. (a) Structure and Operation of the LCN Enterprise During the meeting, LICATA, FAZZINI, LIGAMBI and other participants discussed in the detail the current structure and operation of the Philadelphia and New York LCN Families. Introduction of LCN Members: At the beginning of the meeting, the CW introduced JG as a caporegime with the administration of the Gambino LCN Family. LICATA then introduced LIGAMBI to the group as the acting boss of the Philadelphia LCN Family. LICATA introduced STAINO as a caporegime. The CW also introduced FAZZINI to JG. This portion of the conversation confirms the existence of the LCN as a national criminal organization that consists of distinct families in different cities. The statements show that LCN families have a leadership structure with various ranks, including bosses, caporegimes and soldiers. The conversation demonstrates that formal introductions are an established mob

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protocol which enables information to be passed covertly from one family to another, a prerequisite to mobsters from different families safely doing business together. Nicky Scarfo, Jr.: LIGAMBI and LICATA expressed their anger that Nicky Scarfo, Sr., the former boss of the Philadelphia LCN Family, had his son, Nicky Scarfo, Jr., made or formally initiated into the Lucchese LCN Family, with the concurrence of VA, a former boss of the New York Lucchese LCN Family. LICATA expressed contempt for this action, stating: This is a slap in the face to us. LICATA added that Scarfo, Sr., was sentenced to 69 years in prison and is never coming home. LICATA then stated his concern that the Lucchese LCN Family is trying to poach other Philadelphia LCN Family members, including FAZZINI and Joseph Grande (a soldier who was convicted in the 1988 Scarfo RICO trial, served approximately 24 years of a 40 year sentence, and was scheduled to be released from prison in 2011.) FAZZINI related that when he was in jail, Nicky Scarfo, Jr., visited FAZZINIs brother and told him to tell FAZZINI to report to Scarfo, Jr., and the Lucchese LCN Family after FAZZINI was released from jail. FAZZINI resented this contact and told his brother to tell Scarfo, Jr., that FAZZINI knew who his friends were. This portion of the discussion shows that the Philadelphia and Lucchese LCN Families are separate LCN families, whose bosses make agreements to serve their mutual interests. This conversation reflects that the New York Lucchese LCN Family recognizes Nicky Scarfo, Sr., as the head of the Philadelphia LCN Family, even though he is not expected to be released from prison and new leaders, namely Joseph Merlino and LIGAMBI, have taken over control of the Philadelphia LCN Family. LICATA and LIGAMBI view the recruitment of Philadelphia LCN Family associate Nicky Scarfo, Jr., into the Lucchese LCN Family as an insult to the Philadelphia LCN Family, and a source of conflict between the two LCN families. LICATAs dissatisfaction confirms that loyalty is the central to the manner and means of Philadelphia LCN Family, and that LICATA and FAZZINI endorse this value. Moreover, these -5-

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statements reflect that the Philadelphia LCN Family was soliciting the support of the Gambino LCN Family in preventing further encroachment by the Lucchese LCN Family into the affairs of the Philadelphia LCN Family. Quality not Quantity: During the meeting, LICATA observed: We still got to stay with the old rules. If you dont know the families, the grandmothers, the grandfathers, forget it... If you dont know them a lifetime, or somebody good recommends, there aint nothing he can do. JG agreed: The only way to survive. You only need quality, not quantity. FAZZINI observed: Guys made it about money. Its not about money. Its about... brotherhood. AT agreed and added: Money clouds peoples judgment. Thats what gets people locked up. LICATA agreed: The green-eyed monster. These statements establish that family lineage is a key basis for trust among LCN members, and an important factor in obtaining membership in the mob. These statements also show that the LCN members participating in the meeting understood that crime is the purpose of the mob, but that excessive greed can cause LCN members to make poor decisions that lead to members being sent to prison. (b) Violent History of the Philadelphia LCN Family During the meeting, the participants discussed the history of the Philadelphia LCN Family, as well as the rules that apply to the LCNs operations. Obedience to the Administration: LICATA discussed how Joseph Pungitore and Joseph Grande (Philadelphia LCN Family soldiers convicted in the Scarfo RICO case) began a fight in prison over their divided loyalties. Pungitore claimed loyalty to Joseph Merlino and LIGAMBI, while Grande claimed loyalty to Nicky Scarfo, Sr.. LICATA stated that Scarfo, Sr., is never coming home and he is no longer in charge. LICATA noted there has been a change of leadership with Merlino and LIGAMBI now in control of the Philadelphia LCN Family. LICATA stated he will influence Grande away from Scarfo and toward the new leadership structure. -6-

