The United States Attorney's Office

ROSLYNN R. MAUSKOPF, United States Attorney for the Eastern District of New York, and JOHN A. KLOCHAN, Acting Assistant Director-in-Charge, Federal Bureau of Investigation, New York, today announced the indictment of THEODORE PERSICO, JR., also known as "Teddy," a Colombo organized crime family soldier, for racketeering, including acts of extortion, and Colombo family associates CARMINE L. PERSICO and ANDRE D'APICE, for extortion. In a separate complaint, BARRY D. BARIZONE, a New York State Corrections Officer, has been charged with making false statements under oath in a grand jury proceeding.

PERSICO, JR., CARMINE L. PERSICO and D'APICE will be arraigned later today before United States Magistrate Judge Robert M. Levy, at the U. S. Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Their case has been assigned to United States District Judge Carol B. Amon. BARIZONE's initial appearance will take place later today at the U. S. Courthouse in Albany, New York.

As alleged in the indictment and the government's detention memorandum, PERSICO, JR., nephew of Colombo family official boss Carmine Persico, was released from Greenhaven Correctional Facility in Dutchess County, New York, on April 28, 2004, after serving approximately 16 years in prison following his 1988 state conviction for narcotics trafficking. As evidenced in court-authorized secretly recorded conversations, PERSICO, JR., who remains under state parole supervision, returned to his position in the Colombo family and almost immediately engaged in criminal conduct.

On May 25, 2004, PERSICO, JR. was recorded discussing a weapon brought to him in advance of a potentially violent meeting with another Colombo family soldier. In that conversation PERSICO, JR. stated, "They come there the [expletive] thing is dirty. How do you keep a pistol with [expletive] dirty bullets in it in the first place? You got an automatic pistol, you clean the bullets, you put them in the [expletive] clip, and the clip is ready, whenever you're ready."

During court-authorized electronic surveillance of PERSICO, JR.'s cellular telephone later in 2004, he was intercepted speaking with both CARMINE L. PERSICO and ANDRE D'APICE regarding the extortionate collection of a debt. In a November 23, 2004, conversation, PERSICO, JR. instructed D'APICE to bring an individual to him so he could give him a "[expletive] beating." Then, he added derisively, the individual could "go tell his father." In the same conversation, PERSICO, JR. threatened that he would "take it out on his kids, that's all, until he [expletive] does the right thing."

BARIZONE, a New York State corrections officer, was arrested in Saugerties, New York, earlier today based on a separately filed complaint. As alleged in the complaint, BARIZONE worked at Greenhaven Correctional Facility for several years while PERSICO, JR. was an inmate, and for a period of time PERSICO, JR. worked as BARIZONE's porter. BARIZONE was intercepted in several conversations with PERSICO, JR. during the electronic surveillance of PERSICO's cellular telephone. Among other things, the two men discussed a speeding ticket PERSICO, JR. received on December 29, 2004, from a state trooper while en route to Saugerties, New York, and BARIZONE's offer to "fix" the ticket.

As evidenced in the recorded conversations, moments after PERSICO, JR. was pulled over by the trooper, BARIZONE offered to intervene and use his status as a corrections officer to prevent the issuance of the ticket. When PERSICO, JR. handed his cellular telephone to a female passenger, BARIZONE, apparently thinking that the woman was the state trooper, identified himself as C. O. Barizone with the Albany CERT team. When it became clear that the ticket had already been written, BARIZONE directed PERSICO, JR. to find out the name and troop assignment of the officer. The following day, December 30, 2004, BARIZONE spoke with PERSICO, JR. and reported that he had contacted someone who would help take care of the ticket once a court date was set. BARIZONE gave PERSICO, JR. detailed instructions on how to fill out the ticket and told PERSICO, JR. to notify him when he received a court date. BARIZONE explained that if he had been able to speak with the trooper the night PERSICO, JR. was pulled over, he could have "squashed" the ticket right away, but assured PERSICO, JR. that the ticket would be "taken care of" even though they would have to "go through the motions" because it was in the court system.

On March 9, 2005, BARIZONE appeared before a duly empaneled federal grand jury in the Eastern District of New York and was questioned about, among other things, the speeding ticket incident. BARIZONE falsely stated under oath that he offered merely to get the ticket reduced and stated that he took no steps, including speaking to anyone, to resolve PERSICO, JR.'s speeding ticket.

If convicted of all charges, PERSICO, JR. faces a maximum of 20 years' imprisonment on each of the four counts with which he is charged, and CARMINE L. PERSICO and ANDRE D'APICE face a maximum of 20 years' imprisonment on each of the two counts with which they are charged. BARIZONE faces a maximum sentence of five years' imprisonment if convicted of lying before the grand jury.

"We and our partners in the FBI are committed to preventing organized crime from rebuilding, either with new recruits or with returning veterans," stated United States Attorney MAUSKOPF. "Today's arrests are but the latest installment in our drive to eliminate organized crime from our community." Ms. MAUSKOPF added, "The arrest of a law enforcement officer sworn to uphold the law is always unfortunate, but it is our duty to maintain the integrity of the investigative process, and anyone who impedes the work of a federal grand jury by lying will be held accountable."

FBI Acting Assistant Director-in-Charge KLOCHAN stated, "The mob business plan is to make money, by violent means if necessary. In a legitimate enterprise, the continuity of generation after generation working in the family business is commendable. When the family business is extortion and racketeering, the presence of succeeding generations is contemptible."

The government's case is being prosecuted by Assistant United States Attorneys Deborah Mayer and Thomas J. Seigel.

The Defendants:

Name: THEODORE PERSICO, JR.
Alias: “Teddy”
DOB: 9/9/1963
Address: 1371 82nd Street, Apt. 1, Brooklyn, New York

Name: CARMINE L. PERSICO
DOB: 11/30/1970
Address: 939 Thomas Avenue, Baldwin, New York

Name: ANDRE D’APICE
DOB: 9/28/1973
Address: 121 Wellington Court, Apt. 3R, Staten Island, New York