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At trial, the principal government witness was Jeffrey Pokross.
Pokross, until he was arrested in 1996 and agreed to cooperate with the government, had been an associate of the Bonanno organized crime family (see Trial Transcript ("Trial Tr.") at 2504-05). Pokross was a principal in DMN Capital Investments, Inc. ("DMN Capital" or "DMN"), a small firm in Manhattan that provided investment banking and stock promotion services to small companies. His partners in that firm included James ("Jimmy") Labate, "a high level ... associate" of the Gambino Crime Family (id. at 2504); and the affairs of DMN Capital were overseen by Robert Lino, a "captain or capo in the Bonan [n]o crime family" (id. at 2930). With Pokross's cooperation many conversations were recorded, as the government obtained court authorization to install microphones in DMN Capital's offices, and Pokross wore a wire for meetings at other locations.
CONCLUSION We have considered all of defendants' contentions on these appeals and have found in them no basis for reversing the convictions. In light of the Supreme Court's decision in Booker and this Court's decision in Crosby, we remand to the district court for consideration by the sentencing judges, in conformity with Crosby, of whether any of these defendants would have received custodial or supervisory sentences that are non-trivially different from those that were imposed if the Guidelines had been advisory, and if so, for the resentencing of that defendant.
Insofar as the amended judgments against Laken and Reifler ordered restitution, the amended judgments are vacated, and the cases against Laken and Reifler are remanded for further proceedings on restitution not inconsistent with this opinion. https://law.justia.com/cases/federal/appellate-courts/F3/446/65/554743/