Serio Day 1

02:13PM 1 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

2
_________________________________
3 UNITED STATES OF AMERICA,
Case No. 1:19-cr-227
4 Plaintiff, (LJV)
v.
5 March 11, 2024
JOSEPH BONGIOVANNI,
6
Defendant.
7
8 TRANSCRIPT EXCERPT - TESTIMONY OF RONALD SERIO

BEFORE THE HONORABLE LAWRENCE J. VILARDO
9 UNITED STATES DISTRICT JUDGE
10
APPEARANCES: TRINI E. ROSS, UNITED STATES ATTORNEY
11 BY: JOSEPH M. TRIPI, ESQ.
NICHOLAS T. COOPER, ESQ.
12 CASEY L. CHALBECK, ESQ.
Assistant United States Attorneys
13 Federal Centre
138 Delaware Avenue
14 Buffalo, New York 14202
And
15 UNITED STATES DEPARTMENT OF JUSTICE
BY: JORDAN ALAN DICKSON, ESQ.
16 1301 New York Ave NW
Suite 1000
17 Washington, DC 20530-0016
For the Plaintiff
18
SINGER LEGAL PLLC
19 BY: ROBERT CHARLES SINGER, ESQ.
80 East Spring Street
20 Williamsville, New York 14221
And
21 LAW OFFICES OF PARKER ROY MacKAY
BY: PARKER ROY MacKAY, ESQ.
22 3110 Delaware Avenue
Kenmore, New York 14217
23 For the Defendant
24 PRESENT: BRIAN A. BURNS, FBI Special Agent

MARILYN K. HALLIDAY, his Special Agent
25 KAREN A. CHAMPOUX, USA Paralegal
USA v Bongiovanni - Serio - Tripi/Direct - 3/11/24
2
1 LAW CLERK: REBECCA FABIAN IZZO, ESQ.
2 COURT DEPUTY CLERK: COLLEEN M. DEMMA
3 COURT REPORTER: ANN MEISSNER SAWYER, FCRR, RPR, CRR

Robert H. Jackson Federal Courthouse
4 2 Niagara Square
Buffalo, New York 14202
5 Ann_Sawyer@nywd.uscourts.gov
7 * * * * * * *
9 (Excerpt commence at 2:14 p.m.)
02:14PM 10 (Jury seated at 2:13 p.m.)
02:14PM 11 THE COURT: Welcome back, folks. The record will
02:14PM 12 reflect that all our jurors are present.
02:14PM 13 The government can call its next witness.
02:14PM 14 MR. TRIPI: We call Ron Serio, Your Honor.
02:14PM 15
02:15PM 16 R O N A L D S E R I O, having been duly called and sworn,
02:15PM 17 testified as follows:
02:15PM 18 MR. TRIPI: May I proceed, Your Honor?
02:15PM 19 THE COURT: You may.
02:15PM 20 MR. TRIPI: Thank you, Your Honor.
02:15PM 21
02:15PM 22 DIRECT EXAMINATION BY MR. TRIPI:
02:15PM 23 Q. Good afternoon, Mr. Serio.
02:15PM 24 A. Good afternoon.
02:15PM 25 Q. Mr. Serio, I'm going to ask you to the best of your
3
02:15PM 1 ability to keep your voice up a little bit. You don't have
02:15PM 2 to speak right into the mic, but keep your voice up.
02:15PM 3 Mr. Serio, how old are you?
02:15PM 4 A. 47.
02:15PM 5 Q. Now, as you sit there today, I'm not going to ask you
02:15PM 6 where you live, but who do you live with?
02:15PM 7 A. My parents.
02:15PM 8 Q. And where did you grow up?
02:15PM 9 A. Tonawanda.
02:15PM 10 Q. Would that be city or town?
02:15PM 11 A. Town of Tonawanda.
02:15PM 12 Q. And how far have you gone in school?
02:15PM 13 A. Graduated high school.
02:15PM 14 Q. What high school did you graduate from?
02:15PM 15 A. Kenmore East.
02:15PM 16 Q. And did you go to some different high schools?
02:16PM 17 A. Yes.
02:16PM 18 Q. What different high schools did you go to before
02:16PM 19 graduating from Kenmore East?
02:16PM 20 A. O'Hara and Kenmore West.
02:16PM 21 Q. Do you have an employment history?
02:16PM 22 A. Yes.
02:16PM 23 Q. What types of jobs have you done?
02:16PM 24 A. Basically construction. Well, I had my own business
02:16PM 25 doing construction.

4
02:16PM 1 Q. We'll get to your own businesses in a moment, but in
02:16PM 2 terms of before you started any of your own businesses, what
02:16PM 3 kind of work did you do?
02:16PM 4 A. I was a busboy when I was 16. And I was a pizza delivery
02:16PM 5 driver when I was 19.
02:16PM 6 Q. How did you learn to do construction work?
02:16PM 7 A. My father and my brother.
02:16PM 8 Q. You indicated you have a brother. What's his name?
02:16PM 9 A. Tom Serio.
02:16PM 10 Q. Are you older or younger than him?
02:16PM 11 A. Younger.
02:16PM 12 Q. How old is your brother, Tom?
02:16PM 13 A. He's 49.
02:16PM 14 Q. And do you have a sister?
02:16PM 15 A. Yes.
02:16PM 16 Q. What's her name?
02:16PM 17 A. Carrie Serio.
02:17PM 18 Q. And how old is she?
02:17PM 19 A. She's 44.
02:17PM 20 Q. Historically, what did your parents do for a living when
02:17PM 21 you were growing up?
02:17PM 22 A. My mother worked at M&T Bank, my father worked at Dunlop.
02:17PM 23 Q. And when you say Dunlop, that's Dunlop Tire?
02:17PM 24 A. Tire, correct.
02:17PM 25 Q. What was his job there?

5
02:17PM 1 A. He was a tire maker.
02:17PM 2 Q. He made tires?
02:17PM 3 A. Yes.
02:17PM 4 Q. What did your mother do at M&T Bank?
02:17PM 5 A. She started off as a teller, and then became manager for
02:17PM 6 all the ATMs.
02:17PM 7 Q. She managed the ATMs?
02:17PM 8 A. Yeah, like anything on the East Coast, she overseen the
02:17PM 9 installation.
02:17PM 10 Q. Did your mom retire from M&T Bank?
02:17PM 11 A. Yes.
02:17PM 12 Q. Did your dad retire from Dunlop?
02:17PM 13 A. Yes.
02:17PM 14 Q. Now, at some point when you were going to high school,
02:17PM 15 did you start to focus less on school and did you get into
02:17PM 16 using drugs?
02:17PM 17 A. Yes.
02:17PM 18 Q. What type of drug did you first get into using?
02:17PM 19 A. Marijuana and LSD.
02:18PM 20 Q. About how old were you when you first tried those drugs?
02:18PM 21 A. About 14.
02:18PM 22 Q. What high school were you at?
02:18PM 23 A. O'Hara.
02:18PM 24 Q. And did that sort of start you down a path where you
02:18PM 25 began to use marijuana but also selling it?

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02:18PM 1 A. Yes.
02:18PM 2 Q. Did it start by sort of selling to friends in high
02:18PM 3 school?
02:18PM 4 A. Yes.
02:18PM 5 Q. And about how old were you when you first started your
02:18PM 6 hand at selling marijuana in the high school scene?
02:18PM 7 A. 14, 15.
02:18PM 8 Q. Do you remember who your first supplier was?
02:18PM 9 A. My cousin, Gordie Hinkley.
02:18PM 10 Q. Eventually as time went on -- withdrawn.
02:18PM 11 When you're 14, 15, give the jury an idea of how much
02:18PM 12 marijuana are you selling?
02:18PM 13 A. I would get like 4 ounces and break it down, sell it into
02:18PM 14 8, 3-and-a-half grams, 7 grams, to friends.
02:19PM 15 Q. Over time, would that eventually progress?
02:19PM 16 A. Yes.
02:19PM 17 Q. We'll get to that in a little bit later, okay?
02:19PM 18 A. Okay.
02:19PM 19 Q. Eventually in the course of your sort of marijuana
02:19PM 20 selling career, did you learn how to -- did you learn how to
02:19PM 21 grow marijuana?
02:19PM 22 A. Yes.
02:19PM 23 Q. When did you learn that?
02:19PM 24 A. Believe it was in the early 2000s.
02:19PM 25 Q. How did you learn to grow marijuana?

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02:19PM 1 A. Just reading books.
02:19PM 2 Q. So you were self-taught?
02:19PM 3 A. Yes.
02:19PM 4 Q. Where did you start growing it?
02:19PM 5 A. I was doing real estate, and I would buy houses and flip
02:19PM 6 them, and sometimes on an empty house, I would set up a grow
02:19PM 7 room and grow once or twice in them.
02:19PM 8 Q. So that was in the early 2000s?
02:20PM 9 A. Yeah, I believe it was 2001, 2002.
02:20PM 10 Q. And we'll go through the timeline in more detail. But
02:20PM 11 eventually did you start getting into other drugs for
02:20PM 12 distribution?
02:20PM 13 A. Yes.
02:20PM 14 Q. What are some of other drugs that you distributed?
02:20PM 15 A. Cocaine.
02:20PM 16 Q. And when -- when did that come into play for you?
02:20PM 17 A. There's a period in 2008, or 2007 for almost a year, and
02:20PM 18 then later on, on and off, and 2013, up to my arrest.
02:20PM 19 Q. And your arrest, just for frame of reference, was
02:20PM 20 April 18th?
02:20PM 21 A. 2017.
02:20PM 22 Q. Okay. Now, when you were 18 years old, around that time?
02:20PM 23 A. Yes.
02:20PM 24 Q. So we're going back a ways.
02:20PM 25 A. Okay.
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02:20PM 1 Q. Were you getting marijuana from someone, but the ultimate
02:21PM 2 supplier was Mike Masecchia?
02:21PM 3 A. Yes.
02:21PM 4 Q. How did you learn that the ultimate supplier, that the
02:21PM 5 marijuana you were getting when you were 18, was coming from
02:21PM 6 Mike Masecchia?
02:21PM 7 A. I was told that they would -- they would grow with him
02:21PM 8 and they were getting it from him.
02:21PM 9 Q. And who was that person between you and Masecchia at that
02:21PM 10 time?
02:21PM 11 A. At that time, it was Lou Lovallo and then eventually Joe
02:21PM 12 Tomasello.
02:21PM 13 Q. Okay. And who was Lou Lovallo, just because that's a
02:21PM 14 name --
02:21PM 15 A. Someone from North Buffalo that I knew.
02:21PM 16 Q. And who was Joe Tomasello?
02:21PM 17 A. Someone from North Buffalo.
02:21PM 18 Q. So someone you had met over time?
02:21PM 19 A. Yeah, over time.
02:21PM 20 Q. Now, when you're around 18 years old and you learn that,
02:21PM 21 you know, Masecchia is essentially supplying you through,
02:21PM 22 first, Lou Lovallo and then Joe Tomasello, what amounts were
02:22PM 23 you getting at that point in time?
02:22PM 24 A. At that time, it was in, you know, half pounds, like
02:22PM 25 maybe a pound at the most.

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02:22PM 1 Q. And so you're 47 now, we're talking roughly 19 years
02:22PM 2 ago --
02:22PM 3 A. Yeah.
02:22PM 4 Q. -- or 20 years ago?
02:22PM 5 A. 20 -- almost 30 years ago.
02:22PM 6 Q. 30 years ago, another math issue. At that time, did you
02:22PM 7 know what Masecchia's day job was?
02:22PM 8 A. School teacher.
02:22PM 9 Q. At what level, do you know what level he taught at?
02:22PM 10 A. Not at that time, I didn't know.
02:22PM 11 Q. Eventually did you learn?
02:22PM 12 A. Yes.
02:22PM 13 Q. Eventually what did you learn?
02:22PM 14 A. An English teacher.
02:22PM 15 Q. Grammar school, grade school?
02:22PM 16 A. Oh, high school.
02:22PM 17 Q. High school? Now over time, as you got older, did your
02:22PM 18 relationship with Masecchia evolve?
02:22PM 19 A. Yes.
02:22PM 20 Q. As your drug dealing evolved, would you characterize you
02:23PM 21 and him as partners?
02:23PM 22 A. Yes.
02:23PM 23 Q. Eventually, did your operations grow to the point where
02:23PM 24 you were able to purchase and live in a mansion?
02:23PM 25 A. Yes.
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02:23PM 1 Q. Where was that located?
02:23PM 2 A. 697 Lebrun in Amherst.
02:23PM 3 Q. And we'll go through that timeline. But what year did
02:23PM 4 you buy and move into that home?
02:23PM 5 A. I bought in 2011. I moved into it in 2012, because I
02:23PM 6 remodeled it.
02:23PM 7 Q. When you bought it in 2011, where were you living?
02:23PM 8 A. 125 Huntington Court.
02:23PM 9 Q. And where is that?
02:23PM 10 A. In Williamsville.
02:23PM 11 Q. Okay. Is that a home you owned?
02:23PM 12 A. Yes.
02:23PM 13 Q. And you said you were living there while you remodeled
02:23PM 14 Lebrun?
02:23PM 15 A. Correct.
02:23PM 16 Q. And early 2012, you moved into Lebrun?
02:23PM 17 A. I believe it was later in 2012.
02:24PM 18 Q. Late 2012, sorry?
02:24PM 19 A. Yeah, it took almost a year to remodel it.
02:24PM 20 Q. And the remodeling you were doing to your house, were you
02:24PM 21 using money you made selling drugs to remodel the house?
02:24PM 22 A. Yes.
02:24PM 23 Q. Hiring contractors to do the work?
02:24PM 24 A. Yes.
02:24PM 25 Q. Was hiring contractors to remodel the house at 697

11
02:24PM 1 Lebrun, was that a way that you were cleaning your money?
02:24PM 2 A. Yeah, it's one of the ways.
02:24PM 3 Q. And when I say the term "cleaning money," what do you --
02:24PM 4 what do you understand that to mean?
02:24PM 5 A. Using illegal money to make it legitimate.
02:24PM 6 Q. So you invested in your mansion?
02:24PM 7 A. Yes.
02:24PM 8 Q. What kinds of work did you do to your mansion?
02:24PM 9 A. Remodeled the kitchen, all of the bathrooms, new
02:24PM 10 electric, new plumbing, basically everything, windows.
02:25PM 11 Q. Did you do any work to the pool?
02:25PM 12 A. Pool, redid the pool.
02:25PM 13 Q. Did you do any work to the tennis court?
02:25PM 14 A. Yes, redid the tennis court.
02:25PM 15 Q. How much money did you pour into your home?
02:25PM 16 A. I believe it was 700,000.
02:25PM 17 Q. And how much did you purchase it for?
02:25PM 18 A. 700,000 -- 715-.
02:25PM 19 Q. So you bought it for 715-, and you spent another 700,000
02:25PM 20 on it?
02:25PM 22 Q. So all totalled, a little over 1.4 million?
02:25PM 24 Q. And when you paid these contractors to work on the house,
02:25PM 25 did you pay them in cash?

