Saturday, January 7, 2023

Murdered Loan Shark's Children Seek to Collect On His Loans But EDNY Chief Judge Has Questions

 

By Matthew Russell Lee, Patreon Maxwell Book

EDNY COURTHOUSE, Jan 3 -  In the U.S. District Court for the Eastern District of New York on January 3, an oral argument was held by Chief Judge Margo K. Brodie on questions including whether the children of a murdered loan shark should be able to collect on his loans.

The answers seemed to be "no" - but Judge Brodie gave the prosecutors a week to turn in a letter brief addressing the issues.

Inner City Press covers the EDNY and SDNY courthouses. Related Mag Court live-tweeted thread (more on Patreon here) vlog here

Here was the set up: Anthony Pandrella, alleged Gambino crime family associate, convicted of the murder and robbery of Vincent Zito in Brooklyn.  Zito’s adult children are seeking restitution for the $50,000 in luxury watches and $750,000 stolen by Pandrella from the victim, $1 million of loans made by Zito which had not been re-paid or collected at the time of his murder, and $60,000 for the cost of maintenance and upkeep of Zito’s house in Brooklyn.

Here was Inner City Press' live tweeted thread:

Pandrella's lawyer: The loan could be pursued by the estate, but not under the victim statute.

Assistant US Attorney: The victim did not charge for these watches, which proves that some of the $750,000 came from his loan sharking proceeds.

 Judge: Explain the connection between the $750,000 and the watches, how it shows a link to the loan sharking. The trial testimony showed the victim was a loan shark, the borrowers had to repay. I don't see how you can argue the some was not loan sharking?

Judge: The Second Circuit has ruled that District Courts are not in the business of ordering restitution of the proceeds of illegal conduct.

 Defense lawyer still going...

Proceeding just ended. Judge asks prosecutors for a letter brief in a week: issues include relevant conduct vs crime of conviction. Extends restitution time for another 90 days

The case is  US V. PANDRELLA, 19-cr-122 (EDNY - Brodie)

sdny

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