CheGuevara wrote:to my knowledge they are all united under one leadership in british colombia... are they not?
KILLER BATTLING PAROLE PROCESS
Reputed mobster's constitutional challenge targets 'unproven' allegations
A reputed Mafia boss and convicted killer is mounting a constitutional challenge against the use of police allegations by Canada's prison and parole systems, a move that, if successful, would allow inmates to get out of prison earlier and with greater ease.
The challenge comes as Vincenzo DeMaria, known as Jimmy, fights to keep an alarming police report alleging significant underworld activity from reaching the National Parole Board before his parole hearing to decide if he should be re-released from prison.
Likely standing in the way of his liberty is a daunting report from a senior RCMP officer accusing DeMaria of sitting on the Calabrian Mafia's board of control; being an accomplice to the unsolved murder of a Toronto gangster; engaging in drug trafficking; helping a cousin flee justice; and conspiring to hurt an underworld figure.
DeMaria, 55, has given notice to the attorneys-general in every province and to the federal government of his constitutional challenge as well as filed twin lawsuits in the Federal Court of Canada against the Correctional Service of Canada and the parole board seeking to suppress the police claims.
Lawyers for DeMaria say using the report is a violation of his Charter right guaranteeing the "right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."
His lawyers characterize the report as "unsubstantiated or unproven allegations concerning criminal activity."
"None of these allegations has as yet been made the subject of a criminal charge against me," DeMaria said in a sworn statement filed in court. "I would welcome the opportunity to defend myself should such charge or charges be laid. I would plead not guilty and resist all such allegations to the fullest extent of the law."
While his court challenge raises important issues of inmate treatment within the prison and parole systems, the report itself sheds light on police theories on significant developments in Ontario's recent underworld history.
The report confirms that police investigators have "confidential information which they believe to be reliable" that a Mafia "Board of Control" exists in Canada.
Often called by its Italian name -- Camera di Controllo -- the board allegedly resolves disputes and organizes the competing enterprises of the various clans of the 'Ndrangheta, which is the name of the Mafia that formed in Italy's Calabria region, similar to the better-known Cosa Nostra from Sicily.
"Mr. DeMaria is a member of the 'Ndrangheta and a family leader. [He] holds a position on the 'Ndrangheta Board of Control," says the report, dated June 23, 2009, authored by Superintendent Mark Fleming, commanding officer of the Combined Forces Special Enforcement Unit, an anti-organized crime unit in the Greater Toronto Area.
The report further alleges that DeMaria "was an accomplice to the 2000 murder of Gaetano Panepinto."
Panepinto was an important emissary in Ontario for Vito Rizzuto, the boss of the Sicilian Mafia in Montreal. He ran a discount coffin store in Toronto and imported cocaine until he lashed out at two Calabrian mafiosi hiding in Canada from Italian authorities. Police believe he killed them in a dispute over gambling without permission from his boss.
On Oct. 3, 2000, the hulking Panepinto was shot dead in an ambush as he drove his Cadillac from his west-Toronto home. Police believe he was killed on behalf of aggrieved Calabrian gangsters. Losing Panepinto was seen as a significant stumbling block as Montreal mobsters tried to consolidate their hold on Canada's underworld by spreading east.
No charges have been laid in the murder.
In an interview, Supt. Fleming said he stood by the report, but declined to discuss its allegations.
"Our mandate is to investigate organized crime. That letter is self-explanatory and it now falls into the jurisdiction of the parole board," he said. He has previously written reports for prison and parole purposes on other inmates, he said.
Information in such reports is typically viewed with concern by the parole board when deciding if it is safe to release an inmate into the community.
DeMaria is asking the courts to intervene to prevent
the prison and parole systems from using the allegations to limit his liberty.
He has already suffered its ill effect, he said. The report led to him being removed from a minimum-security placement at Beaver Creek prison to a segregated cell at the medium-security Fenbrook prison where he remained for 18 days.
His case is urgent, his lawyers argued, because DeMaria has a pending parole hearing after he was rearrested on April 20, 2009, for allegedly violating his parole. He is serving a life sentence for a 1981 murder.
DeMaria suspects the parole board will be influenced by the report.
"I fear that the illegal use of allegations, rather than fact, will influence and bias the National Parole Board," he says in a statement. "It is possible if not probable that my parole will be revoked."
John Hill, one of three lawyers working on the case on behalf of DeMaria, declined to discuss the case because it was set to go before a judge as an emergency matter on October 1.
A lawyer representing the government in the case could not be reached for comment.
DeMaria was arrested in 1981 after he confronted Vincenzo Figliomeni, a 37-year-old father of four, at a Toronto fruit store over a debt of $2,000. He told the jury he acted in self-defence, but forensic evidence showed the man had been shot seven times in the back.
He was found guilty of second-degree murder and handed a life sentence. He was released on full parole on Feb. 3, 1992, and has operated a financial services business since.
When he was behind bars the first time he achieved a judicial victory regarding his treatment.
As the chairman of the inmate committee, he was transferred to a maximum-security institution after he telephoned the office of a Liberal MP to complain about conditions in the prison after an inmate riot. He took the prison to court and won a ruling reversing the transfer and drawing a judicial rebuke against the warden.