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02:25PM 1 A. Sometimes cash, but a lot of times checks also, I mean, I
02:25PM 2 did have legitimate income, and I won a lot of money
02:25PM 3 gambling, so it was just a combination of everything.
02:25PM 4 Q. Combination of both?
02:25PM 5 A. Yes.
02:25PM 6 MR. TRIPI: Can we show Mr. Serio a photo of Exhibit
02:26PM 7 42A-33 in evidence. Can we zoom in on it?
02:26PM 8 BY MR. TRIPI:
02:26PM 9 Q. Is that the home that you purchased at 697 Lebrun that
02:26PM 10 you spent money to remodel and then moved into in 2012?
02:26PM 11 A. Yes.
02:26PM 12 Q. What approximate month in 2012 did you move into there?
02:26PM 13 A. I want to say November. I could be wrong with that. I
02:26PM 14 know it was the fall.
02:26PM 15 Q. The fall of 2012?
02:26PM 16 A. Yes.
02:26PM 17 Q. Is your best estimate?
02:26PM 18 A. Yes.
02:26PM 19 MR. TRIPI: And can we show Mr. Serio 42A-34? Zoom
02:26PM 20 in on that.
02:26PM 22 Q. Is this just another angle of the residence?
02:26PM 23 A. Yes.
02:26PM 24 MR. TRIPI: And can we do the aerial view, 42A-35?
25
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02:26PM 2 Q. Is this an over -- aerial view of the property there?
02:27PM 3 A. Yes.
02:27PM 4 Q. So at the top, we see what looks to be a tennis court; is
02:27PM 5 that right?
02:27PM 6 A. Yes.
02:27PM 7 Q. What type of work did you have done on that?
02:27PM 8 A. I had it resurfaced.
02:27PM 9 Q. And then behind the house, is that a pool with a hot tub?
02:27PM 10 A. Yes, yes.
02:27PM 11 Q. What type of work did you have done on that?
02:27PM 12 A. I had the hot tub put in, and the concrete around it, and
02:27PM 13 the pool refinished.
02:27PM 14 Q. Okay. And then there's a structure sort of next to the
02:27PM 15 pool that I've circled for your ease of reference. What is
02:27PM 16 that building?
02:27PM 17 A. That's a pool house.
02:27PM 18 Q. Did you have any work done on there?
02:27PM 19 A. I had that built.
02:27PM 20 Q. So that didn't exist before you purchased --
02:27PM 22 Q. Okay. And then there is another building sort of next
02:27PM 23 to -- closer to the house next to the house, what is that?
02:27PM 24 A. That's the garage.
02:27PM 25 Q. Did you have any work done on the garage?

14
02:28PM 1 A. Upstairs, there was a little apartment I redid.
02:28PM 2 Q. And you've already indicated the work you've done in the
02:28PM 3 main house?
02:28PM 5 Q. Now, did your -- did your property have a gate at the
02:28PM 6 exterior?
02:28PM 7 A. Yes.
02:28PM 8 Q. How -- how did you get into the property? How would one
02:28PM 9 get into the property?
02:28PM 10 A. A code or a clicker.
02:28PM 11 Q. You're tapping your pointer and thumb together, are you
02:28PM 12 indicating --
02:28PM 13 A. Yes.
02:28PM 14 Q. -- like a fob?
02:28PM 15 A. Yeah, a key fob, yeah.
02:28PM 16 Q. Okay. How about the doors? Were the doors to the actual
02:28PM 17 house opened by key, or were there -- could you code into it?
02:28PM 18 A. Code.
02:28PM 19 Q. Did you have new doors on the house?
02:28PM 20 A. Yes, well, two of them were old, and two of them I had
02:28PM 21 new.
02:28PM 22 Q. Okay. Now I'd like to get into sort of an overview of
02:28PM 23 your drug distribution activities over time just a --
02:28PM 24 A. Okay.
02:28PM 25 Q. -- general overview, okay?

15
02:28PM 1 A. Yep.
02:29PM 2 Q. Between approximately the years of 2008 and your ultimate
02:29PM 3 arrest on April 18th, 2017, how much total cocaine did you
02:29PM 4 and others that were working with you possess with intent to
02:29PM 5 distribute and distribute during that period of time?
02:29PM 6 A. I'm not exactly sure the exact amount, but I would say at
02:29PM 7 least 5 kilos.
02:29PM 8 Q. So 5 kilos or more?
02:29PM 9 A. Yeah.
02:29PM 10 Q. Between that same window of time, between approximately
02:29PM 11 2008 and April 18th, 2017, approximately how many total
02:29PM 12 marijuana plants did you help grow or grow for distribution?
02:29PM 13 A. Again, I don't have an exact number, but it would be in
02:29PM 14 the thousands.
02:29PM 15 Q. Well over a thousand?
02:29PM 16 A. Yeah, well over a thousand.
02:29PM 17 Q. Between those same points in time, approximately 2008 and
02:30PM 18 April 18th, 2017, how many total pounds of marijuana did you
02:30PM 19 and others possess with intent to distribute and distribute?
02:30PM 20 A. Say a minimum of 5-, probably closer to 10,000 pounds.
02:30PM 21 Q. So, if that math is right, that's between 2,267 kilos and
02:30PM 22 4,435 kilos; is that right?
02:30PM 23 A. I guess.
02:30PM 24 Q. Okay. Between those same dates, from 2000 to
02:30PM 25 approximately April 18th, 2017, did you acquire fake

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02:30PM 1 oxycodone pills that were really fentanyl?
02:30PM 2 A. Yes.
02:30PM 3 Q. Was that sort of right along that timeline?
02:30PM 4 A. Right around that timeline.
02:30PM 5 Q. Did you both use and distribute those pills?
02:30PM 6 A. Yes.
02:30PM 7 Q. During that time period, how many of those types of pills
02:30PM 8 would you estimate you acquired?
02:31PM 9 A. 16,000. 4,000, four times.
02:31PM 10 Q. Okay. And what percentage of those would you estimate
02:31PM 11 you distributed to others?
02:31PM 12 A. Probably 25 percent. The most of them, I did myself.
02:31PM 13 Q. Okay. And what time period of that timeline, when did
02:31PM 14 those pills start coming into play?
02:31PM 15 A. Late 2015 to my arrest.
02:31PM 16 Q. So late 2015, to approximately April 18th, 2017?
02:31PM 17 A. Yeah, correct. Yep.
02:31PM 18 Q. Now, at certain points between those dates, between
02:31PM 19 approximately 2008 and April 18th, 2017, did you pay money
02:31PM 20 through Mike Masecchia to a federal agent for protection of
02:32PM 21 your drug-trafficking activities?
02:32PM 22 A. Yes.
02:32PM 23 MR. MacKAY: Objection.
02:32PM 24 THE COURT: Basis?
02:32PM 25 MR. MacKAY: Judge, it's going to be a foundation

17
02:32PM 1 issue about what was or wasn't paid through Mike Masecchia to
02:32PM 2 elsewhere.
02:32PM 3 THE COURT: If that's the objection, overruled.
02:32PM 5 Q. And we'll get into this in more detail. Who did you pay
02:32PM 6 for the protection?
02:32PM 7 A. Who did I pay the money to?
02:32PM 8 Q. Who were you paying for the protection of?
02:32PM 9 A. Of Joe Bongiovanni.
02:32PM 10 Q. And where did he work?
02:32PM 11 A. The DEA.
02:32PM 12 Q. And who were you working with to pay the agent?
02:32PM 13 Different question.
02:32PM 14 A. Mike Masecchia.
02:32PM 15 Q. What was your understanding of what you were paying for?
02:32PM 16 A. For -- to get a heads-up if we were being investigated,
02:32PM 17 and the names of possible informants.
02:32PM 18 Q. Who was involved in passing information back to you from
02:33PM 19 the DEA Agent Bongiovanni?
02:33PM 20 A. Lou Selva.
02:33PM 21 Q. What was your understanding of the relationship between
02:33PM 22 Lou Selva and DEA Agent Bongiovanni?
02:33PM 23 A. That they were best friends since childhood.
02:33PM 24 Q. At certain points in your negotiations with other drug
02:33PM 25 traffickers in other part -- withdrawn.

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02:33PM 1 In certain negotiations, when you were making deals with
02:33PM 2 other sources of supply for marijuana, did you use the fact
02:33PM 3 that you had a DEA agent on your payroll to vouch for the
02:33PM 4 security of your operation during drug deals?
02:33PM 5 A. Yes.
02:34PM 6 Q. Who was the source of supply that you used in your
02:34PM 7 negotiations to arrange bulk marijuana when you -- when you
02:34PM 8 said you had a DEA agent on your payroll?
02:34PM 9 A. Tom Sibick, and he was getting it from Santiago Gail.
02:34PM 10 Q. And Santiago Gail was based out of where?
02:34PM 11 A. Utah.
02:34PM 12 Q. And where was Santiago Gail getting the marijuana from as
02:34PM 13 you understood it?
02:34PM 14 A. California.
02:34PM 15 Q. And are we talking ounces like you sold in high school?
02:34PM 16 A. No, hundreds of pounds.
02:34PM 17 Q. We'll get into those conversations in more detail later,
02:34PM 18 okay?
02:34PM 19 A. Okay.
02:34PM 20 Q. But how much total money would you estimate you paid
02:34PM 21 for for protection from Special Agent Bongiovanni?
02:34PM 22 A. Minimum of a quarter million dollars.
02:34PM 23 Q. Between what approximate dates did you make those
02:35PM 24 payments?
02:35PM 25 A. It was fall 2010 to around April of 2017.

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02:35PM 1 Q. So up to right before you got arrested?
02:35PM 3 Q. Now during that time, did you ever meet Bongiovanni face
02:35PM 4 to face?
02:35PM 5 A. No.
02:35PM 6 Q. Was that by design?
02:35PM 7 A. Yes, sir.
02:35PM 8 Q. Explain for this jury why that was by design not meeting
02:35PM 9 face to face.
02:35PM 10 A. It was separation, there's no reason for me to be around
02:35PM 11 a DEA agent as a drug dealer.
02:35PM 12 And in the drug trade, you kind of just don't give more
02:35PM 13 information than is needed.
02:35PM 14 Q. What do you mean by that? Explain that a little more
02:35PM 15 further to the jury.
02:35PM 16 A. Like, I wouldn't tell everybody that I know when a drug
02:35PM 17 shipment was coming in, because if someone got in trouble,
02:35PM 18 then they know details that can get me in trouble. So it was
02:36PM 19 to kind of avoid getting in trouble.
02:36PM 20 Q. So, in certain ways, information was power?
02:36PM 21 A. Yes.
02:36PM 22 Q. Were there other individuals that were involved in
02:36PM 23 various aspects of your drug network over time?
02:36PM 24 A. Yes.
02:36PM 25 Q. Did you, over time, have a number of different suppliers?

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02:36PM 1 A. Yes.
02:36PM 2 Q. Was Mike Masecchia at one point your supplier before he
02:36PM 3 was your partner?
02:36PM 4 A. Yes.
02:36PM 5 Q. Was another supplier you had at one point Mark Keegan?
02:36PM 6 A. Yes.
02:36PM 7 Q. Is it Keegan?
02:36PM 8 A. Mark Keegan.
02:36PM 9 Q. Keegan. And is Santiago Gail another person who was your
02:36PM 10 supplier?
02:36PM 12 Q. And then after Santiago Gail, did you have a supplier
02:36PM 13 named Jarrett Guy?
02:36PM 15 Q. Now, I should go, Masecchia is local, correct? He's
02:36PM 16 based out of Buffalo?
02:36PM 17 A. Yes, correct.
02:36PM 18 Q. When Keegan was your supplier, where was he based out of?
02:37PM 19 A. New York City.
02:37PM 20 Q. After Keegan, did Santiago Gail become your supplier?
02:37PM 21 A. Yes.
02:37PM 22 Q. And you indicated he was based out of Utah?
02:37PM 24 Q. After Santiago Gail, did Jarrett Guy become your
02:37PM 25 supplier?
21
02:37PM 2 Q. Where was he based out of?
02:37PM 3 A. Out of Vancouver, Canada.
02:37PM 4 Q. And at various times when you were dealing with Jarrett
02:37PM 5 Guy, did that involve some logistics getting it from
02:37PM 6 Vancouver to Buffalo, New York?
02:37PM 7 A. Yes. Well through him, sometimes it would be out of
02:37PM 8 New York City. He had different connections. Some guys had
02:37PM 9 it that he would get from that had it in New York City, and
02:37PM 10 sometimes it would come from Vancouver over the border
02:37PM 11 into -- and sometimes would come right to me in Buffalo,
02:38PM 12 sometimes it would go to Kean, New Jersey, I believe.
02:38PM 13 Q. Okay. When you're dealing with Jarrett Guy, he's based
02:38PM 14 out of Vancouver, sometimes it came from Vancouver?
02:38PM 15 A. Yes.
02:38PM 16 Q. Sometimes you were dealing in the tri-state area?
02:38PM 17 A. Yes.
02:38PM 18 Q. You said Kean, New Jersey?
02:38PM 19 A. Yeah.
02:38PM 20 Q. During the time period where Guy is your main supplier,
02:38PM 21 were there times when you and Anthony Gerace supplied each
02:38PM 22 other back and forth?
02:38PM 24 Q. Who is your cocaine supplier?
02:38PM 25 A. Jimmy Rivera.

22
02:38PM 1 Q. Who was the one who supplied you those fentanyl pills?
02:38PM 2 A. Jarrett Guy.
02:38PM 3 Q. And did Jarrett Guy ever supply you with MDMA?
02:38PM 4 A. Yes.
02:38PM 5 Q. Is that something you asked for?
02:38PM 6 A. No.
02:38PM 7 Q. Can you explain how it came to be where Jarrett Guy
02:38PM 8 supplied you with MDMA for distribution, even though you
02:39PM 9 didn't ask for it?
02:39PM 10 A. He just sent it with one of the shipments and said try to
02:39PM 11 get rid of it if you can. If not, it's not a big deal.
02:39PM 12 Q. How did you do selling that?
02:39PM 13 A. Not -- not good. Didn't sell much of it. Didn't really
02:39PM 14 have a market for it.
02:39PM 15 Q. Is there another word that Guy used for MDMA?
02:39PM 16 A. Ecstasy, maybe.
02:39PM 17 Q. Where did you store that when you couldn't sell it?
02:39PM 18 A. At a warehouse I had at 82 Sycamore Street in Buffalo.
02:39PM 19 Q. When did you buy that?
02:39PM 20 A. In 2005, I believe.
02:39PM 21 Q. And if I said 82 Sycamore and 6 Michigan, is that the
02:39PM 22 same building?
02:39PM 23 A. 608 Michigan.
02:39PM 24 Q. I'm sorry --
02:39PM 25 A. 608 Michigan.

23
02:39PM 1 Q. -- 608 Michigan?
02:39PM 2 A. They're two separate buildings, but they're on the same
02:40PM 3 lot.
02:40PM 4 Q. So they're basically on the corner of Sycamore and
02:40PM 5 Michigan?
02:40PM 7 Q. And did you utilize those warehouses for your drug
02:40PM 8 activities from 2005 up until April of 2017?
02:40PM 9 A. On and off, yes.
02:40PM 10 Q. What types of things did you use the warehouses for on
02:40PM 11 and off during that time?
02:40PM 12 A. Up to 2010, I grew marijuana there on and off. And then
02:40PM 13 from 2010 till -- I'm not sure the exact, like, '13, '14, I
02:40PM 14 just used it for my real estate where I keep my tools and
02:40PM 15 supplies.
02:40PM 16 And then eventually when they had the U-Haul trucks come
02:40PM 17 in, the marijuana came in mulch, and I'D back it in there and
02:40PM 18 unload it in there, and sometimes I'd store stuff in there.
02:40PM 19 Q. Sometimes you'd store marijuana in there?
02:40PM 21 Q. Now, I'd like to ask you about strictly marijuana grow
02:41PM 22 operations for a second.
02:41PM 23 A. Yes.
02:41PM 24 Q. Okay? When I say that, are you thinking of outdoor grows
02:41PM 25 and indoor grows?

24
02:41PM 1 A. Yes.
02:41PM 2 Q. At various points in time, was your brother Tom Serio
02:41PM 3 involved with you in growing marijuana?
02:41PM 4 A. Up to 2010.
02:41PM 5 Q. Is that a yes?
02:41PM 6 A. Yes.
02:41PM 7 Q. And was that in the warehouse?
02:41PM 9 Q. Is he someone who knew about your other operations,
02:41PM 10 you're close with your brother?
02:41PM 11 A. Generally close. I mean, we had some falling-outs where
02:41PM 12 we didn't speak for years, but generally, yes.
02:41PM 13 Q. In other words, your brother knew you were a drug dealer?
02:41PM 14 A. Yes.
02:41PM 15 Q. And at times you knew him to sell drugs as well?
02:41PM 16 A. Yes.
02:41PM 17 Q. Mike Masecchia, is he someone you were involved in the
02:41PM 18 grow operations with?
02:41PM 19 A. Yes.
02:41PM 20 Q. Eventually, was Masecchia involved in all aspects of your
02:41PM 21 operation?
02:41PM 22 A. Yes.
02:41PM 23 Q. Who is John Suppa?
02:41PM 24 A. John Suppa was someone, we had a grow operation at his
02:42PM 25 house.
25
02:42PM 1 Q. What approximate time frame was that?
02:42PM 2 A. That was 2009, and I was partners -- I'm the one that
02:42PM 3 built it and set it up, and I was partners for like a year,
02:42PM 4 but then I didn't want to be involved in it anymore. And
02:42PM 5 they had it going all the way until my arrest I believe.
02:42PM 6 Q. So you set up the grow in Suppa's house at whose request?
02:42PM 7 A. Mike's.
02:42PM 8 Q. Masecchia?
02:42PM 9 A. Yes.
02:42PM 10 Q. Did Suppa also work or have a role at one of your debt
02:42PM 11 collection agencies?
02:42PM 12 A. Yes, yes.
02:42PM 13 Q. What debt collection agency was that?
02:42PM 14 A. That was Upstate Management.
02:42PM 15 Q. And what was his role at that company?
02:42PM 16 A. He was manager.
02:42PM 17 Q. Does he have a brother named Mark Suppa?
02:42PM 18 A. Yes.
02:42PM 19 Q. And did Mark Suppa have a role at Upstate Management?
02:42PM 20 A. Mark? Not Mark. His brother, he had another brother,
02:43PM 21 drawing a blank on his name. But I believe Mark lives in
02:43PM 22 Chicago, but his other brother was a manager, too.
02:43PM 23 Q. Is there a Matt Suppa?
02:43PM 24 A. Matt Suppa, that's it.
02:43PM 25 Q. The two Ms?