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LICATA also said he will tell Grande to report to LIGAMBI, and if Grande is scared to do it himself, LICATA will take Grande to see LIGAMBI. FAZZINI stated: You gotta fall in line with the administration.... You have to understand theres a new administration. This passage reflects how divided loyalties among mob members lead to physical violence. The specter of violence that underlies the Philadelphia LCN Family is emphasized by LICATAs concern that Grande may feel he is in danger by going to see LIGAMBI, given Grandes past allegiance to Scarfo. FAZZINIs comments about falling in line with the administration not only confirm the existence of the RICO enterprise and it leadership structure, but also affirm that unquestioned obedience to the leadership is part of the LCN life. (c) FAZZINIs Making Ceremony During the meeting, LICATA and FAZZINI discussed FAZZINIs making ceremony. LICATA explained that co-defendant DAMION CANALICHIO and four others were made during initiation rituals conducted by the Philadelphia LCN Family, before FAZZINI was formally inducted into the LCN. LICATA noted that FAZZINI and co-defendant ERIC ESPOSITO were made at the same making ceremony. LICATA also discussed how former boss Joseph Merlino proposed three new members to be made while he was incarcerated, but LIGAMBI declined to make these candidates because he did not know them well enough. According to LICATA, LIGAMBI said that Merlino can make these new members when he comes home from prison. FAZZINI and LICATA recounted FAZZINIs making ceremony as follows: (LF = LOUIS FAZZINI, JL = JOSEPH LICATA, CW = CW, U = Unintelligible)

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JL:

It was five before you, and it was two that night. Thats seven guys. Seven guys. Thats it. [Laughter] Thats it. Seven made. Thats enough. See, thats it (UI) You want quantity or quality, you know? DAMION was before you. Before me? Then he went to the can. Yeah. DAMION was before. He might have been with the first five. Right. Yeah. First five. Then you guys came. And it was five that night supposed to be with youse. When I got there, there was only three. I says what happened? Said when he comes home let him do it. [Laughter] He, he (UI) so I said wheres the other three, cause were all sitting in the room. Theyre all down stairs. When he comes home. (UI) See this joint? When I, when I got straightened out, you either knew you were getting straightened out or youre getting clipped. One of the fucking two. [Laughter]

CW: JL: CW: JL: LF: JL:

LF: JL:

CW: LF:

LF:

Because I was alone. And then you see when theyre in Good Fellas, when they walked in and the joints empty. Yeah. Yeah. It was a fucking old meat market. And I walk in, and they put me at a table, and Im waiting, and theyre all upstairs. We brought you up first, though. And Im all by myself.

JL: LF:

JL: LF:

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JL:

We brought you up first, though. We brought you up first, though. You went before DAMION. Yeah. But I was still downstairs. Yeah, but you were (UI). Yous brought me up, and Im at a table. I says, man, good thing I know I aint got a dirty We, we did it by five (UI) five of us (UI) (....)

LF: JL: LF:

CW:

CW: JL: CW: JL:

They went by age. Did they? By, by age? By age. Now, when we were walked in, ANTHONY walked us in, cause he picked us up. So, he says, LOUIE, you go there. Cmon JOE, were going up, and I walk in and JOEs sitting there with a shirt and tie on. JOEs all duded up. I mean, theyre all good guys. Yeah. And then Im, Im in the, Im, Im, the joints closed. It was like a fucking banquet hall. Yeah, yeah. It was locked. Yeah, yeah, yeah, yeah. You know the joint, you know. And Im downstairs, and Im sitting at a table by myself. [Laughs] And, uh, theyre all upstairs. And I dont know. Was ERIC downstairs with me? (UI) No. They brought him in. Lance brought him in.

