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Brought to bay in a courtroom, the Mafia bosses have adopted an unusual defense: rather than fight the Government's efforts to prove the existence of La Cosa Nostra, they admit it. "This case is not about whether there is a Mafia," thundered Defense Attorney Samuel Dawson. "Assume it. Accept it. There is." Nevertheless, he told the jury, "just because a person is a member of the Mafia doesn't mean he has committed the charged crime or even agreed to commit the charged crime." Dawson depicted the Commission as a sort of underworld businessmen's round table that approves new Mafia members and arbitrates disputes. Its purpose, he insisted, is "to avoid -- avoid -- conflict."
Much more sinister conspiracies will be described by Government witnesses in the trial. The prosecutors will contend that the Commission approved three murders and directed loan-sharking and an extensive extortion scheme against the New York City construction industry. The killings involve the 1979 rubout of Bonanno Boss Carmine Galante and two associates. Bonanno Soldier Anthony Indelicato, 30, and alleged current Bonanno Boss Philip (Rusty) Rastelli, 68, are accused of plotting the hit, with the Commission's blessing, to prevent Galante from seizing control of the Gambino family. (Rastelli, already engaged in a separate racketeering case, will face trial later.) The jurors will see a videotape of Indelicato, who is a defendant in the Commission case, being congratulated shortly after the killings by high-ranking Gambino family members at its Ravenite Social Club. "Watch the way they shake hands, watch the way they are con gratulating each other," said Prosecutor Chertoff.
The crux of the Government's case, however, is more prosaic than murder. It details a Commission-endorsed scheme to rig bids and allocate contracts to Mobinfluenced concrete companies in New York City's booming construction industry. Any concrete-pouring contract worth more than $2 million was controlled by the Mob, according to the indictment, and the gangsters decided who should submit the lowest bids. Any company that disobeyed the bidding rules might find itself with unexpected labor problems, and its sources of cement might dry up. The club dues, actually a form of extortion, amounted to $1.8 million between 1981 and 1984. The Mob also demanded a 2% cut of the value of the contracts it controlled.
The key defendant on this charge is Ralph Scopo, 57, a soldier in the Colombo family, and just as importantly, the president of the Cement and Concrete Workers District Council before he was indicted. Scopo is accused of accepting many of the payoffs from the participating concrete firms. Scopo's lawyer admits the union leader took payoffs, but he and the other attorneys deny it was part of a broader extortion scheme. Since the Mafia leaders own some of the construction companies, said Dawson, the Government was claiming "that these men extort themselves."