26
02:43PM 1 A. Yeah.
02:43PM 2 Q. Okay. Was Lou Selva another person who was involved in
02:43PM 3 the grow operations?
02:43PM 4 A. Yes.
02:43PM 5 Q. At a certain point in time, did you build a grow in his
02:43PM 6 house as well?
02:43PM 7 A. Yes.
02:43PM 8 Q. Describe what you did there.
02:43PM 9 A. Ran the electric and built the room in the basement.
02:43PM 10 Q. And about what year did you do that?
02:43PM 11 A. I want to say it was like 2013, maybe.
02:43PM 12 Q. And as far as you understood it, did that continue for a
02:43PM 13 period of time?
02:43PM 15 Q. Do you know how long that continued?
02:43PM 16 A. That, I don't know.
02:43PM 17 Q. Did you set up a grow in a building for an individual
02:43PM 18 named Martino?
02:43PM 19 A. Yes.
02:43PM 20 Q. And who is that?
02:43PM 21 A. That was a school teacher that Mike worked with at
02:44PM 22 Grover. I believe his house was on Norwalk, I believe.
02:44PM 23 Q. And when did you set up a grow at Martino's house on
02:44PM 24 Norwalk?
02:44PM 25 A. I believe it was 2013.

27
02:44PM 1 Q. Because of your ability to build these grow operations,
02:44PM 2 did you develop a nickname that Masecchia called you?
02:44PM 3 A. Greenie.
02:44PM 4 Q. Now, was that because of growing marijuana, or was it
02:44PM 5 because of making money?
02:44PM 6 A. Both.
02:44PM 7 Q. Did you have a nickname that you called Masecchia?
02:44PM 8 A. The Gorilla.
02:44PM 9 Q. Why did you have a nickname for him the Gorilla?
02:44PM 10 A. Because I heard that when he used to rob bank drops, and
02:44PM 11 he'd wear a Gorilla mask.
02:44PM 12 Q. Was that back in the day?
02:44PM 13 A. Yeah, that was before I knew him.
02:44PM 14 Q. How long before you knew him?
02:44PM 15 A. I don't know his specifics.
02:44PM 16 Q. Do you know who he got in trouble doing those robberies
02:44PM 17 with?
02:44PM 18 A. I know he got in trouble with Wayne Anderson.
02:45PM 19 Q. Were they good friends?
02:45PM 20 A. Yes.
02:45PM 21 Q. Now, in addition to those different grows, did Masecchia
02:45PM 22 have outdoor grows?
02:45PM 23 A. Yes.
02:45PM 24 Q. Where were those located?
02:45PM 25 A. Those were in Franklinville. Franklinville or that

28
02:45PM 1 general area.
02:45PM 2 Q. Is there a road that you associate with those properties?
02:45PM 3 A. One was Morgan Hollow.
02:45PM 4 Q. And when were you -- when did you first become aware of
02:45PM 5 those outdoor grows?
02:45PM 6 A. That was in 2007.
02:45PM 7 Q. We'll get to those in a moment, okay?
02:45PM 8 A. Okay.
02:45PM 9 Q. As time went on, just sort of the broad overview of your
02:45PM 10 operations, did you also have an inner circle of friends who
02:45PM 11 helped to move marijuana?
02:45PM 12 A. Yes.
02:45PM 13 Q. And some cocaine?
02:45PM 14 A. Yes.
02:46PM 15 Q. Was Mark Falzone one of those people?
02:46PM 16 A. Yes.
02:46PM 17 Q. Was Mike Moynihan?
02:46PM 18 A. Yes.
02:46PM 19 Q. Was Matt LoTempio?
02:46PM 20 A. Yes.
02:46PM 21 Q. Was Chris Baker?
02:46PM 22 A. Yes.
02:46PM 23 Q. Was John Robinson?
02:46PM 24 A. Yes.
02:46PM 25 Q. Was Mario Vacanti?

29
02:46PM 1 A. Yes.
02:46PM 2 Q. Was Anthony Gerace?
02:46PM 3 A. Yes.
02:46PM 4 Q. Now, with regard to the DEA Agent Bongiovanni, were you
02:46PM 5 aware of some sort of indirect social connections that you
02:46PM 6 had with him?
02:46PM 7 A. Indirect?
02:46PM 8 Q. Yes.
02:46PM 9 A. I don't understand that.
02:46PM 10 Q. Okay. Did your brother Tom Serio for a time have a
02:46PM 11 relationship with someone who's connected to Mr. Bongiovanni?
02:46PM 12 A. Yes, his sister-in-law.
02:46PM 13 Q. So who did Tom Serio, your brother, date?
02:46PM 14 A. Ashley Schuh.
02:46PM 15 Q. And who is Ashley Schuh?
02:46PM 16 A. Ashley Schuh is his wife's sister.
02:46PM 17 Q. Bongiovanni's wife?
02:46PM 18 A. Yes.
02:46PM 19 Q. Do you know her name?
02:46PM 20 A. Lindsay.
02:46PM 21 Q. So Lindsay Schuh became Lindsay Bongiovanni?
02:47PM 22 A. Yes.
02:47PM 23 Q. And your brother dated Lindsay's sister, Ashley?
02:47PM 25 Q. When was that?

30
02:47PM 1 A. I believe that was 2016.
02:47PM 2 Q. Before your arrest?
02:47PM 3 A. Yes, before my arrest.
02:47PM 4 Q. Now eventually you married a woman named Lauren Fina?
02:47PM 6 Q. When did you marry her?
02:47PM 7 A. 2011.
02:47PM 8 Q. And does she have a friend name Maria Miosi?
02:47PM 9 A. Yes.
02:47PM 10 Q. Is she somehow associated with Mr. Bongiovanni?
02:47PM 11 A. Yes. She's Lindsay's friend.
02:47PM 12 Q. Did Mike Masecchia tell you about his relationship with
02:47PM 13 Defendant Bongiovanni?
02:47PM 14 A. Yes.
02:47PM 15 Q. In terms of how long and the nature of their
02:47PM 16 relationship, what did Masecchia tell you?
02:47PM 17 A. He said he -- they were childhood friends.
02:47PM 18 Q. Did you ever speak to Lou Selva about his relationship
02:48PM 19 with Bongiovanni?
02:48PM 20 A. Yes.
02:48PM 21 Q. What did Lou Selva tell you?
02:48PM 22 A. That he was childhood -- or, best friends with him.
02:48PM 23 Q. Do you know an individual named Frank Parisi?
02:48PM 24 A. Yes.
02:48PM 25 Q. Do you know -- what's your relationship with Frank

31
02:48PM 1 Parisi?
02:48PM 2 A. He's in debt collections, and I bought debt off of him.
02:48PM 3 And he also had a lending company that he lent me money.
02:48PM 4 Q. When you got loans from him, at times did you use some of
02:48PM 5 your loan money to buy drugs?
02:48PM 6 A. Probably. It's hard to say, because it was legitimate
02:48PM 7 loans. So, you know, sometimes I'd pay bills if I was behind
02:48PM 8 on bills and stuff.
02:48PM 9 Q. And at times, did you co-mingle your legitimate money --
02:48PM 10 A. Yeah.
02:48PM 11 Q. -- with your drug money?
02:48PM 12 A. It was all mixed together.
02:49PM 13 Q. Now, did you -- did you have other friends that you know
02:49PM 14 were also friends with the defendant? Or associates, I
02:49PM 15 should say. Associates of yours?
02:49PM 16 A. Well, I knew that Anthony Gerace knew him.
02:49PM 17 Q. Okay. How about Wayne Anderson?
02:49PM 18 A. That, I didn't know that he was friends with him.
02:49PM 19 Q. How about an individual, no relation to mine, named Frank
02:49PM 20 Tripi, do you know that person?
02:49PM 21 A. I know that person, but I don't know him well enough to
02:49PM 22 know if he knew him.
02:49PM 23 Q. Do you know a Mike Sinatra?
02:49PM 24 A. That, I don't know. I mean, I know Mike Sinatra that
02:49PM 25 owns Sinatra's.

32
02:49PM 1 I don't know Mike Sinatra -- I believe he's a landscaper.
02:49PM 2 He was Anthony's friend. I never met him.
02:49PM 3 Q. How about Paul Francoforte, Hot Dog?
02:49PM 4 A. Yeah, I know Hot Dog, but I don't know if he knew him.
02:49PM 5 Q. Are you friend with him?
02:49PM 6 A. Yes.
02:49PM 7 Q. Have you traveled and gambled with him?
02:49PM 8 A. Yes.
02:50PM 9 Q. Who is Frank Burkhart?
02:50PM 10 A. He was an associate of mine.
02:50PM 11 Q. Is he someone who was involved in some of the drug
02:50PM 12 activity with you?
02:50PM 13 A. Yes.
02:50PM 14 Q. And is Frank Burkhart associated with an individual named
02:50PM 15 Robert Kaiser?
02:50PM 16 A. Yes.
02:50PM 17 Q. Did you know Matthew Maglietto?
02:50PM 18 A. Yes.
02:50PM 19 Q. How did you know him?
02:50PM 20 A. He worked for me, and he also dated my wife's cousin.
02:50PM 21 Q. Do you know whether he had a relationship with the
02:50PM 22 defendant's current wife?
02:50PM 23 A. Yes, he had a child with her.
02:50PM 24 Q. So, you made some references to it, but over time, as you
02:50PM 25 progressed in your drug trafficking, did you develop some

33
02:50PM 1 other businesses?
02:50PM 2 A. Yes.
02:50PM 3 Q. Was one of those Serio Development?
02:50PM 4 A. Yes.
02:50PM 5 Q. What was Serio Development?
02:50PM 6 A. Real estate. Buying houses.
02:51PM 7 Q. When did you start that?
02:51PM 8 A. I believe it was 2011. And I had one before that, TRS,
02:51PM 9 me and my brother were partners in real estate before that,
02:51PM 10 but we dissolved that because we couldn't get along.
02:51PM 11 Q. What was it called?
02:51PM 12 A. TRS Enterprises.
02:51PM 13 Q. And when did you start that?
02:51PM 14 A. That was 2001, I believe.
02:51PM 15 Q. 2001?
02:51PM 16 A. Yeah, 2001.
02:51PM 17 Q. At some point, did you also own, like, a sandwich shop or
02:51PM 18 a sub shop on Hertel Avenue?
02:51PM 19 A. Yes, Mike's.
02:51PM 20 Q. What was it called?
02:51PM 21 A. Mike's Fine Fast Food.
02:51PM 22 Q. It was a sub shop?
02:51PM 23 A. Yes.
02:51PM 24 Q. What year did you purchase that?
02:51PM 25 A. It was '96. Yeah, '96, definitely.

34
02:51PM 1 Q. Okay. Did you have a company called Secure Billing
02:51PM 2 Services?
02:51PM 3 A. Yes.
02:51PM 4 Q. Let me stop and go back for a second.
02:52PM 5 Serio Development, once you formalized that in 2011, what
02:52PM 6 was that business involved in?
02:52PM 7 A. Real estate. Buying houses.
02:52PM 8 Q. Basically were you buying and flipping houses?
02:52PM 9 A. Yes.
02:52PM 10 Q. At certain points, did you keep a stable of properties?
02:52PM 11 A. Yes.
02:52PM 12 Q. What was Secured Billing Services?
02:52PM 13 A. It was a processing company for credit cards for debt
02:52PM 14 collectors.
02:52PM 15 Q. When did you start that company?
02:52PM 16 A. I believe it was 2015. '14 or '15.
02:52PM 17 Q. And where was that business located?
02:52PM 18 A. On the corner of Delaware and West Girard, I believe.
02:52PM 19 Q. Is that in Kenmore?
02:52PM 20 A. Yes.
02:52PM 21 Q. Did you have a company called Upstate Management?
02:52PM 22 A. Yes.
02:52PM 23 Q. And what was -- you've referred to it already, but what
02:52PM 24 was that?
02:52PM 25 A. It was a collection agency.

35
02:52PM 1 Q. When did you start that?
02:53PM 2 A. 2010 or 2011.
02:53PM 3 Q. Did you have another business that was called Roycroft?
02:53PM 4 A. Yes.
02:53PM 5 Q. What kind of business was that?
02:53PM 6 A. That was a collection agency also later on from Upstate
02:53PM 7 Management.
02:53PM 8 Q. And when did you open the Roycroft collection agency?
02:53PM 9 A. 2014 or 2015.
02:53PM 10 Q. Now, with regard to those businesses, at certain times
02:53PM 11 did you use those business interests to help you launder drug
02:53PM 12 proceeds?
02:53PM 13 A. Yes.
02:53PM 14 Q. Which of those businesses did you use to help you do
02:53PM 15 that?
02:53PM 16 A. I used Serio Development and Roycroft. And Secured
02:53PM 17 Billing, I believe.
02:53PM 18 Q. And just generally, would that involve as it relates to
02:53PM 19 Serio Development purchasing properties with money that you
02:53PM 20 utilized either through drug dealing?
02:53PM 21 A. Yes.
02:53PM 22 Q. Or did it involve improving the properties with money
02:54PM 23 that you made?
02:54PM 24 A. Both.
02:54PM 25 Q. And then you would --

36
02:54PM 1 A. Sell them.
02:54PM 2 Q. -- improve the property, sell it for a profit?
02:54PM 3 A. Yes.
02:54PM 4 Q. How did you utilize Secure Billing Services to clean your
02:54PM 5 money?
02:54PM 6 A. That was just -- I don't know if it was one or two times
02:54PM 7 where someone gave me money, and I just put money into the
02:54PM 8 account, and I wrote them checks.
02:54PM 9 Q. So were those -- the two you're thinking of, were those
02:54PM 10 people that you had sold drugs to?
02:54PM 11 A. Yes.
02:54PM 12 Q. And then --
02:54PM 13 A. Well, it was just one person, I believe.
02:54PM 14 Q. Who was that?
02:54PM 15 A. That Joe Plevniak.
02:54PM 16 Q. And describe how you helped launder money in that
02:54PM 17 instance.
02:54PM 18 A. He gave me 240,000, and I wrote him checks back to
02:54PM 19 legitimize it.
02:54PM 20 Q. So he gives you drug money, and then you write him checks
02:54PM 21 from your company account?
02:54PM 22 A. Yep.
02:54PM 23 Q. In terms of Serio Development, did you ever sell
02:55PM 24 properties to individuals to help launder money?
02:55PM 25 A. Yes.
37
02:55PM 1 Q. Who did you do that for?
02:55PM 2 A. Jimmy Rivera and Mario Vacanti.
02:55PM 3 Q. And Jimmy Rivera was someone who supplied you with
02:55PM 4 cocaine?
02:55PM 5 A. Yes.
02:55PM 6 Q. What kind of drugs historically did you supply him with?
02:55PM 7 A. Marijuana.
02:55PM 8 Q. And Mario Vacanti, is he someone who sold marijuana with
02:55PM 9 you?
02:55PM 11 Q. And describe for the jury how you used the properties you
02:55PM 12 sold to help clean the drug money; explain it to them.
02:55PM 13 A. I would take the cash and I would use legitimate money to
02:55PM 14 buy the house, and then we put -- use cash to do the
02:55PM 15 improvements, and then I'd put the houses in their names.
02:55PM 16 Q. And the cash you used to do the improvements was drug
02:55PM 17 money?
02:55PM 18 A. Drug money, yes.
02:55PM 19 Q. And then you said you put the house in their name. What
02:55PM 20 do you mean by?
02:55PM 21 A. Well, like Jimmy Rivera, I sold him his house. And it's
02:55PM 22 in his name. So, I sold it to him.
02:55PM 23 Q. Okay. How about Mario Vacanti?
02:56PM 24 A. I transferred the houses into his name.
02:56PM 25 Q. How did you do that?