DeMaria is not alone in having to face police reports containing allegations or information, beyond what was proven in court, when pleading for parole.
The Corrections and Conditional Release Act allows all information used by the prison in dealing with an inmate to be sent to the parole board for its use when considering an inmate's release. The board is typically allowed to weigh the evidence when making a decision, even though it would likely not be admissible in a court of law.
If this procedure was found to be unconstitutional, the parole board could be making decisions on releasing inmates without knowing that police suspect them of continuing criminal activity or associations.http://www.nationalpost.com/news/story.html?id=2001750
Catania says friend out for revenge
Denies role in loansharking, promises to fight extortion charges 'with vigour'
By Paul Cherry, Gazette Crime Reporter
MONTREAL – The head of a construction firm already embroiled in a controversy over a real estate deal with the city of Montreal says a former friend is trying to tar his reputation with allegations of extortion and loansharking simply to seek revenge.
Paolo Catania, 43, president of Construction Frank Catania & Associés, said he will contest “with vigour” criminal charges filed last week based on a complaint by a former friend. He also denied a statement that friend, Elio Pagliarulo, made in a sworn affidavit alleging both he and Catania “were in the loansharking business together.”
“He wants to hurt me. I basically contributed to putting him into bankruptcy. He’s trying to hurt my family and my business,” said Catania during a press conference held at his company’s offices in Brossard, located on a street that shares his family’s name.
“I have never been in the loansharking business. I would never even dream about being in such a business,” said Catania who is not charged with loansharking but was formally accused last week of threatening and attempting to extort money out of Pagliarulo.
The criminal charges were made public Friday, the same day the city of Montreal’s executive committee announced Catania’s construction company was awarded more than $5 million in contracts for infrastructure work in the St. Laurent borough.
The company’s dealings with the city of Montreal were already under a microscope. It was revealed last year it had purchased a 38-hectare lot, the Faubourg Contrecoeur, from the Societé d’habitation et de developpement de Montréal for a fraction of its value, according to the municipal evaluation.
Catania confirmed Monday he lent Pagliarulo $1.4 million over three years. He said it was to help a friend expand his company, a chain of bakeries, into other ventures.
Catania also said he began legal proceedings against Pagliarulo near the end of December, when he defaulted on the loan. Catania said he was seeking $1.4 million through the lawsuit and his management company obtained a judgment in its favour on Feb. 23. This decision contributed to Pagliarulo’s bankruptcy in July.
“I would like to point out that during all the proceedings against Mr. Pagliarulo, he threatened to make public all our different business with the goal, evidently, of ruining my personal reputation and that of my company and of my family.”
According to an interview Pagliarulo gave to La Presse, the finance company he created, with Catania’s money, ended in disaster and Catania began threatening his life. Pagliarulo also alleged that on Aug. 1 he was assaulted, briefly held against his will by a group of men and was warned to pay back Pagliarulo. He said he suffered injuries to his face that required surgery; days later, his estranged wife received a funeral floral arrangement.
One of two lawyers present at Catania’s news conference challenged Pagliarulo’s credibility and noted he was named in an affidavit filed in connection with Project Colisée, the police investigation into the Montreal Mafia. In it Pagliarulo is alleged to have helped launder money for Francesco Del Balso, a Mob leader currently in prison term for drug trafficking and other charges produced through Colisée.
Catania’s father, Frank, founder of the construction company, is also mentioned in an affidavit filed as part of Projet Colisée. Frank Catania originated from Cattolica Eraclea, the same village in Sicily as reputed Mob boss Nicolo Rizzuto.
In November 2005, Rizzuto’s son-in-law, Paolo Renda, was recorded, during a wiretapped conversation, discussing a gift he and the other four other reputed heads of the Mafia, including Nicolo Rizzuto and his son Vito, wanted to give to Frank Catania for his retirement.
On Monday, Paolo Catania shrugged off the recording and noted his father received retirement gifts from many law-abiding members of his community.
“My father has been in this community for 40 years, since 1961. He knows many people in the Sicilian-Italian community,” Catania said. “We are 15,000 (people) from Cattolica Eraclea in Montreal and many of those people sent my father gifts for his merit, for his contribution to his community in business and socially.”
Catania’s case returns to court on Nov. email@example.com
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Drug suspect surrenders after three years on run
The RCMP has arrested a man who had been on the run for the last three years following a big crackdown on organized crime.
Carlos Narvaez Orellana, 31, recently surrendered to police and was arraigned Monday on drug and gangsterism charges. Orellana remains behind bars pending a bail hearing.
The RCMP says several people conspired to import 1,300 kilos of cocaine into Canada inside containers.
The crime crackdown, called Operation Colisee, led to about 1,000 charges against 90 people including Nicolo Rizzuto Sr., the father of reputed mob boss Vito Rizzuto.
Three men are still wanted in Project Colisee: Giuseppe De Vito, Ralph Duval and Angelo Follano.
Anyone with information on the whereabouts of the trio are asked to call the Info-Gang hotline at 1-800-659-4264 or 1-800-771-5401.