We are in the midst of a mafia investigation

The news is filled with stories of Special Council Robert Mueller's investigation into possible Russian interference in the 2016 election and alleged Russian collusion with the Trump campaign.

As I read these stories and watched Mr. Mueller's actions related to this case, I couldn't help but think that this all sounds very familiar. That's because I'm currently working on a writing project in which the mafia plays a role in the plot.

Researching my project, I read several books about the mafia including John Dickie's excellent, Cosa Nostra: A History of the Sicilian Mafia.   What I found was an amazing similarity between how Mr. Mueller is proceeding with his investigation and mafia cases of the last 40 years.

First off, Robert Mueller has experience prosecuting cases of money laundering (a common mafia crime) and even prosecuted mafia boss John Gotti.  One of Robert Mueller's colleagues on the special council team is Andrew Weissmann.  As U.S. Attorney in New York, Mr. Weissmann prosecuted 25 cases of mob activity including members of the Gambino crime family.  

Another member of Mueller's team, Greg Andres, prosecuted the case against mobster Joseph Massino in 2004.  Massino ended up "flipping" and turning state's evidence against other mafia members.  This is important to the Mueller investigation because it appears that the special council team is attempting to use the same strategy of "flipping" suspects in the collusion case.

It's very telling when your team is loaded with mafia prosecutors.


George Papadopoulos, a former member of the foreign policy advisory panel to Donald Trump's 2016 presidential campaign, pleaded guilty to charges of lying to the FBI about his contacts with the Russian government.  While Mr. Papadopoulos pleaded guilty in July to the charges, his guilty plea, or even his involvement in the case were not made public until they were unsealed in October.  The reason for the delay in making the guilty plea public is thought to be because of Mr. Papadopoulos' cooperation with the special council and their investigation.  There have even been unsubstantiated reports of Mr. Papadopoulos wearing a wire as part of his cooperation with the government.

Oftentimes with mafia cases, the most severe charges (murder, etc.) are difficult to prove.  So, prosecutors rely on two crimes that are much easier with which to gain convictions.  Racketeering and money laundering.

It appears the special council is using both these tactics in their current investigation.  Former Trump campaign manager Paul Manafort and his cohort Rick Gates were indicted on a number of serious charges including money laundering.  While in some ways the crime of money laundering can be concealed using virtual transactions like BitCoin, most criminal enterprises still deal in cash and checks which are must easier to trace in our financial system, and, therefore, easier to prosecute.

That's why mafia types have a money problem.   Sammy "The Bull" Gravano, who flipped and testified against John Gotti, was said to be making between $5 and $20 million as underboss of the Gambino crime family.  But, the mafia doesn't have direct deposit or electronic transfer and drug dealers, bookies, pimps and guys paying protection money don't use difficult to trace BitCoin for payments.  They pay in cash.

Remember Whitey Bulger, the notorious crime boss from Boston?  When he was captured after 16 years as a fugitive, $800,000 in cash was found hidden in his apartment.  Imagine the red flags that would be raised if someone tried to deposit $800,000 in cash at their local bank.

If a bank receives a deposit of $10,000 or more in cash, they must fill out a currency transaction report with the U.S. Treasury Department, who, in turn, may alert the I.R.S.  When you're dealing with millions of dollars, $10,000 is a drop in the bucket.  So, the mafia sets up shell companies where money gained through illegal operations can be mixed with legal money, thus laundering it.

Fast food restaurants, like pizza joints, which generate a lot of cash through daily operations is a famous way to launder money.  Construction companies are also notorious for laundering money.  Heck, even Tony Soprano laundered money through his sanitation business.

It appears Paul Manafort and Rick Gates have a similar money problem.  While more details are likely to emerge, if Mr. Manafort received cash, gifts or other items of value from the Russian government and subsequently failed to report those cash or gifts, or attempted to launder those cash or gifts through a shell corporation and avoid detection by the U.S. government, he would be facing long jail sentences.

Racketeering, often prosecuted under RICO, is another way to dismantle mafia organizations.  With RICO, a prosecutor needs only show crimes related to an enterprise to gain a conviction.  So, a mafia boss need not participate in a crime, they merely need to order it, to be found guilty.

But RICO is not used solely to prosecute mafia crime.  Providence, RI mayor Buddy Cianci was found guilty of racketeering in 2002 and went to federal prison for four years.  Bond trader Michael Milken was prosecuted under RICO in the 1980s.  And in 1984 the Key West Police Department was found to be a criminal enterprise.  So, it's not surprising to have a politician or a political campaign prosecuted using RICO.

As of this writing, only Paul Manafort, Rick Gates and George Papadopoulos has been implicated in any wrongdoing related to the Trump campaign.  However, this is another common tactic in mafia investigations.  Start at the bottom and move up the chain of command.  The fact that Mr. Mueller started with a former campaign manager of the Trump campaign indicates that there are more indictments coming with bigger names attached to them.  In fact, Trump's former NSA Advisor, Michael Flynn, has been reported as the next big name to be caught in the special council's net.

Where will this all lead?  While it seems inevitable that there will be more indictments and possibly more guilty pleas, it seems unlikely that anyone in Trump's inner circle will serve time, or that Trump will be removed from office.  That's because, unlike mafia trials, the mafia Don in this case has the power to pardon.  And Trump's cohorts in Congress, unlike Mueller, appear unwilling to take action.

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