38
02:56PM 1 A. Quit claim deed.
02:56PM 2 Q. So, one dollar fee?
02:56PM 3 A. Yeah. Correct.
02:56PM 4 Q. Were you good at dealing with money?
02:56PM 5 A. Yes. Well, I mean I was good at making it, but I was bad
02:56PM 6 at spending it though.
02:56PM 7 Q. You spent a lot, right?
02:56PM 9 Q. Did you keep track of your money?
02:56PM 10 A. I did keep track of my money.
02:56PM 11 Q. Eventually did you also start to gamble frequently at
02:56PM 12 casinos?
02:56PM 13 A. Yes.
02:56PM 14 Q. At what point, what year did that really pick up?
02:56PM 15 A. 2011.
02:56PM 16 Q. Is 2011 when you really started to take off making a lot
02:56PM 17 of money selling drugs?
02:56PM 18 A. Yes.
02:56PM 19 Q. How much would you estimate you made that year selling
02:56PM 20 drugs?
02:56PM 21 A. Probably $1 million.
02:56PM 22 Q. And by that point, you had several other companies as
02:57PM 23 well?
02:57PM 24 A. Yes.
02:57PM 25 Q. Were the companies also profitable?

39
02:57PM 1 A. Yes.
02:57PM 2 Q. What casinos did you like to gamble at?
02:57PM 3 A. Seneca Niagara. Fallsview in Niagara Falls. Mount Airy
02:57PM 4 in the Poconos. Mohegan Sun in the Poconos. Tropicana in
02:57PM 5 Atlantic City. And Caesars in Vegas.
02:57PM 6 Q. When you would gamble, were you a high-stakes gambler?
02:57PM 8 Q. Describe what that means.
02:57PM 9 A. 5- to 20,000 a hand.
02:57PM 10 Q. What was that amount?
02:57PM 11 A. 5- to 20,000 per hand.
02:57PM 12 Q. Per hand?
02:57PM 13 A. Yes.
02:57PM 14 Q. When you gambled, was some of the money at least you were
02:58PM 15 gambling with money you made selling drugs?
02:58PM 16 A. Yes.
02:58PM 17 Q. Is that another way to clean the money?
02:58PM 18 A. Yes.
02:58PM 19 Q. Explain that for the jury.
02:58PM 20 A. Well, say I use the money, I'd go with 50,000, win
02:58PM 21 300,000, and I'd get a check and put it in the bank.
02:58PM 22 Q. Now, you referenced it earlier, but on April 18th, 2017,
02:58PM 23 you were arrested on that day, correct?
02:58PM 25 Q. And that same day, did you have properties of yours
40
02:58PM 1 searched by the FBI and Erie County Sheriff's Office?
02:58PM 3 Q. What properties of yours were searched that day?
02:58PM 4 A. 697 Lebrun and I believe it was 18 Grimsby.
02:58PM 5 Q. Could it be 91 Grimsby?
02:58PM 6 A. Yeah, that's it. I'm sorry.
02:58PM 7 Q. And was another location that was part of the searches
02:59PM 8 that day a location at 370 Huntington?
02:59PM 9 A. Yes.
02:59PM 10 Q. And who lived there?
02:59PM 11 A. Kelly Brace.
02:59PM 12 Q. And actually the moment you were arrested, you were at
02:59PM 13 Kelly Brace's house?
02:59PM 14 A. Yes.
02:59PM 15 Q. What were you doing there?
02:59PM 16 A. I was dropping off 19 pounds of marijuana to him.
02:59PM 17 Q. So you were selling him drugs?
02:59PM 18 A. Yes.
02:59PM 19 Q. And what was the value of the 19 pounds of marijuana you
02:59PM 20 were bringing Kelly Brace that day?
02:59PM 21 A. It was around 40,000.
02:59PM 22 Q. So 19 pounds equates to $40,000 worth of marijuana?
02:59PM 23 A. Probably a little less, because it's $2,000 a pound.
02:59PM 24 Q. 38 grand?
02:59PM 25 A. Yeah.
41
02:59PM 1 Q. Now, in terms of your properties, that -- was your Range
02:59PM 2 Rover also impounded and then searched?
02:59PM 3 A. Yes.
02:59PM 4 Q. What year was your Range Rover?
02:59PM 5 A. I don't remember.
02:59PM 6 Q. Was it fairly new by that point?
02:59PM 7 A. Yeah, it was fairly new.
02:59PM 8 Q. Among the items that were seized that day from Grimsby,
03:00PM 9 Lebrun, and your Range Rover, generally, did that include
03:00PM 10 kilograms of marijuana?
03:00PM 11 A. Yes.
03:00PM 12 Q. Did it include cocaine?
03:00PM 13 A. Yes.
03:00PM 14 Q. Did it include various pills including some of those
03:00PM 15 fentanyl pills we talked about?
03:00PM 16 A. Yes.
03:00PM 17 Q. Did it include a firearm?
03:00PM 18 A. Yes.
03:00PM 19 Q. Did it include cell phones?
03:00PM 20 A. Yes.
03:00PM 21 Q. Did it include about $22,000 in cash?
03:00PM 22 A. Yes.
03:00PM 23 Q. When you were arrested that day at Kelly Brace's house,
03:00PM 24 about what time was it?
03:00PM 25 A. I want to say it was around noon.

42
03:00PM 1 Q. Okay. So, tell the jury what happened that day from your
03:00PM 2 perspective.
03:00PM 3 A. I stopped by Kelly's house -- the beginning of the day,
03:00PM 4 or just when I got arrested?
03:00PM 5 Q. Your day, and then leading up to your arrest at Kelly
03:00PM 6 Brace's house.
03:00PM 7 A. So I got up, and Kelly called me. I stopped by his
03:00PM 8 house. He said he wanted 20 pounds, so I went and got it.
03:01PM 9 Q. Where did you get it from?
03:01PM 10 A. I believe I got some from 697 Lebrun and the house on
03:01PM 11 Grimsby, because I didn't have it all at the same place.
03:01PM 12 Q. Okay. Please continue.
03:01PM 13 A. And then I went to Kelly Brace's house, and then I got
03:01PM 14 arrested.
03:01PM 15 Q. In that exact moment you were getting arrested, did you
03:01PM 16 know what agency or who was arresting you?
03:01PM 17 A. No.
03:01PM 18 Q. When the police first approached you, where were you at
03:01PM 19 Kelly Brace's house?
03:01PM 20 A. In his kitchen.
03:01PM 21 Q. And were you handcuffed?
03:01PM 22 A. Yes.
03:01PM 23 Q. Put in the -- in Kelly Brace's kitchen?
03:01PM 24 A. Yes.
03:01PM 25 Q. In that moment, did you ask one of the -- one of the
43
03:01PM 1 people handcuffing you or one of the people who was near you,
03:02PM 2 law enforcement, did you ask a question?
03:02PM 3 A. Yes, I asked if they knew Joe Bongiovanni.
03:02PM 4 Q. And did that member of law enforcement respond to you?
03:02PM 5 A. I believe he asked do you work for him?
03:02PM 6 And then I didn't say anything.
03:02PM 7 He's, like, how do you know him? Do you work for him?
03:02PM 8 Or something like that. And then I didn't say anything.
03:02PM 9 I think I said I want my lawyer.
03:02PM 10 Q. When -- when that officer asked you have you worked for
03:02PM 11 him, what did you understand the officer to be asking you?
03:02PM 12 A. I would say if I worked as an informant for him.
03:02PM 13 Q. So that's what you thought the officer was asking you?
03:02PM 15 Q. And at that point, you asked for your lawyer?
03:02PM 16 A. Yes.
03:02PM 17 Q. At the time, what was your reaction to being arrested?
03:02PM 18 A. I was pissed.
03:03PM 19 Q. Were you charged ultimately later that day by a federal
03:03PM 20 complaint?
03:03PM 21 A. Yes.
03:03PM 22 Q. Did you spend the night in jail?
03:03PM 23 A. Yes.
03:03PM 24 Q. The next day, the next day, did you go to court?
03:03PM 25 A. I went to court, but then they wound up taking me to the

44
03:03PM 1 hospital. I didn't get arraigned, I think, until the next
03:03PM 2 week.
03:03PM 3 Q. By that point in time, in early 2017, April 2017, did you
03:03PM 4 have an addiction?
03:03PM 5 A. Yes.
03:03PM 6 Q. Were you going through withdrawal?
03:03PM 7 A. Severe withdrawal.
03:03PM 8 Q. From what?
03:03PM 9 A. Fentanyl, cocaine, Adderall.
03:03PM 10 Q. When you got to court, did you -- did you review your
03:03PM 11 federal complaint?
03:03PM 12 A. No.
03:03PM 13 Q. Did you have a lawyer?
03:03PM 14 A. Yes.
03:03PM 15 Q. Who was that?
03:03PM 16 A. Herb Greenman.
03:03PM 17 Q. By the time you got to court, did you develop an
03:03PM 18 understanding of the law enforcement agencies that were
03:04PM 19 responsible for arresting you?
03:04PM 20 A. Yes.
03:04PM 21 Q. What agencies did you learn were responsible?
03:04PM 22 A. The sheriffs and the FBI.
03:04PM 23 Q. When you say the sheriffs, is that the Erie County
03:04PM 24 Sheriff's?
45
03:04PM 1 Q. And the FBI?
03:04PM 2 A. Yes.
03:04PM 3 Q. So not the DEA?
03:04PM 4 A. That's correct.
03:04PM 5 Q. For a period of time, were you detained in jail?
03:04PM 6 A. Yes.
03:04PM 7 Q. And you went through withdrawal in there?
03:04PM 9 Q. Briefly describe how that felt for the jury.
03:04PM 10 A. Absolutely horrible. I was stuck in a cell by myself,
03:04PM 11 24 hours a day, with nothing. I couldn't sleep, throwing up,
03:04PM 12 shaking. It was -- it was pretty intense. It's like the flu
03:04PM 13 times a thousand, and a panic attack times a thousand.
03:04PM 14 Q. Now, had it taken some time for you to get to that point
03:04PM 15 in your life where you had that type of addiction?
03:04PM 16 A. Yes, around eight years, nine years.
03:04PM 17 Q. By that point in time -- well, I guess on that score,
03:05PM 18 talk to the jury. We talked about a little bit of the
03:05PM 19 timeline of your drug dealing, we're going to talk about that
03:05PM 20 some more. Talk to the jury about your progress in terms of
03:05PM 21 your own drug use --
03:05PM 22 A. Okay.
03:05PM 23 Q. -- over that same period of time if you would.
03:05PM 24 A. Around 2008, I got prescribed Adderall. And I also hurt
03:05PM 25 my back, so I got Lortabs. I suffered from anxiety and

46
03:05PM 1 depression. And when I started taking them, it was like, I
03:05PM 2 felt like how normal people felt, or I thought how normal
03:05PM 3 people felt. And, actually, for years, that made my life
03:05PM 4 better. I was more sociable, I was able to focus, my mind
03:05PM 5 wasn't all over the place, and my life in every aspect went
03:05PM 6 up.
03:05PM 7 And then all of a sudden, after four years, it started
03:05PM 8 going down, and everyone in my life was telling me I had an
03:06PM 9 addiction. But I was stuck on the feeling that I had, and it
03:06PM 10 just progressed and it destroyed my life.
03:06PM 11 Q. Now, at what year was it when people started telling
03:06PM 12 you you went from, you know, the wrong people knowing to
03:06PM 13 where people started telling you you needed help.
03:06PM 14 A. Probably around 2012, four years after.
03:06PM 15 Q. Hang on. So, four years after 2012?
03:06PM 16 A. No, four years after I started taking it.
03:06PM 17 Q. Okay.
03:06PM 18 A. Because originally when I was taking the drugs, everybody
03:06PM 19 knew I was, and they thought it was making my life better,
03:06PM 20 too, so no one really said anything.
03:06PM 21 But then once they started noticing that I wasn't myself,
03:06PM 22 then they started saying stuff to me about it.
03:06PM 23 Q. Now, from 2012 to your arrest, at times did you consider
03:06PM 24 yourself high functioning even though you were addicted?
03:06PM 25 A. Yes. Basically through the whole -- up to the last year

47
03:06PM 1 of my arrest, I was very high functioning.
03:06PM 2 Q. What do you mean by that?
03:06PM 3 A. Even though there's points where maybe I would have
03:07PM 4 seemed like I was super high, but when I had something to do,
03:07PM 5 I made sure I was capable of doing it.
03:07PM 6 And towards the end, if I got too high, and I know it
03:07PM 7 sounds weird, but I would do cocaine and it would take away
03:07PM 8 the down feeling of the opiates, and I would be able to
03:07PM 9 function.
03:07PM 10 Q. Is that called levelling off?
03:07PM 11 A. Yeah, levelling off.
03:07PM 12 Q. So you used the Lortabs or the opiates, then you used the
03:07PM 13 cocaine?
03:07PM 14 A. Yeah, to offset it if I got too high.
03:07PM 15 Q. Now were you able to keep track of your money?
03:07PM 16 A. I definitely kept track of my money.
03:07PM 17 Q. Now, like the year before, you got arrested in April?
03:07PM 18 A. Yes.
03:07PM 19 Q. In that year, do you recall how much you were claiming in
03:07PM 20 income on your taxes?
03:07PM 21 A. I want to say at least 800,000. I could be wrong though.
03:08PM 22 But in the general range of that.
03:08PM 23 Q. So somewhere near $1 million?
03:08PM 25 Q. And you didn't claim the drug money on your taxes, did
48
03:08PM 1 you?
03:08PM 2 A. No.
03:08PM 3 Q. Why didn't do you that?
03:08PM 4 A. Because it's illegal.
03:08PM 5 Q. Easy way to get caught?
03:08PM 6 A. Very easy way.
03:08PM 7 Q. All right. So, after your arrest, on or about
03:08PM 8 April 27th, 2017, so almost ten days later, do you remember
03:08PM 9 sitting for a proffer interview with your attorney and with
03:08PM 10 the FBI?
03:08PM 11 A. Yes.
03:08PM 12 Q. And tell the jury, what's your understanding of what a
03:08PM 13 proffer interview is?
03:08PM 14 A. It's the -- they question you, and you have to tell the
03:08PM 15 truth about whatever they're questioning you on.
03:09PM 16 Q. Now, I'm going to ask you for that initial proffer, that
03:09PM 17 first one.
03:09PM 18 A. Yes.
03:09PM 19 Q. Did you meet with a prosecutor and some members of the
03:09PM 20 FBI?
03:09PM 21 A. Yes.
03:09PM 22 Q. Do you remember that prosecutor's name?
03:09PM 23 A. His last name is Parisi.
03:09PM 24 Q. If I said Paul Parisi, would that ring a bell?
49
03:09PM 1 Q. Did you go into that first proffer with a certain
03:09PM 2 strategy in your mind?
03:09PM 3 A. Yes.
03:09PM 4 Q. Tell the jury what your strategy was when you walked into
03:09PM 5 that proffer.
03:09PM 6 A. My strategy was to kind of give up the person I was
03:09PM 7 getting the marijuana from in Canada, to kind of deflect from
03:09PM 8 my friends here.
03:09PM 9 Q. And is that person in Canada at the time, was that
03:09PM 10 Jarrett Guy?
03:09PM 11 A. Yes.
03:09PM 12 Q. Based out of Vancouver, Canada?
03:09PM 13 A. Yes.
03:09PM 14 Q. When you did that, were you trying protect your inner
03:09PM 15 circle?
03:09PM 16 A. Yes.
03:10PM 17 Q. Did you plan to walk in there and say, yeah, I'm dealing
03:10PM 18 with Mike Masecchia, Lou Selva, and we're bribing a federal
03:10PM 19 agent?
03:10PM 20 A. No.
03:10PM 21 Q. Why not?
03:10PM 22 A. Because. Multiple reasons.
03:10PM 23 Q. Go ahead, explain it.
03:10PM 24 A. Well, I mean, it's not favorable to be looked upon as an
03:10PM 25 informant, so, and I didn't want to tell my friends. So I

