A trial date for two key defendants in the federal government’s years-long investigation into alleged organized crime in Buffalo has been set for June 21.
U.S. District Judge John L. Sinatra Jr. scheduled the jury trial for the first day of summer after defense attorneys repeatedly complained that they will need an extended amount of time to review the government’s evidence that has yet to be shared with them.
Cheektowaga strip club owner Peter G. Gerace Jr., the nephew of a man prosecutors claim is the head of the Buffalo Mafia, was charged in February 2021 with paying some of the $250,000 in bribes reportedly accepted by now retired U.S. Drug Enforcement Administration Agent Joseph S. Bongiovanni.
Bongiovanni is accused of shielding Gerace and others he believed were connected to organized crime from the scrutiny of other drug investigators and coaching Gerace and others on what to say if they were questioned.
Gerace is the nephew of Joseph A. Todaro, whom federal agents and Tripi have identified in court and in reports as the head of the Buffalo Mafia. Todaro denies having anything to do with organized crime. He has not been charged in the government’s investigation.
Gerace and Bongiovanni – childhood friends who have pleaded not guilty – sat at separate defense tables at Wednesday’s court proceedings.
And while a trial date was set, Bongiovanni’s attorney James P. Harrington successfully argued for more time to prepare a motion seeking a separate trial for his client. Harrington said some of the charges against Gerace have nothing to do with Bongiovanni.
In addition to the bribery charge, Gerace has been indicted on charges of conspiracy to defraud the United States; maintaining a drug involved premises; conspiracy to distribute controlled substances; and conspiracy to commit sex trafficking at Pharaoh’s Gentlemen’s Club on Aero Drive.
Bongiovanni is accused of accepting bribes from 2009 to 2019. He was arrested in October 2019. Other charges against him include two counts of conspiracy to defraud the United States; two counts of conspiracy to distribute controlled substances; seven counts of obstruction of justice; and two counts of making false statements to a federal agency.
Assistant U.S. Attorney Joseph M. Tripi estimated it will take him six to eight weeks to present his case, given the number of people he intends to call as witnesses. The prosecution’s witness list numbers about 100, but Tripi told the judge he is trying to shorten it.
Gerace’s attorneys, Steven M. Cohen and Joseph M. LaTona, expressed concern that the government has yet to provide any meaningful evidence on which they can build a defense strategy.
“I have no evidence of a crime committed by Mr. Gerace. I don’t have the names of a single witness. I am befuddled,” Cohen said. “I’ve got to have the grand jury testimony to study it.”
Cohen also argued that pre-trial home confinement restrictions on Gerace are unfair, disputing claims that he is dangerous.
“My client has been a prisoner in his own home with an ankle bracelet,” Cohen said.
Gerace, a Clarence resident, is allowed to leave his home from 7 a.m. to 11 a.m. to go to his club and conduct business.
Sinatra said Cohen should submit a motion to modify the conditions of Gerace’s release.
Bongiovanni remains free on a $250,000 bail bond.