CW: JL: LF:

JL: LF:

JL: LF:

JL:

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LF: JL: LF: JL: LF: JL: LF: JL:

Yeah. Yeah. He came late. He came late with him. Yeah. And then, uh LANCE. Caporegime. Yeah. Then they called me up. I said, all right. At least I know Im not -No. You came up first. Cause JOE set it up. I know I didnt do nothing to nobody, but... No, no. He said bring LOUIE up first. He gave me that honor. You know? Which, you want to know the truth? The kid was from Philly; it should be him. You know? But he brought him up first, which was nice. Good. (UI) same thing. Yeah. It was nice. Then we all went and ate. Right? With a big spread. Right. And he couldnt get, couldnt get the fucking blood out of his finger, with the pin. And he got the fucking knife... We had, we had another guy, too. Yeah. Yeah. The fucking blood splashed all over his shirt, my shirt... And he got a knife like this here JOEs shirt! (UI) yeah. Yeah. I had, yeah.

CW: JL: LF: JL: LF: JL:

CW: LF: JL: LF: JL: LF:

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JL: LF:

(UI) all full of blood. [Laughter] I still got the shirt at home. I saved it. I dont fit in it anymore, but I have it at home. [Laughter]

JL: CW: JL: CW: JL:

Madone! It splashed all over me. Thats funny. And JOE got it. Thats funny. He, I cant get through with this! [Laughter] It was so funny. Well, at least we can laugh about it. This passage confirms that FAZZINI is a made member of the Philadelphia

LCN Family, that LICATA sponsored FAZZINI, and that LIGAMBI, assisted by STAINO, presided over the ceremony. This conversation also reflects that co-defendants DAMION CANALICHIO and ERIC ESPOSITO are made members of the Philadelphia LCN Family. The conversation explicitly acknowledges elements of the LCN making ceremony such as pricking the finger of the proposed member and the presence of a knife. It demonstrates FAZZINIs understanding that he was gaining membership into a violent organization (reference to the Good Fellas movie and the cutting of his finger with the knife), and his willingness to commit acts of violence in furtherance of the enterprise. The ever-present specter of violence is manifested by FAZZINIs comment he didnt know if he was going to be initiated (straightened out) or murdered (clipped). FAZZINIs pride in his membership and adherence to LCN values is demonstrated by his comment that he kept the bloody shirt as a trophy of his induction ceremony. - 11 -

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2.

The October 21, 2010 Recording On October 21, 2010, LICATA and FAZZINI attended a meeting at a restaurant

in New Jersey with the CW. The CW also recorded this meeting. During this meeting, LICATA and FAZZINI had further discussions about their participation in the LCN. No Show Job for FAZZINI: LICATA discussed the need to get FAZZINI a no show job, where FAZZINI would do no work but receive benefits. LICATA discussed seeking the assistance of the New York Gambino LCN Family because LICATA knew the family controls certain jobs through their union connections. These statements show that LICATA and FAZZINI have an agreement to work together to steal employee benefits by obtaining FAZZINI a no show job with a union influenced by the Gambino LCN Family. FAZZINIs Sports Bookmaking: FAZZINI acknowledged to the CW that he is currently engaged in sports bookmaking. These statements affirm FAZZINIs present involvement in racketeering activity on behalf of the Philadelphia LCN Family, with the approval of his caporegime. Salvatore Testa Murder: LICATA and FAZZINI made references to how former boss Nicky Scarfo, Sr., ordered the murder of Salvatore Testa, a highly regarded caporegime of the Philadelphia LCN Family. They discussed how Scarfo, Sr., ordered Testas closest friends to participate in the murder. LICATA and FAZZINI both acknowledged that, even if you dont like them, you must always carry out the orders of the boss. This portion of the conversation clearly shows the absolute power wielded by the boss in controlling the Philadelphia LCN family. It further demonstrates that the Philadelphia LCN Family is a violent criminal organization, and reaffirms LICATA and FAZZINIs allegiance to this organization and its violent activities.

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C.