50
03:10PM 1 decided to go with that strategy.
03:10PM 2 Q. At that time, was Mike Masecchia one of your friends?
03:10PM 3 A. Yes.
03:10PM 4 Q. Did you respect him?
03:10PM 5 A. Yes.
03:10PM 6 Q. Did you believe he was connected to Italian Organized
03:10PM 7 Crime?
03:10PM 8 A. Yes.
03:10PM 9 Q. Did you believe that for a long time prior to that date?
03:10PM 10 A. Yes.
03:10PM 11 Q. At a certain point in your relationship, did you even
03:10PM 12 express to Masecchia interest in becoming a made guy?
03:10PM 13 A. I asked him what it took.
03:10PM 14 Q. And what did he tell you?
03:11PM 15 A. He told me shut up and keep making money.
03:11PM 16 Q. Now, you went in there with that plan on your mind. Over
03:11PM 17 time, over a series of interviews, eventually did that plan
03:11PM 18 unravel?
03:11PM 19 A. Yes.
03:11PM 20 Q. Describe how it unraveled.
03:11PM 21 A. It just -- as I went in more and more there was more
03:11PM 22 questions being asked. And I would answer the questions, but
03:11PM 23 never add more to it. But it got to the point where I had to
03:11PM 24 come clean.
03:11PM 25 Q. By that point in time, were there different federal

51
03:11PM 1 agencies asking you the questions?
03:11PM 2 A. Yes.
03:11PM 3 Q. Was one of them an his agent named Curtis Ryan?
03:11PM 4 A. Yes.
03:11PM 5 Q. Were there new prosecutors asking you the questions?
03:11PM 6 A. Yes.
03:11PM 7 Q. Why did you withhold the information as long as you did?
03:12PM 8 A. I mean, I didn't want to inform on my friends, and I was
03:12PM 9 also somewhat scared, too, of Mike Masecchia.
03:12PM 10 Q. Eventually, on July 20th, 2018, you were in another
03:12PM 11 proffer interview; is that right?
03:12PM 13 Q. And during that interview, you were being asked questions
03:12PM 14 about Anthony and Peter Gerace; do you remember that?
03:12PM 15 A. Yes.
03:12PM 16 Q. Was that interview the first time that you mentioned
03:12PM 17 Joseph Bongiovanni providing information?
03:12PM 18 A. I don't recall that exact date. But it seems like the
03:12PM 19 time frame, though.
03:12PM 20 Q. Now sometime after that, eventually by March 7th, 2019,
03:12PM 21 were you called to testify before a federal grand jury?
03:13PM 22 A. Yes.
03:13PM 23 Q. Now, in that grand jury testimony, were you completely
03:13PM 24 honest about that initial grand jury testimony, were you
03:13PM 25 completely honest about bribe payments you made --

52
03:13PM 1 A. No.
03:13PM 2 Q. -- to defendant Bongiovanni?
03:13PM 3 A. No, I minimized it.
03:13PM 4 Q. How did you minimize it?
03:13PM 5 A. By just saying it was a few times.
03:13PM 6 Q. A few payments?
03:13PM 7 A. Yes.
03:13PM 8 Q. Do you remember how much money you told the grand jury
03:13PM 9 initially that you paid?
03:13PM 10 A. It was like 6- or 7,000.
03:13PM 11 Q. And were you short by a lot?
03:13PM 12 A. Very much so.
03:13PM 13 Q. Why did you minimize it? Explain it to this jury.
03:13PM 14 A. Well, I thought that from my understanding, when evidence
03:13PM 15 comes out, they -- it comes out who said what, and if I
03:13PM 16 minimized it, I didn't think Mike would be as mad at me about
03:13PM 17 it.
03:13PM 18 Q. You didn't think Mike who?
03:13PM 19 A. Masecchia, I'm sorry.
03:13PM 20 Q. Now, we talked a little bit about your history of drug
03:13PM 21 use, and I think you said sort of that year before you got
03:14PM 22 arrested, you were at your worst?
03:14PM 23 A. Yes.
03:14PM 24 Q. As you're sitting there today, are you clean?
03:14PM 25 A. Yes.
53
03:14PM 1 Q. How long have you been clean?
03:14PM 2 A. April 18th, it will be seven years.
03:14PM 3 Q. In some ways, are you grateful you got arrested?
03:14PM 4 A. It saved me. It was the worst day of my life, but yet
03:14PM 5 the best day of my life.
03:14PM 6 Q. Is your health different today than it was April 18th of
03:14PM 7 2017?
03:14PM 8 A. Very much so.
03:14PM 9 Q. Explain how.
03:14PM 10 A. Physically and mentally, I've never been better in my
03:14PM 11 life.
03:14PM 12 Q. Is your mindset any different today than was that day?
03:14PM 13 A. Way different.
03:14PM 14 Q. Are you going to withhold information from this jury?
03:14PM 15 A. No.
03:14PM 16 Q. Now, you entered a plea in your case, correct?
03:14PM 18 Q. And that prosecutor, was that AUSA Parisi, right?
03:15PM 20 Q. And who's the judge handling your case?
03:15PM 21 A. Handling the case is Sinatra.
03:15PM 22 Q. That's another judge here in United States District Court
03:15PM 23 for the Western District of New York?
03:15PM 25 Q. And as you sit here, have you pled guilty and are you
54
03:15PM 1 pending sentencing for possession with intent to distribute
03:15PM 2 cocaine and unlawful possession of a firearm?
03:15PM 3 A. Yes.
03:15PM 4 Q. And were those some of the items that were found during
03:15PM 5 the searches of your property at Grimsby and at Lebrun?
03:15PM 6 A. Yes.
03:15PM 7 Q. As part of your plea, did you admit possessing, though,
03:15PM 8 all of the drugs, money, and the firearm that law enforcement
03:15PM 9 seized when they searched your properties on April 17th --
03:15PM 10 April 18th, 2017?
03:15PM 11 A. Yes.
03:15PM 12 Q. As part of your plea, did you also forfeit $100,000 in
03:15PM 13 cash?
03:15PM 14 A. Yes.
03:15PM 15 Q. Did you have to sell your mansion on Lebrun and forfeit
03:15PM 16 the net proceeds of that sale?
03:15PM 17 A. Yes.
03:15PM 18 Q. Did you sell another property related to 626 Richmond
03:16PM 19 Avenue in Buffalo, New York?
03:16PM 20 A. Yes.
03:16PM 21 Q. Did you forfeit another $48,315 that was seized from your
03:16PM 22 person, vehicle, and duffle bag that was at 370 Huntington?
03:16PM 23 A. Yes.
03:16PM 24 Q. In total, is the amount of cash forfeiture about
03:16PM 25 $596,601.69?
55
03:16PM 1 A. Yes.
03:16PM 2 Q. Under your plea agreement, are you facing prison time?
03:16PM 3 A. Yes.
03:16PM 4 Q. Are you hoping to mitigate that prison time by
03:16PM 5 cooperating under the terms of the cooperation portion of
03:16PM 6 your plea agreement?
03:16PM 7 A. Yes.
03:16PM 8 Q. Ultimately, who is your sentence up to?
03:16PM 9 A. The judge.
03:16PM 10 Q. That would be Judge Sinatra?
03:16PM 12 Q. Is there any guarantee of what sentence the judge will
03:17PM 13 impose?
03:17PM 14 A. From my understanding, no.
03:17PM 15 Q. Under that agreement and that cooperation agreement, as
03:17PM 16 well as the oath you took here, what's your obligation as you
03:17PM 17 sit here today?
03:17PM 18 A. To tell the truth.
03:17PM 19 Q. Are you required to testify in any particular way?
03:17PM 20 A. No.
03:17PM 21 Q. Did I tell you what to say?
03:17PM 22 A. No.
03:17PM 23 Q. Has any member of federal law enforcement told you what
03:17PM 24 you need to say?
03:17PM 25 A. Nope.
56
03:17PM 1 Q. I'd like to talk about 82 Sycamore for a moment.
03:17PM 2 A. Yes.
03:17PM 3 Q. Skipped over this, but after you initially got arrested,
03:17PM 4 and after your properties were searched, did you let the FBI
03:17PM 5 know that you had more drugs than they even knew about?
03:17PM 6 A. Yes.
03:17PM 8 A. I notified my lawyer that I had close to 2 kilos of MDMA
03:17PM 9 at the 82 Sycamore address.
03:17PM 10 Q. That was the warehouse?
03:17PM 12 Q. And were those -- is that the MDMA that had come from
03:18PM 13 Jarrett Guy?
03:18PM 14 A. Yes.
03:18PM 15 Q. Through your attorney, did you give the agents permission
03:18PM 16 to go there and get those drugs?
03:18PM 17 A. Yes.
03:18PM 18 Q. Did they do that?
03:18PM 19 A. Yes, they did.
03:18PM 20 Q. Did you help them find it?
03:18PM 21 A. Yes.
03:18PM 22 Q. Describe how for this jury.
03:18PM 23 A. I was in the holding center, and I called my father and
03:18PM 24 he was with the agents. And they couldn't find it, so I
03:18PM 25 directed them where to find it.

57
03:18PM 1 Q. Directed them where to find it in the warehouse?
03:18PM 2 A. Yeah, where to find it in the warehouse.
03:18PM 3 Q. Now, with respect to that drugs, you did say that you
03:18PM 4 sold some of it to people to try to resell?
03:18PM 5 A. Yeah. Just to see if I could get rid of it.
03:18PM 6 Q. And who were some of those people that you distributed
03:18PM 7 some of that MDMA to resell for you?
03:18PM 8 A. I think it was Anthony Gerace and Anthony Mayo and maybe
03:18PM 9 Anthony Greco, I'm not really sure.
03:18PM 10 Q. You're not sure on Anthony Greco?
03:18PM 11 A. Well, I believe it was them, but I don't know if it was
03:19PM 12 anyone else.
03:19PM 13 Q. You're sure of those three?
03:19PM 14 A. Yeah.
03:19PM 15 MR. TRIPI: Just one moment, please, Your Honor.
03:19PM 16 Let's start with actually Exhibit 51A-7. This one's
03:19PM 17 already in evidence, Judge.
03:19PM 19 Q. And can you tell the jury what they're looking at here,
03:19PM 20 Mr. Serio?
03:19PM 21 A. That's 82 Sycamore Street.
03:19PM 22 Q. And so Sycamore is what we're looking at, the street to
03:19PM 23 the right is that Michigan?
03:19PM 24 A. Yeah, that's Michigan.
03:19PM 25 Q. And this is your property?

58
03:19PM 2 Q. That's like a touchscreen like the old John Madden
03:20PM 3 football days next to you.
03:20PM 4 When you would unload the marijuana there that you talked
03:20PM 5 about, is there a bay you would use?
03:20PM 6 A. Yes.
03:20PM 7 Q. Can you circle that for the jury using your finger?
03:20PM 8 MR. TRIPI: Okay. May the record reflect the witness
03:20PM 9 has made a circle on a portion of the property where there
03:20PM 10 appears to be a, like, a brown garage door with some white
03:20PM 11 spray painting on it, Your Honor, on Exhibit 51A-7. Calling
03:20PM 12 it out like that because this is a touchscreen, and as soon as
03:20PM 13 we clear it, the marking will be gone. I'm going to clear it
03:20PM 14 now.
03:20PM 16 Q. Okay. Mr. Serio, I'm also going to show you
03:20PM 17 Exhibit 51A-1 through 51A-6, and I'm going ask you to look at
03:20PM 18 those yourself, and I'm also going to ask you a few more
03:20PM 19 questions.
03:21PM 20 Mr. Serio, have you looked at 51A-1 through 51A-6?
03:21PM 21 A. Yes.
03:21PM 22 Q. Beginning at 51A-1, was that a photo of the portion of
03:21PM 23 the inside of your warehouse?
03:21PM 25 Q. Was 51A-2 another photo of a portion of the inside of

59
03:21PM 1 your warehouse?
03:21PM 3 Q. Was 51A-3 through 51A-6 the MDMA that you had in various
03:21PM 4 layers of packaging that it was in?
03:21PM 5 A. Yes.
03:21PM 6 MR. TRIPI: Your Honor, the government offers 51A-1
03:21PM 7 through 51A-6 inclusive.
03:21PM 8 MR. MacKAY: No objection.
03:21PM 9 THE COURT: They are received without objection.
03:21PM 10 (GOV Exhibits 51A-1 through 6 were received in evidence.)
03:21PM 11 MR. TRIPI: Thank you, Your Honor. Thank you,
03:21PM 12 counsel. Beginning at 51A-1, Ms. Champoux, can we publish
03:22PM 13 that for the jury?
03:22PM 15 Q. Mr. Serio, can you describe for the jury just what
03:22PM 16 they're looking at here?
03:22PM 17 A. It's the inside of the warehouse.
03:22PM 18 Q. I noticed there looks like there's various windows and
03:22PM 19 stuff there?
03:22PM 20 A. Yes.
03:22PM 21 Q. What are those for?
03:22PM 22 A. Those are windows that I had for my properties, and I was
03:22PM 23 selling them also.
03:22PM 24 MR. TRIPI: Can we go to 51A-2, please?
25
60
03:22PM 2 Q. And tell the jury what they're looking at in 51A-2.
03:22PM 3 A. That is -- above that door is where I stored the MDMA.
03:22PM 4 Q. Is this another portion of the warehouse?
03:22PM 6 Q. Can you, using that touchscreen again, show the jury
03:22PM 7 where you had the MDMA hidden?
03:22PM 8 MR. TRIPI: May the record reflect the witness on
03:22PM 9 Exhibit 51A-2 circled a portion of the photograph above the
03:22PM 10 door sort of where the drywall ends and the brick then begins.
03:23PM 12 Q. Is that an accurate description, Mr. Serio?
03:23PM 13 A. Yes.
03:23PM 14 Q. Now, describe how you hid the MDMA for the jury.
03:23PM 15 A. Well, that drywall is kind of a bump-out, so if you stuck
03:23PM 16 your hand in there, it would be a 10-inch space so it was in
03:23PM 17 there.
03:23PM 18 Q. Okay. So you had it hidden in stuff behind the drywall?
03:23PM 19 A. Yes.
03:23PM 20 MR. TRIPI: Can we go to 51A-3?
03:23PM 22 Q. Can you describe for the jury what they're looking at
03:23PM 23 there?
03:23PM 24 A. That is the MDMA.
03:23PM 25 MR. TRIPI: And let's go to 51A-4.

61
03:23PM 2 Q. And what is that?
03:23PM 3 A. That's the MDMA.
03:23PM 4 Q. That's outside of the exterior packaging?
03:23PM 5 A. Yes.
03:23PM 6 MR. TRIPI: And can we just show them 51A-6.
03:23PM 8 Q. Is that another view of it?
03:23PM 9 A. Yes.
03:23PM 10 MR. TRIPI: Okay. We can take those down, thank you.
03:24PM 11 Your Honor, before I go on to another category, do
03:24PM 12 you want the break?
03:24PM 13 THE COURT: Yeah, that's fine. Let's do it then.
03:24PM 14 Folks, we'll take our afternoon break now. Remember
03:24PM 15 my instructions about not talking about the case with each
03:24PM 16 other or anybody else, and not making up your mind.
03:24PM 17 See you back here in about 15 minutes.
03:24PM 18 (Jury excused at 3:24 p.m..
03:24PM 19 MR. TRIPI: May the witness step down for the break,
03:25PM 20 Your Honor?
03:25PM 21 THE COURT: Absolutely.
03:25PM 22 MR. TRIPI: Okay. Step down, Mr. Serio.
03:25PM 23 (Witness excused at 3:25 p.m.)
03:25PM 24 THE COURT: Anything we need to put on the record
03:25PM 25 before the break?

