United States v. Fama

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice

New York Law Journal

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Judge John Keenan

A May 28 superseding indictment charged Fama with first-degree murder, and aiding and abetting first degree murder. On Aug. 8, 1990, Fama—a reputed Gambino crime family "associate"—and others killed Garofolo in Brooklyn to prevent his grand jury testimony. Arrested April 4, 2013, Fama sought release, pending trial, on a $2 million bond secured by five properties. He argued that because he is no longer involved in organized crime, he no longer represents a danger to the community. The court ordered Fama's detention. The evidence against him—who faces a mandatory life sentence if convicted—is considerable. Further, that potential sentence provides Fama an incentive to flee if released on bail. Allegations of Fama's addiction to oxycodone were not particularly relevant to the case. Further the government did not prove, by clear and convincing evidence, that Fama poses a danger to the community. However, the court found Fama a substantial flight risk. In addition to facing a mandatory life sentence, the court noted that Fama had violated bail in the past. Taken together with the previously discussed factors, the court concluded that no condition or combination of conditions could reasonably assure Fama's continued appearance.

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