History and Characteristics of the Defendant FAZZINI has an extensive criminal record with eight prior convictions, most of

which were for racketeering offenses. - In 1983, FAZZINI was convicted of involuntary manslaughter in Essex County, New Jersey Juvenile Court, and sentenced to 3 years probation. - In 1992, FAZZINI was convicted of sports bookmaking in Essex County, New Jersey, and sentenced to 2 years probation. - In 1995, FAZZINI was convicted of hindering apprehension in Belleville, New Jersey, and sentenced to 10 days imprisonment. - In 1995, FAZZINI was convicted of promoting gambling in Essex County, New Jersey, and sentenced to 364 days imprisonment followed by 5 years probation. - In 1995, FAZZINI was convicted of disorderly conduct in Clifton, New Jersey, and sentenced to 1 year probation. - In 1998, FAZZINI was convicted of driving on a revoked license in Belleville, New Jersey, and sentenced to 10 days imprisonment. - In 1998, FAZZINI was convicted of RICO conspiracy in the District Court for the District of New Jersey, and sentenced to 48 months imprisonment followed by 3 years supervised release. FAZZINI admitted that, from 1990 to 1994, while he was an associate of the North Jersey crew, he conspired with LICATA and others to participate in the affairs of the Philadelphia LCN Family through a pattern of racketeering activity involving sports bookmaking.

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- In 1999, FAZZINI was convicted of promoting gambling in Essex County, New Jersey, and sentenced to 4 years imprisonment. D. The Nature and Seriousness of the Danger Posed By Defendant By virtue of his position as a made member of the Philadelphia LCN Family, and his demonstrated willingness to engage in violence on behalf of the Philadelphia LCN Family, FAZZINI poses a significant danger to the community. Unlike a social club or other associations, when one chooses to join the ranks of the LCN, he joins for life, and he does so for the sole purpose of becoming a professional criminal in the service of an organization that thrives on its well-earned reputation for the use of violence to attain its goals. FAZZINIs role in the racketeering enterprise reflects the conscious choice of a mature criminal to pursue a lifetime criminal career, backed by the iron fist of the mafia. As noted above, members of a racketeering conspiracy are particularly dangerous to the community because each individual member of the enterprise can leverage the participation of the other members in achieving the illegal objectives of the criminal organization. In this regard, the District Court has noted in detention proceedings for the other made co-defendants that it is not technologically feasible to fashion conditions of release that would prevent members of the enterprise from continuing their participation in the affairs of the ongoing enterprise through use of electronic devices such as cellular telephones or personal computers. E. Maximum Penalties The total maximum penalty FAZZINI faces is 20 years imprisonment, a $250,000 fine, and 3 years of supervised release. FAZZINI also faces a significant term of imprisonment under the advisory Sentencing Guidelines because of the seriousness of the offense and his - 14 -

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extensive criminal history. As such, the risk of conviction and lengthy incarceration in the case creates a high incentive for FAZZINI to flee. III. CONCLUSION When all these factors are viewed in light of the substantial sentence the defendant faces if convicted, it is clear that no condition or combination of conditions will reasonably protect the safety of the community or assure the presence of the defendant as required. Accordingly, the government respectfully requests that Court order the pretrial detention of the defendant. Respectfully submitted, ZANE DAVID MEMEGER United States Attorney Eastern District of Pennsylvania

/s/ John S. Han JOHN S. HAN Trial Attorney Organized Crime and Gang Section U.S. Department of Justice FRANK A. LABOR III Assistant United States Attorney

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA v. LOUIS FAZZINI : : : CRIMINAL NO. 09-00496-15

PRETRIAL DETENTION ORDER AND NOW, this _______ day of May, 2012, after an evidentiary hearing and argument of counsel for the government and the defendant, the Court finds that: (a) the government has proved by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of other persons and the community, as required by Title 18, United States Code, Section 3142(e); and (b) the government has proved by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the defendant as required. The Court makes the following findings of fact: This case is appropriate for detention under Title 18, United States Code, Section 3142(e) because: 1. There is probable cause to believe that FAZZINI conspired to conduct and

participate in the affairs of the Philadelphia LCN Family through a pattern of racketeering activity and the collection of unlawful debts, in violation of Title 18, United States Code, Sections 1962(d), as charged in Count One of the second superseding indictment. In furtherance

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of the racketeering conspiracy, the members and associates of the Philadelphia LCN Family used violence and the threat of violence to establish and maintain underworld primacy, to extend power, and to accomplish various criminal objectives. They cultivated and exploited the Philadelphia LCN Familys well-earned reputation for violence to protect their territory and to promote their interests. 2. The evidence in this case is strong. The government will establish

FAZZINIs association with, and position in, the Philadelphia LCN Family primarily through the testimony of cooperating witnesses and recorded conversations. The recorded conversations establish the following: a. FAZZINI is a made member of the North Jersey crew of