62
03:25PM 1 MR. TRIPI: No, Your Honor.
03:25PM 2 MR. SINGER: No, Your Honor.
03:25PM 3 THE COURT: Okay. We'll see you in 15 minutes.
03:25PM 4 THE CLERK: All rise.
03:25PM 5 (Off the record at 3:25 p.m.)
03:43PM 6 (Back on the record at 3:43 p.m.)
03:43PM 7 (Jury not present.)
03:43PM 8 THE CLERK: All rise.
03:43PM 9 THE COURT: Please be seated.
03:43PM 10 THE CLERK: We are back on the record for the
03:43PM 11 continuation of the jury trial in case number 19-cr-227,
03:43PM 12 United States of America versus Joseph Bongiovanni.
03:43PM 13 THE COURT: Anything we need to do before we bring
03:43PM 14 the jury back and the witness in?
03:43PM 15 MR. TRIPI: I don't believe so Your Honor.
03:43PM 16 MR. SINGER: No, Your Honor.
03:43PM 17 THE COURT: All set? Let's get the witness back in
03:43PM 18 and the jury in.
03:43PM 19 MR. TRIPI: They're retrieving him now.
03:44PM 20 THE COURT: How much longer do we have, Mr. Tripi?
03:44PM 21 MR. TRIPI: We're going to spill over to the morning.
03:44PM 22 THE COURT: You're going to spill over to the
03:44PM 23 morning?
03:44PM 24 MR. TRIPI: I'll probably cede the witness early
03:44PM 25 tomorrow morning. I got through about ten pages, I have 32 in

63
03:44PM 1 my outline.
03:45PM 2 (Jury seated at 3:45 p.m.)
03:45PM 3 THE COURT: The record will reflect all our jurors
03:45PM 4 are again present.
03:45PM 5 I remind the witness he's still under oath.
03:45PM 6 And, Mr. Tripi, you may continue.
03:45PM 7 MR. TRIPI: Thank you, Your Honor.
03:45PM 8 One thing I forgot to do when we were discussing the
03:45PM 9 MDMA is actually show you the drugs, so I'm going to do that
03:45PM 10 next. Okay? Ms. Champoux, if we can pull up Exhibits 53A-3,
03:45PM 11 4, and 6, and put all of those photos on the screen together.
03:45PM 13 Q. Mr. Serio, those are on the screen next to you. I'm
03:45PM 14 going to come up to you and show you 296A and 296B for
03:45PM 15 identification only. I have gloves up there if you think you
03:45PM 16 need to handle these, but take a moment and look at these.
03:46PM 17 A. They seem a little brownish purple.
03:46PM 18 Q. Now, I didn't have you handle these at all, but did you
03:46PM 19 see that date in one of the photos, July 20th, 2017?
03:46PM 20 A. Yes.
03:46PM 21 Q. Is that the date that you were directing the agents to
03:46PM 22 the location of the MDMA?
03:46PM 23 A. Yes.
03:46PM 24 Q. And did I show you Exhibits 296A and B?
03:46PM 25 A. Yes.
64
03:46PM 1 Q. Does this look like the MDMA that you had hidden?
03:46PM 2 A. It does.
03:46PM 3 Q. Are you able to see some of the packaging material that
03:46PM 4 you had?
03:46PM 5 A. Yes.
03:46PM 6 Q. Does this, other than the changing of the packaging for
03:46PM 7 court, look like the MDMA that you had hidden in your
03:46PM 8 warehouse?
03:46PM 9 A. It does.
03:46PM 10 MR. TRIPI: Judge, the government offers 296A and B.
03:46PM 11 MR. MacKAY: Can I just see those quickly?
03:46PM 12 MR. TRIPI: Sure. I meant to say, if I misspoke and
03:46PM 13 said July, it's June 20th, 2017.
03:46PM 14 THE WITNESS: Okay. June, yes.
03:46PM 15 MR. MacKAY: No objection.
03:46PM 16 THE COURT: Okay, so they're received without
03:47PM 17 objection.
03:47PM 18 (GOV Exhibits 296A and B were received in evidence.)
03:47PM 20 Q. And do recall that two of the agents that you were
03:47PM 21 working with at that time, do you know their names?
03:47PM 22 A. I don't recall.
03:47PM 23 Q. All right. We're going to move on.
03:47PM 24 So we talked about in the beginning about an overview of
03:47PM 25 your drug activity, right?

65
03:47PM 1 A. Yes.
03:47PM 2 Q. I'd like to go back in a little more detail now. I'm
03:47PM 3 going to direct your attention to in or about the fall of
03:47PM 4 2007. Around that time, did you start having a direct
03:47PM 5 relationship with Mike Masecchia?
03:47PM 6 A. Yes.
03:47PM 7 Q. Describe for the jury how that began.
03:47PM 8 A. That began because I had a falling out with Joe
03:47PM 9 Tomasello. And a friend of mine that worked at a restaurant,
03:47PM 10 Mike came in and said he wanted to talk to me. So we set up
03:47PM 11 a meeting with Mike and me.
03:47PM 12 Q. Okay. So, Mike Masecchia came into a restaurant where
03:48PM 13 your friend worked?
03:48PM 15 Q. Who was that friend?
03:48PM 16 A. Joe Gugino.
03:48PM 17 Q. And what was that restaurant?
03:48PM 18 A. O, on Sheridan Drive.
03:48PM 19 Q. And was O, like, a restaurant/bar on Sheridan Drive in
03:48PM 20 the Town of Amherst?
03:48PM 21 A. Yes.
03:48PM 22 Q. Sort of near Niagara Falls Boulevard?
03:48PM 24 Q. And that restaurant is closed now, right?
66
03:48PM 1 Q. So you learned that Mike Masecchia wanted to speak with
03:48PM 2 you, and you set up a meeting?
03:48PM 3 A. Yes.
03:48PM 4 Q. And where did you have that meeting with Masecchia?
03:48PM 5 A. At O.
03:48PM 6 Q. And can you describe your meeting with Mr. Masecchia that
03:48PM 7 you had at O in the fall of 2007?
03:48PM 8 A. Just basically wanted to sell me marijuana. And then I
03:48PM 9 said yes.
03:48PM 10 Q. So, was this about procuring a direct relationship with
03:48PM 11 one another?
03:48PM 12 A. Yes.
03:48PM 13 Q. Can you tell the jury whatever you can remember about
03:48PM 14 that meeting?
03:49PM 15 A. Just that he just harvested his marijuana and wanted to
03:49PM 16 get rid of it, and wanted it to know if I could get rid of it
03:49PM 17 for him.
03:49PM 18 Q. What did you say?
03:49PM 19 A. I said yes.
03:49PM 20 Q. Did you place any limits on the amount that you would be
03:49PM 21 able to move?
03:49PM 22 A. No.
03:49PM 23 Q. Did he tell you how much he would be able to produce for
03:49PM 24 you?
03:49PM 25 A. He didn't say how much, but I want to say it wasn't

67
03:49PM 1 hundreds of pounds, but I would take, like, 5, 10 pounds at a
03:49PM 2 time.
03:49PM 3 Q. Okay. So we're back in time, this is before the mansion.
03:49PM 4 A. Yes.
03:49PM 5 Q. This is before you've progressed.
03:49PM 7 Q. You're talking about getting 5 and 10 pounds at a time
03:49PM 8 directly from Masecchia?
03:49PM 10 Q. And what was the price back then?
03:49PM 11 A. I'd say, back then, not a 100 percent, but around 3,500.
03:49PM 12 Q. A pound?
03:49PM 13 A. Yes. Maybe a little less because it was outdoor, and
03:49PM 14 outdoor doesn't cost as much as indoor marijuana.
03:49PM 15 Q. So, based on your meeting with Masecchia, did he tell you
03:50PM 16 where the marijuana was coming from at that time?
03:50PM 17 A. Well --
03:50PM 18 Q. You indicated outdoor. How did you know that?
03:50PM 19 A. Well, just by looking at it you could tell.
03:50PM 20 Q. Did he show you product?
03:50PM 21 A. Yes.
03:50PM 22 Q. And you said a moment ago that outdoor is a little less
03:50PM 23 expensive than indoor. Can you tell the jury the differences
03:50PM 24 between outdoor grown marijuana and indoor grown marijuana?
03:50PM 25 A. It's more exposed to the elements, so it's not as

68
03:50PM 1 powerful. And in Buffalo, when you grow it, at the end of
03:50PM 2 the season, it can get moldy and it gets dark. And the
03:50PM 3 darker the marijuana, the less it's worth. The greener it
03:50PM 4 is, the more it's worth.
03:50PM 5 Q. Okay.
03:50PM 6 A. The greener it is, the more it's worth.
03:50PM 7 Q. The more green, the more valuable?
03:50PM 8 A. So if it's dark, it's not worth as much money than green
03:50PM 9 marijuana.
03:50PM 10 Q. Are there some challenges to outdoor grown marijuana in
03:51PM 11 Buffalo?
03:51PM 12 A. Yeah, because of the elements.
03:51PM 13 Q. From there, did your relationship with Masecchia grow?
03:51PM 14 A. Yes.
03:51PM 15 Q. Did you show Masecchia how to set up indoor grows?
03:51PM 16 A. Yes.
03:51PM 17 Q. And are those the examples you gave the jury earlier with
03:51PM 18 John Suppa, Lou Selva, and Martino?
03:51PM 19 A. Yes.
03:51PM 20 Q. And what approximate year did you install an indoor grow
03:51PM 21 for John Suppa?
03:51PM 22 A. It was either late -- it was winter, so it was either
03:51PM 23 late 2008, early 2009.
03:51PM 24 Q. And when did you install the indoor grow on Norwalk for a
03:51PM 25 teacher, Martino?

69
03:51PM 1 A. I believe it was around 2013.
03:51PM 2 Q. And did you estimate the one for Selva was also around
03:51PM 3 that time?
03:51PM 5 Q. As time went on, did Masecchia talk to you more about his
03:51PM 6 outdoor grow operations?
03:52PM 7 A. Yes.
03:52PM 8 Q. Is this still closer to 2008, 2009?
03:52PM 9 A. Yes.
03:52PM 10 Q. What did he tell you about the amount of plants and where
03:52PM 11 they were located?
03:52PM 12 A. They were located somewhere -- I think it's Humphrey or
03:52PM 13 Franklinville. Because he wasn't growing it on his property,
03:52PM 14 because years prior, there was a DEA raid I believe on it.
03:52PM 15 Q. So what do you mean he wasn't growing it on his property?
03:52PM 16 A. The property on Morgan Hollow, we didn't do that until
03:52PM 17 2015. I don't know if it was DEA, but there was a government
03:52PM 18 agency that found marijuana on his property early in the
03:52PM 19 2000s.
03:52PM 20 Q. In the early 2000s?
03:52PM 21 A. Yes.
03:52PM 22 Q. Okay. And what do you mean by growing marijuana on other
03:52PM 23 people's property down there?
03:52PM 24 A. He had other friends down there, and they had properties
03:52PM 25 down there.

70
03:52PM 1 Q. And what were you doing with the marijuana you would
03:52PM 2 receive from Masecchia?
03:52PM 3 A. Selling it.
03:52PM 4 Q. In terms of the marijuana grows, did he tell you who else
03:53PM 5 was involved?
03:53PM 6 A. Yes.
03:53PM 7 Q. Who did he tell you about?
03:53PM 8 A. At one point it was Joe Tomasello. There was some guy
03:53PM 9 named Fat Ass. Dave -- I forgot his last name but he called
03:53PM 10 him Cold Cut Dave.
03:53PM 11 Q. Okay. Eventually does he mention Lou Selva?
03:53PM 12 A. Yes, I'm sorry, Lou Selva, too.
03:53PM 13 Q. And at this point, it's in 2008, 2009, it's just the
03:53PM 14 outdoor grows?
03:53PM 15 A. Yes.
03:53PM 16 Q. Before you set up the Suppa grow?
03:53PM 18 Q. Around that time, did Masecchia tell you anything about
03:54PM 19 whether Joe Bongiovanni would provide him any assistance?
03:54PM 20 A. Before, in that --
03:54PM 21 Q. In this 2008, 2009 time frame?
03:54PM 22 A. Yes. He mentioned Joe Bongiovanni.
03:54PM 23 Q. What did Masecchia say?
03:54PM 24 A. He just said that he was a DEA agent, and he said about
03:54PM 25 surveillance vehicles and stuff like that.

71
03:54PM 1 Q. Explain that.
03:54PM 2 A. Like they would use utility trucks or undercover to scope
03:54PM 3 outgrow operations.
03:54PM 4 Q. Was that information Masecchia was providing you that he
03:54PM 5 said was provided by the defendant?
03:54PM 7 Q. So was it your understanding that back in '08, '09, the
03:54PM 8 defendant was giving Masecchia a heads-up?
03:54PM 9 A. Yes.
03:54PM 10 Q. That was before you made any payments?
03:54PM 12 Q. What, if anything, did Masecchia tell you about how
03:54PM 13 Bongiovanni could give a heads-up?
03:54PM 14 A. He said that he's got access to -- Mike's words were
03:55PM 15 something on the computer that he could check and see if we
03:55PM 16 were under investigation.
03:55PM 17 Q. What did you understand that to mean?
03:55PM 18 A. That he somehow had access to see if people were
03:55PM 19 informing on us.
03:55PM 20 Q. Now when you first learned that, you weren't making any
03:55PM 21 payments, correct?
03:55PM 23 Q. In terms of the marijuana grow at that point in time, the
03:55PM 24 outdoor grow?
03:55PM 25 A. Yes.
72
03:55PM 1 Q. What was Lou Selva's role?
03:55PM 2 A. I believe he would help watering and clipping, the
03:55PM 3 general taking care of it.
03:55PM 4 Q. And what do you mean by clipping? In terms of an outdoor
03:55PM 5 grow, what does it mean to be clipping?
03:55PM 6 A. When you harvest the marijuana, you have to -- there's
03:55PM 7 leaf on it but you have to cut it off, it has no value.
03:56PM 8 Q. What is an outdoor grow cycle in Buffalo, in the general
03:56PM 9 area?
03:56PM 10 A. It starts from June 1st to the end of October, or,
03:56PM 11 beginning to end of October, depending on the weather.
03:56PM 12 Q. So if we're having a good warm fall --
03:56PM 13 A. Yes.
03:56PM 14 Q. -- you get to the end of October?
03:56PM 15 A. Yes.
03:56PM 16 Q. If we're having a bad one, early October?
03:56PM 18 Q. And what does the process involved with on the front end,
03:56PM 19 getting the grow ready for the outdoor grow?
03:56PM 20 A. You have to grow the clones inside to about a foot tall.
03:56PM 21 And then you bring them outside.
03:56PM 22 Q. What do you mean by clones?
03:56PM 23 A. Clones are, you have a -- there's male and female
03:56PM 24 marijuana plants. Female plants are what grows the buds that
03:56PM 25 have value. Male has no value. So you take a female plant,
73
03:56PM 1 and you cut off branches, and you stick them in a solution,
03:56PM 2 and then they grow into the same plant as the moth -- it's
03:56PM 3 called the mother plant, the original plant.
03:56PM 4 Q. So that's how you clone the mother plant?
03:57PM 6 Q. And those clones, you grow them until they're about a
03:57PM 7 foot tall?
03:57PM 8 A. Yes.
03:57PM 9 Q. And do you need places to do that?
03:57PM 10 A. Yes. You need indoor lights to do that.
03:57PM 11 Q. And that, at that time frame, was Lou Selva's house one
03:57PM 12 of the places where clones were being prepared?
03:57PM 13 A. Yes.
03:57PM 14 Q. How did you know that?
03:57PM 15 A. I was at his house, and I seen them.
03:57PM 16 Q. In terms of the outdoor grows, did you go and help those
03:57PM 17 outdoor grows with Masecchia, we're talking '08, '09
03:57PM 18 time frame?
03:57PM 19 A. I helped clip once.
03:57PM 20 Q. Where was that?
03:57PM 21 A. He brought us to his cabin on Morgan Hollow.
03:57PM 22 Q. Do you remember who else was there when you helped clip?
03:58PM 23 A. It was Lou Selva, and Mike, and the guy they called the
03:58PM 24 Cold Cut Thief, and some other guy, I don't know his name.
03:58PM 25 Q. Is Cold Cut Thief a nickname?

74
03:58PM 1 A. Yeah, his name is Dave. I can't remember what his last
03:58PM 2 name.
03:58PM 3 Q. Okay. In addition to those outdoor grows with Masecchia
03:58PM 4 that you became involved with, did you have indoor grows
03:58PM 5 going on in that '08, '09 time frame?
03:58PM 6 A. Me, personally?
03:58PM 7 Q. Yes.
03:58PM 8 A. Yes.
03:58PM 9 Q. Where did you have those?
03:58PM 10 A. I had those at the warehouse at 82 Sycamore. It was
03:58PM 11 actually 608 Michigan.
03:58PM 12 Q. I won't put the photos up again, but those were the
03:58PM 13 photos that we saw?
03:58PM 14 A. Yes.
03:58PM 15 Q. The Michigan building is on the other side?
03:58PM 17 Q. And who were you involved with in those indoor grows?
03:58PM 18 A. That was -- my brother was helping me.
03:58PM 19 Q. You and Tom?
03:58PM 20 A. Yes.
03:58PM 21 Q. How many years did those indoor grows persist at that
03:59PM 22 warehouse there?
03:59PM 23 A. It went from 2005 to 2010.
03:59PM 24 Q. And how many plants would you have in there?
03:59PM 25 A. 99.
75
03:59PM 1 Q. Why did you pick 99?
03:59PM 2 A. Because it's under the guidelines.
03:59PM 3 Q. Okay. So you knew 100 got you a five-year mandatory
03:59PM 4 minimum?
03:59PM 5 A. Yes.
03:59PM 6 Q. But with 99, there's no mandatory minimum?
03:59PM 8 Q. Okay. I just wanted to ask you this question before. So
03:59PM 9 you talked about the clipping, and you talked about what that
03:59PM 10 entails. After the clipping is done, just to kind of round
03:59PM 11 that off, we're talking about the outdoor grows or the indoor
03:59PM 12 grows, what's the next step in the process that needs to
03:59PM 13 happen before that marijuana could be smoked?
03:59PM 14 A. That needs to be dried.
03:59PM 15 Q. And what does that involve?
03:59PM 16 A. Just sitting in a room for about a week or two.
03:59PM 17 Q. Do you dry outside or inside?
04:00PM 18 A. Inside.
04:00PM 19 Q. Did you need, like, a humidifier for that?
04:00PM 20 A. You're supposed to dry it naturally, but you can use a
04:00PM 21 dehumidifier to speed up the process.
04:00PM 22 Q. Okay. So, you had the outdoor grows you were involved
04:00PM 23 with, with Masecchia, right?
04:00PM 24 A. Yes.
04:00PM 25 Q. This is '08, '09.

76
04:00PM 1 A. Yes.
04:00PM 2 Q. You had the indoor grows at your warehouse with your
04:00PM 3 brother Tom?
04:00PM 4 A. Yes.
04:00PM 5 Q. And during this same time period, were you also getting
04:00PM 6 marijuana from Mark Keegan?
04:00PM 7 A. Yes.
04:00PM 8 Q. Okay. Now, we mentioned his name earlier. Just to
04:00PM 9 remind the jury, who is Mark Keegan?
04:00PM 10 A. He was the person I was getting the marijuana from in
04:00PM 11 New York City.
04:00PM 12 Q. Okay. So you have sort of three buckets of sources of
04:00PM 13 supply, your own warehouse --
04:00PM 14 A. Yes.
04:00PM 15 Q. -- grow with your brother, outdoor grows with Masecchia,
04:00PM 16 and Keegan is a New York City based supplier?
04:00PM 17 A. Yes.
04:00PM 18 Q. How did you know Mark Keegan?
04:00PM 19 A. I met him through a friend, Mike Piazza.
04:00PM 20 Q. And who is Mike Piazza?
04:01PM 21 A. Just a friend from North Buffalo.
04:01PM 22 Q. Okay. And how much marijuana would you get from Mark
04:01PM 23 Keegan?
04:01PM 24 A. 50 pounds a month.
04:01PM 25 Q. And how much would 50 pounds per month cost you?
77
04:01PM 1 A. At that point, I want to say it was like 30-, about
04:01PM 2 $175,000. 3,500 a pound, I believe.
04:01PM 3 Q. 3,500 per pound?
04:01PM 4 A. Yes.
04:01PM 5 Q. And were you getting that fronted to you, or were you
04:01PM 6 paying cash?
04:01PM 7 A. I was paying cash for that.
04:01PM 8 Q. And with that 30 pounds per month, were you reselling it?
04:01PM 9 A. Yes.
04:01PM 10 Q. Were you making a profit?
04:01PM 11 A. Yes.
04:01PM 12 Q. Was that marijuana being transported from New York City
04:01PM 13 to you?
04:01PM 14 A. Yes.
04:01PM 15 Q. How was -- what was the transportation method at that
04:02PM 16 time?
04:02PM 17 A. Mark was just renting a car and driving it to me.
04:02PM 18 Q. So he was delivering it to you personally?
04:02PM 19 A. Yes.
04:02PM 20 Q. Where were you living at that time?
04:02PM 21 A. 125 Huntington Court.
04:02PM 22 Q. That's in Williamsville?
04:02PM 23 A. Yes.
04:02PM 24 Q. Where did you -- when you would -- would he deliver it
04:02PM 25 right to your house?

78
04:02PM 1 A. At first, at Tim Horton's on Main and Park Club Lane.
04:02PM 2 And then eventually started coming to my house.
04:02PM 3 Q. So when you say Tim Horton's, I'm sure you're not going
04:02PM 4 in, you're just meeting in the parking lot?
04:02PM 6 Q. And did you have to do anything after you accepted
04:02PM 7 delivery to get it ready for sale?
04:03PM 8 A. No.
04:03PM 9 Q. You were just reselling it by the pound?
04:03PM 10 A. Yes.
04:03PM 11 Q. So you didn't unpackage it?
04:03PM 12 A. It -- well, sometimes -- well, later on, it was -- you'd
04:03PM 13 receive it, and sometimes it would be, like, an ounce over,
04:03PM 14 so you'd take -- open it up, take the ounce out, repackage
04:03PM 15 it. Because that's $150 extra, so --
04:03PM 16 Q. So you would weigh it?
04:03PM 17 A. Yes. Yeah. Weighed it to make sure that it wasn't -- so
04:03PM 18 it weighed what it was supposed to.
04:03PM 19 Q. And you would pay attention to take an ounce out if it
04:03PM 20 was over a pound?
04:03PM 21 A. Correct. Because if it was a pound, and it's an ounce
04:03PM 22 over, because it -- say, like, later when I was getting 300
04:03PM 23 pounds, if you have 300 extra ounces, that's a lot of money.
04:03PM 24 Q. How much extra money would you be losing if you were
04:03PM 25 giving away ounces?

79
04:03PM 1 A. So it would be 10 pounds, 60, probably about $40,000.
04:03PM 2 Q. So, that's on a 300-pound delivery?
04:04PM 3 A. Yes.
04:04PM 4 Q. Is that the math you just did?
04:04PM 5 A. That would be on 200 pounds, $60,000.
04:04PM 6 Q. So you pay attention if there were overages, and you
04:04PM 7 would adjust each package?
04:04PM 9 Q. Where would you do that weighing?
04:04PM 10 A. Depends. Usually at my house.
04:04PM 11 Q. And who did you -- did you have sort of a team or an
04:04PM 12 inner circle of people who you were going to to move that
04:04PM 13 marijuana?
04:04PM 14 A. Yes.
04:04PM 15 Q. And who was -- who was part of that group at that time?
04:04PM 16 A. That -- back then?
04:04PM 17 Q. We're in the '08, '09, Mark Keegan time frame.
04:04PM 18 A. It was Jay Campbell, Matt LoTempio, Anthony Greco, Mark
04:04PM 19 Falzone, I can't think of -- I'm sure there was a couple
04:04PM 20 other people, but I can't think of off the top of my head.
04:05PM 21 Q. To them, would you front it?
04:05PM 22 A. Yes.
04:05PM 23 Q. Explain for the jury what fronting it means.
04:05PM 24 A. It's when I would give it to them on consignment, or I'd
04:05PM 25 give it to them and they'd pay me later.

80
04:05PM 1 Q. And what was the markup for you per pound?
04:05PM 2 A. Between 2- and 500 a pound.
04:05PM 3 Q. Now when you're dealing with Keegan, are you still
04:05PM 4 involved with the outdoor grows with Masecchia?
04:05PM 5 A. Yes.
04:05PM 6 Q. And are you still involved in growing it in your
04:05PM 7 warehouse?
04:05PM 8 A. Yes.
04:05PM 9 Q. At times during that window of time, where you had
04:05PM 10 multiple situations, so you're with Masecchia, your brother,
04:05PM 11 and Keegan --
04:05PM 12 A. Yeah.
04:05PM 13 Q. -- were there times when you and Masecchia would supply
04:05PM 14 each other back and forth?
04:05PM 15 A. Yes.
04:05PM 16 Q. Explain that for the jury.
04:05PM 17 A. Well, if he -- it was more so I'd get rid of his -- his
04:06PM 18 marijuana that he grew, in his grows. And then if he needed
04:06PM 19 something, I, you know, if he knew somebody when he was out,
04:06PM 20 then I would give it to him.
04:06PM 21 Q. And when you moved Masecchia's marijuana from his grows,
04:06PM 22 approximately how much was that after the grow cycle?
04:06PM 23 A. Well, it depends on, say, at Suppa's house was usually
04:06PM 24 around 20 pounds.
04:06PM 25 Q. So, 20 pounds from the grow at Suppa's house?

81
04:06PM 1 A. Yeah.
04:06PM 2 Q. And how much from those outdoor grows?
04:06PM 3 A. The outdoors, well, the other guys also got rid of it to
04:06PM 4 other people, so I don't know exactly what they --
04:06PM 5 Q. What were you getting rid of for Masecchia?
04:06PM 6 A. Probably 30, 40 pounds.
04:06PM 7 Q. Per grow cycle?
04:06PM 8 A. Yeah.
04:06PM 9 Q. So, roughly 20 from Suppa's house, 30, 40 from the
04:06PM 10 outdoor grows?
04:06PM 11 A. Yeah.
04:06PM 12 Q. At the end of a grow season, what were you splitting in
04:06PM 13 the 2008, 2009 time frame with just Masecchia?
04:07PM 14 A. From the indoors? Or the outdoors?
04:07PM 15 Q. Total.
04:07PM 16 A. Total? I mean, at least $150,000. I mean, splitting, he
04:07PM 17 probably got 150,000.
04:07PM 18 Q. Mike would get that?
04:07PM 19 A. Yes, sir.
04:07PM 20 Q. And what would you get?
04:07PM 21 A. Around say probably around 75,000.
04:07PM 22 Q. And this is going back to the '08, '09 time period?
04:07PM 24 Q. So, as time went on like that, were you consistently
04:07PM 25 looking for additional supply lines of marijuana?

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04:07PM 1 A. Yes.
04:07PM 2 Q. Why?
04:07PM 3 A. Because I could pretty much get rid of whatever.
04:07PM 4 Q. And the more supply you had, the more money you could
04:08PM 5 earn?
04:08PM 7 Q. Were you trying to control the market?
04:08PM 8 A. Pretty much.
04:08PM 9 Q. Would that allow you to set the prices around here?
04:08PM 10 A. Yes.
04:08PM 11 Q. Where was that grow that you set up for John Suppa?
04:08PM 12 A. On Hertel. I'm not sure of the exact address, but kind
04:08PM 13 of on the corner of Fairchild and Hertel. The second
04:08PM 14 building in.
04:08PM 15 Q. Okay. And I think you indicated earlier in or around
04:08PM 16 sometime in 2010, there came a point in time where you
04:08PM 17 started giving money to Masecchia to pay the Defendant
04:09PM 18 Bongiovanni?
04:09PM 19 A. Correct. The fall of 2010.
04:09PM 20 Q. In the fall of 2010, did you have a conversation with
04:09PM 21 Masecchia about paying the defendant?
04:09PM 22 A. Yes.
04:09PM 23 Q. Where was that conversation?
04:09PM 24 A. In my garage on Huntington Court.
04:09PM 25 Q. 125 Huntington Court?

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04:09PM 1 A. Yes.
04:09PM 2 Q. Who was present for that?
04:09PM 3 A. That just me and Mike.
04:09PM 4 Q. Describe that conversation with Masecchia at 125
04:09PM 5 Huntington Court about paying the defendant.
04:09PM 6 A. Mike came to me and said for 2,000 a month, that Joe
04:09PM 7 Bongiovanni would give us the heads-up if we're being
04:09PM 8 investigated, and give us information about possible people
04:09PM 9 to stay away from, and informants.
04:09PM 10 Q. What did you understand him to mean when Masecchia said
04:09PM 11 for 2,000 a month, Bongiovanni would give you a heads-up on
04:10PM 12 if you're being investigated?
04:10PM 13 A. If we're being investigated, he'd let us know.
04:10PM 14 Q. And what did you understand it to mean that for 2,000 a
04:10PM 15 month, Bongiovanni would give you a heads-up on who might be
04:10PM 16 informants?
04:10PM 17 A. It's possible people that would be telling on us.
04:10PM 18 Q. Were you interested in that type of information?
04:10PM 19 A. Yes.
04:10PM 20 Q. Why?
04:10PM 21 A. Just for -- to avoid arrest.
04:10PM 22 Q. Excuse me?
04:10PM 23 A. To avoid arrest.
04:10PM 24 Q. By that point in time, in the fall of 2010, had your
04:10PM 25 operations grown over time?

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04:10PM 1 A. Yes.
04:10PM 2 Q. Were you making more money?
04:10PM 3 A. Yes.
04:10PM 4 Q. Were you and Masecchia feeling more exposed?
04:11PM 5 A. Yes.
04:11PM 6 Q. Did you ask Masecchia any questions about how it would
04:11PM 7 work at that point?
04:11PM 8 A. I did ask him about, 'cuz I really didn't understand,
04:11PM 9 like, the informant part because there's -- they didn't give
04:11PM 10 an estimate, I imagine there's tons of informants, so how
04:11PM 11 would he know who, you know, who to say. So he said he'd ask
04:11PM 12 him and get back to me, but he never got back to me on it.
04:11PM 13 Q. Masecchia never answered that question?
04:11PM 15 Q. Was there an amount of payment and a frequency of payment
04:11PM 16 discussed?
04:11PM 17 A. $2,000.
04:11PM 18 Q. How frequently?
04:11PM 19 A. Once a month.
04:11PM 20 Q. Who came up with that figure?
04:11PM 21 A. Mike did.
04:11PM 22 Q. Did you question that at all?
04:11PM 23 A. No.
04:11PM 25 A. I didn't feel I had any reason to, like, I don't know,
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04:12PM 1 like he said that it would happen, so I believed him.
04:12PM 2 Q. Did you, in terms of the amount of money, were you
04:12PM 3 comfortable with that amount of money?
04:12PM 4 A. Yeah, that wasn't much money to me at the time.
04:12PM 5 Q. What did Masecchia, what, if anything, did he tell you
04:12PM 6 about how Bongiovanni would find out the information to
04:12PM 7 report it?
04:12PM 8 A. He said he did something on the computer, where he'd be
04:12PM 9 able to find out.
04:12PM 10 Q. Did you know specifically what on the computer the
04:12PM 11 defendant could do?
04:12PM 12 A. No, I didn't.
04:12PM 13 Q. What, if anything, did Masecchia tell you about how
04:12PM 14 Bongiovanni would provide the information back to you guys?
04:12PM 15 A. Said that Mike would, well, Mike said that he would talk
04:12PM 16 to him or Lou Selva, basically through Lou Selva because he
04:12PM 17 was friends with him.
04:12PM 18 Q. Did you talk about how the defendant would get the money
04:13PM 19 from you?
04:13PM 20 A. With Mike?
04:13PM 21 Q. Yeah.
04:13PM 22 A. Well, I would give him the money.
04:13PM 23 Q. You would give who the money?
04:13PM 24 A. Yes.
04:13PM 25 Q. Give who the money?