Philadelphia LCN Family, and as such, participated in the operation of an illegal sports gambling business and other activities. b. FAZZINI conspired to conduct and a participate in the affairs of

the Philadelphia LCN Family through a pattern of racketeering activity and the collection of unlawful debts. c. As part of the racketeering activity, LICATA and FAZZINI agreed

to a scheme to steal from an employee benefit plan by getting a no show job for FAZZINI where FAZZINI would do no work but obtain benefits, through a union controlled by the LCN. d. FAZZINIs recorded statements firmly establish the existence of

the RICO enterprise, its leadership element, its membership, its organizational structure, and its criminal objectives.

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e.

FAZZINIs recorded statements further establish his abiding

allegiance and loyalty to the Philadelphia LCN Family, and his steadfast commitment to the ongoing perpetuation of this criminal enterprise and its goals. He affirms this commitment knowing full well that the power of the Philadelphia LCN Family is derived from its use of violence and the threat of violence to carry out its money-making criminal activities. 3. The total maximum statutory penalty defendant faces is 20 years, a

$250,000 fine, and three years of supervised release. 4. FAZZINI has an extensive criminal record with eight prior convictions,

most of which were for racketeering offenses. They include the following: 1983: Convicted of involuntary manslaughter in Essex County, New Jersey Juvenile Court, and sentenced to 3 years probation. 1992: Convicted of sports bookmaking in Essex County, New Jersey, and sentenced to 2 years probation. 1995: Convicted of hindering apprehension in Belleville, New Jersey, and sentenced to 10 days imprisonment. 1995: Convicted of promoting gambling in Essex County, New Jersey, and sentenced to 364 days imprisonment followed by 5 years probation. 1995: Convicted of disorderly conduct in Clifton, New Jersey, and sentenced to 1 year probation. 1998: Convicted of driving on a revoked license in Belleville, New Jersey, and sentenced to 10 days imprisonment. 1998: Convicted of RICO conspiracy in the District Court for the District of New Jersey, and sentenced to 48 months imprisonment followed by 3 years supervised release. FAZZINI admitted that, from 1990 to 1994, while he was an associate of the North Jersey crew, he conspired with LICATA and others to participate in the affairs of the Philadelphia LCN Family through a pattern of racketeering activity involving sports bookmaking.

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1999: Convicted of promoting gambling in Essex County, New Jersey, and sentenced to 4 years imprisonment. 5. The weight of the governments evidence of FAZZINIs guilt on the

charged crimes is strong. Evidence of the existence and nature of the Philadelphia LCN Family, as well as FAZZINIs involvement in that criminal enterprise, is strong. The crimes charged as racketeering acts are supported by consensual recordings or other evidence which corroborate the testimony of the available cooperating witnesses as to each crime. 6. By virtue of his positions as a made member of the Philadelphia LCN

Family and his demonstrated willingness to engage in violence on behalf of the Philadelphia LCN Family, FAZZINI poses a significant danger to the community. 7. Given the nature and extent of the charged racketeering conspiracy and

FAZZINIs alleged role within that conspiracy, lesser forms of pretrial restraint would be insufficient to protect the community from the danger posed by this defendant. 8. The strength and nature of the case against the defendant, combined with

the strong likelihood that the defendant will be incarcerated for a significant period of time, establishes the defendant's danger to the community and increases the high risk that the defendant will not appear as required by the Court. Therefore, IT IS ORDERED that the defendant be committed to the custody of the Attorney General for confinement in a correction facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal; that the defendant be afforded reasonable opportunity for private consultation with counsel; and that, on order of a Court of the United States, or on request of an attorney for the government, the person in charge

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of the corrections facility in which the defendant is confined deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding. BY THE COURT:

___________________________________ HONORABLE TIMOTHY R. RICE United States Magistrate Judge

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CERTIFICATE OF SERVICE I certify that a copy of the Government's Motion for Pretrial Detention and Proposed Order were electronically filed and served on counsel for the defendant: Mariana Rossman, Esquire 1500 Walnut Street, Suite 1207 Philadelphia, PA 19107

/s/ John S. Han JOHN S. HAN Trial Attorney Organized Crime and Gang Section U.S. Department of Justice FRANK A. LABOR III Assistant United States Attorney

Date: May 2, 2012