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04:13PM 1 A. Mike Masecchia the money.
04:13PM 2 Q. So did you and Mike talk about that, how the money would
04:13PM 3 get from you to Joe?
04:13PM 4 A. No.
04:13PM 5 Q. Why were you giving Mike Masecchia money?
04:13PM 6 A. To give to Joe.
04:13PM 7 Q. Okay. That's my point.
04:13PM 8 A. Oh.
04:13PM 9 Q. How did you know to do that?
04:13PM 10 A. Mike told me. I'm sorry.
04:13PM 11 Q. That's okay. It's probably a poor question.
04:13PM 12 So who was the source of the money that was intended for
04:13PM 13 the defendant?
04:13PM 14 A. Me.
04:13PM 15 Q. What do you know about where Masecchia would meet the
04:13PM 16 defendant to provide the defendant the money?
04:13PM 17 A. That, I didn't know.
04:13PM 18 Q. Who was that between?
04:13PM 19 A. That was between Mike and Joe, or Mike and Lou, I don't
04:13PM 20 know.
04:13PM 21 Q. Who coordinated the payments of the money that you paid
04:14PM 22 to Masecchia?
04:14PM 23 A. I did.
04:14PM 24 Q. Who coordinated the payments to Bongiovanni?
04:14PM 25 A. I gave the money to Mike, and Mike either gave it to Lou
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04:14PM 1 or gave it to Bongiovanni.
04:14PM 2 Q. And what was Selva's role in this?
04:14PM 3 A. To mediate information, because he was closer to him, so
04:14PM 4 it wasn't so obvious because he hung out with him all the
04:14PM 5 time.
04:14PM 6 Q. So you used "he" a couple times, so I want to clarify.
04:14PM 7 A. Oh, Joe. Joe Bongiovanni.
04:14PM 8 Q. So Lou hung out with Joe?
04:14PM 9 A. Yes.
04:14PM 10 Q. And so Lou would provide information from Joe?
04:14PM 12 Q. All told, what was your understanding of what the
04:14PM 13 defendant was gonna do in exchange for the payments?
04:14PM 14 A. Was to let us know if we were being investigated.
04:14PM 15 Q. Now, while you were involved in this drug activity, did
04:15PM 16 you use a cell phone at times?
04:15PM 17 A. Yes.
04:15PM 18 Q. Did you use multiple phones?
04:15PM 19 A. Yes.
04:15PM 20 Q. Are you familiar with the phrase burner phone?
04:15PM 21 A. Yes, I am.
04:15PM 22 Q. What is a burner phone?
04:15PM 23 A. Burner phone is a prepaid untraceable phone.
04:15PM 24 Q. Did you use those types of phones?
04:15PM 25 A. Yes, all the time.

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04:15PM 1 Q. What kind of phones were they typically?
04:15PM 2 A. I think they're called Trac Fones.
04:15PM 3 Q. And why did you use Trac Fones?
04:15PM 4 A. To avoid any connection with people we were dealing with.
04:15PM 5 Q. Is that a phone you used for, like, 30 days and throw it
04:15PM 6 away?
04:15PM 7 A. Yes.
04:15PM 8 Q. Is that why they call it a burner?
04:15PM 9 A. Yeah.
04:15PM 10 Q. Did Masecchia use burner phones?
04:15PM 11 A. Yes, he did.
04:15PM 12 Q. Did other people you were dealing with use burner phones?
04:15PM 13 A. Everyone we dealt with used burner phones.
04:15PM 14 Q. By this fall, 2010 going into 2011, describe the volume
04:16PM 15 of marijuana that you were moving through your organization.
04:16PM 16 A. It was, well, with the grows and the -- from Mark Keegan,
04:16PM 17 probably about 100 pounds a month.
04:16PM 18 Q. What's the value at that time of 100 pounds of marijuana?
04:16PM 19 A. $350,000.
04:16PM 20 Q. That was monthly?
04:16PM 21 A. Yes.
04:16PM 22 Q. Now not all of that is profit, right?
04:16PM 23 A. No.
04:16PM 24 Q. Because expenses included paying for the drugs?
04:16PM 25 A. Yeah, paying for the drugs.

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04:16PM 1 Q. People that were being fronted marijuana are also making
04:16PM 2 some of that money?
04:16PM 3 A. Correct. Well, that was my price, would be 350,000, and
04:16PM 4 I would up the price.
04:16PM 5 Q. And what would you up it to?
04:16PM 6 A. Anywhere between $3,700 to 4,000.
04:16PM 7 Q. Per pound?
04:17PM 8 A. Per pound.
04:17PM 9 Q. And were you also selling cocaine at times during that
04:17PM 10 time frame?
04:17PM 11 A. In 2008, I did.
04:17PM 12 Q. Okay. And as you get into 2011, is it still those
04:17PM 13 sources of supply, Mark Keegan?
04:17PM 14 A. Yes.
04:17PM 15 Q. The outdoor grows, the indoor grow at Suppa's residence?
04:17PM 17 Q. By the fall of 2011, that's when you buy the house on
04:17PM 18 Lebrun?
04:17PM 20 Q. When you do that, and you move out of your house at 125
04:17PM 21 Huntington, does someone else move in there?
04:17PM 22 A. Mike Masecchia moved in there.
04:17PM 23 Q. And was he paying you anything for the house?
04:17PM 24 A. Well, the agreement was I owed $220,000 on the house, I
04:17PM 25 believe, and I sold it to him for 400,000. But he gave me

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04:18PM 1 $50,000 down, and he was supposed to get a mortgage for the
04:18PM 2 whole, you know, what he owed me, and to pay off the mortgage
04:18PM 3 that I had on it. But for the time being, it was just a
04:18PM 4 paper mortgage that I had existing on it.
04:18PM 5 Q. Okay. To your knowledge, did Masecchia also have other
04:18PM 6 properties that he owned?
04:18PM 7 A. Not to my knowledge. Well, I mean, Morgan Hollow and
04:18PM 8 Ellicottville.
04:18PM 9 Q. So he had Franklinville and Ellicottville?
04:18PM 10 A. No. It's whatever Morgan Hollow is, I'm not sure if it's
04:18PM 11 Ellicottville or Franklinville.
04:18PM 12 Q. Got it. I thought you were talking about two different
04:18PM 13 properties. Eventually did you start traveling, going places
04:18PM 14 with Masecchia?
04:18PM 15 A. Yes.
04:18PM 16 Q. In terms of vacation spots, not, did you ever travel with
04:18PM 17 him?
04:18PM 18 A. For a vacation?
04:18PM 19 Q. Yeah.
04:18PM 20 A. Well, we went to Vegas. It was vacation, but it was to
04:18PM 21 talk to his wife's cousin about collections, possibly getting
04:19PM 22 paper.
04:19PM 23 Q. Okay. And when was that?
04:19PM 24 A. That was, I want to say, 2011.
04:19PM 25 Q. So 2011, you traveled to Vegas with him?

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04:19PM 1 A. Yes.
04:19PM 2 Q. Did your brother Tom go?
04:19PM 3 A. Yes.
04:19PM 4 Q. You said that was to talk about getting paper. What are
04:19PM 5 you referencing there?
04:19PM 6 A. Debt, for debt collection agency, to collect on it.
04:19PM 7 Q. And who was his brother-in-law?
04:19PM 8 A. Marty Mazzara. It wasn't his brother-in-law, it was his
04:19PM 9 wife's cousin.
04:19PM 10 Q. His wife's cousin? I'm sorry. And at that time, through
04:19PM 11 the collection agencies, you would also through your
04:19PM 12 companies at various times use certain tactics that you now
04:19PM 13 know to be unlawful?
04:19PM 14 A. Yes.
04:19PM 15 Q. Pretending to be attorneys, things like that?
04:19PM 16 A. Yes.
04:19PM 17 Q. Did you do something called overbiffing?
04:20PM 18 MR. MacKAY: Objection to relevance at this point
04:20PM 19 with regard to collection activities.
04:20PM 20 THE COURT: Yeah, what's the relevance?
04:20PM 21 MR. TRIPI: Are they not going to cross-examine him
04:20PM 22 on wire fraud? If they're not going to, I'll move on.
04:20PM 23 THE COURT: I'll sustain the objection.
04:20PM 24 MR. TRIPI: Okay. I'll circle back if they cross.
04:20PM 25 Thank you, Your Honor.

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04:20PM 2 Q. In any event, were you making money through your debt
04:20PM 3 collection agencies?
04:20PM 5 Q. And Masecchia had helped you make connections in that
04:20PM 6 world as well?
04:20PM 7 A. It really didn't work out with Marty Mazzara.
04:20PM 8 Q. Okay. Would Mike Masecchia visit your debt collection
04:20PM 9 agency at times, Upstate Management?
04:20PM 10 A. I don't recall, but possibly.
04:21PM 11 Q. How did Mark, Matt, and John Suppa begin working there?
04:21PM 12 A. Because I knew John, and he was like a good motivator.
04:21PM 13 And so I had him work for a brief period, but he was
04:21PM 14 ineffective, so I got rid of him. And he brought his brother
04:21PM 15 Matt in, who was good.
04:21PM 16 Q. And you met the Suppas through Masecchia?
04:21PM 18 Q. Now, fall of 2011 comes. Does there come a point in time
04:21PM 19 where you start having additional marijuana shipped to you
04:21PM 20 across the country?
04:21PM 21 A. Well, that's early 2012, spring of 2012.
04:21PM 22 Q. Spring of 2012?
04:21PM 24 Q. And who's that through?
04:21PM 25 A. That's through Tom Sibick and Santiago Gail.

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04:21PM 1 Q. You mentioned those names earlier. Who is Thomas Sibick?
04:21PM 2 A. Someone I bought marijuana from.
04:21PM 3 Q. And eventually, is that someone who you knew locally?
04:22PM 5 Q. How did you know him?
04:22PM 6 A. Through Frank Burkhart.
04:22PM 7 Q. Is Frank Burkhart someone who had supplied you before?
04:22PM 8 A. No.
04:22PM 9 Q. Had you supplied Frank Burkhart with marijuana?
04:22PM 10 A. Previously, no.
04:22PM 11 Q. Not before this spring of 2012?
04:22PM 13 Q. Describe how you met Tom Sibick through Frank Burkhart.
04:22PM 14 A. Well, I met -- I knew Frank Burkhart for years, but his
04:22PM 15 wife was an interior decorator, and I hired her to decorate
04:22PM 16 my house.
04:22PM 17 And then Frank approached me and said that he's got this
04:22PM 18 guy Tom Sibick that can get hundreds of pounds of marijuana.
04:22PM 19 Q. Did that interest you?
04:22PM 20 A. Yes.
04:22PM 21 Q. Eventually did you meet Tom Sibick?
04:22PM 22 A. Yes.
04:22PM 23 Q. Where did you meet him?
04:22PM 24 A. At my house on Lebrun. 697 Lebrun.
04:22PM 25 Q. Eventually did you -- did there come a time where you met
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04:23PM 1 Santiago Gail with Tom Sibick?
04:23PM 2 A. Yes.
04:23PM 3 Q. Where was that?
04:23PM 4 A. In New York City.
04:23PM 5 Q. Who was with you for that?
04:23PM 6 A. Me, Frank Burkhart, and Tom Sibick.
04:23PM 7 Q. And describe the discussion or the negotiation, I should
04:23PM 8 say, with Santiago Gail.
04:23PM 9 A. Well, we were just talking about shipments of marijuana,
04:23PM 10 and basically -- he also brought it to someone in Boston.
04:23PM 11 So --
04:23PM 12 Q. Who's the he?
04:23PM 13 A. Oh, Santiago Gail.
04:23PM 14 Q. Okay.
04:23PM 15 A. And I was trying to get him to basically just bring it
04:23PM 16 all to me.
04:23PM 17 Q. And what were the things that you told Santiago Gail to
04:23PM 18 try to forget about that Boston buyer, and bring all of his
04:23PM 19 marijuana to you in Buffalo, New York?
04:23PM 20 A. Well, that it's safer, because we had someone in the DEA
04:23PM 21 that could protect the -- or, at least give us notification
04:23PM 22 if something was going on.
04:23PM 23 Q. And when you said that to Santiago Gail, who were you
04:23PM 24 referencing in your mind?
04:23PM 25 A. Joe Bongiovanni.

95
04:23PM 1 Q. Now, did you name Joseph Bongiovanni to Santiago Gail?
04:23PM 2 A. No.
04:23PM 3 Q. Did you name Joe Bongiovanni to Tom Sibick?
04:24PM 4 A. No.
04:24PM 5 Q. Did you do that in an attempt to get Santiago Gail to
04:24PM 6 send you all of his marijuana?
04:24PM 8 Q. And how many pounds are we talking about?
04:24PM 9 A. At least 200 pounds, 300 pounds a month.
04:24PM 10 Q. And, so, up to that point, you had been moving about 100
04:24PM 11 pounds per month, right?
04:24PM 13 Q. And so you were looking to double or triple your output?
04:24PM 15 Q. Does that mean more money for you?
04:24PM 16 A. Yes.
04:24PM 17 Q. More profit?
04:24PM 18 A. Yes.
04:24PM 19 Q. More profit for everyone who deals with you?
04:24PM 20 A. Yes.
04:24PM 21 Q. More profit for your inner circle and friends?
04:24PM 22 A. Yes.
04:24PM 23 Q. What did Sibick and Gail tell you about where that amount
04:24PM 24 of marijuana was coming from?
04:25PM 25 A. It was coming from California. But they said they

96
04:25PM 1 brought it in smaller amounts to either Las Vegas or Utah.
04:25PM 2 Because if they couldn't -- in Northern California, you just
04:25PM 3 have tractor-trailers coming down with it, because they get
04:25PM 4 pulled over easily.
04:25PM 5 Q. What was the purpose of moving it in smaller loads?
04:25PM 6 A. So it's less detected.
04:25PM 7 Q. And now this time frame in 2012, marijuana is not legal
04:25PM 8 in New York at all, right?
04:25PM 10 Q. Did they agree to start, did Santiago Gail agree to start
04:25PM 11 sending you shipments from California ultimately intended for
04:26PM 12 you in Buffalo?
04:26PM 13 A. Yes.
04:26PM 14 Q. What was the agreement?
04:26PM 15 A. The agreement was I believe 3- or 3,200 a pound.
04:26PM 16 Q. How much?
04:26PM 17 A. 3,000 or 3,200 a pound once a month.
04:26PM 18 Q. And how many pounds?
04:26PM 19 A. 200. Then, because he was still going to ship it to
04:26PM 20 Boston, then eventually kind of phase them out.
04:26PM 21 Q. So initially he agrees to send you 200 pounds per month?
04:26PM 23 Q. With the understanding that over time --
04:26PM 24 A. Yeah. Yeah.
04:26PM 25 Q. -- you would get it all?

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04:26PM 1 A. Yes.
04:26PM 2 Q. How many 200-pound shipments ultimately did you get from
04:26PM 3 Santiago Gail?
04:26PM 4 A. Probably five.
04:26PM 5 Q. So about a thousand pounds total?
04:26PM 6 A. Yes.
04:26PM 7 Q. Once now -- once Santiago Gail is still supplying you 200
04:26PM 8 pounds per month, across country --
04:27PM 9 A. Yes.
04:27PM 10 Q. -- did you continue with Mark Keegan?
04:27PM 11 A. No. He couldn't get it anymore.
04:27PM 12 Q. Okay. Something happened to his supplier?
04:27PM 13 A. Yes.
04:27PM 14 Q. Do you know what?
04:27PM 15 A. That, I didn't know.
04:27PM 16 Q. Okay. And, so, at that point in time, spring of 2012,
04:27PM 17 your -- you've introduced a new transportation method into
04:27PM 18 your organization; is that right?
04:27PM 20 Q. Now you're having trucks going across country?
04:27PM 21 A. Yes.
04:27PM 22 Q. Did you perceive increased exposure or risk as a result
04:27PM 23 of that?
04:27PM 24 A. Yes.
04:27PM 25 Q. Why did you perceive that to be a bigger risk?

98
04:27PM 1 A. Well, because when Mark left New York, he'd call me and
04:27PM 2 then --
04:27PM 3 Q. When Mark Keegan?
04:27PM 4 A. Yes, when Mark Keegan. When he left New York, he would
04:27PM 5 call me, and I knew that if he wasn't here within six and a
04:28PM 6 half, 7 hours, something happened.
04:28PM 7 Q. And with regard to the trucks that Santiago Gail was
04:28PM 8 going to send from California, ultimately intended for
04:28PM 9 Buffalo, what was the -- what was the agreement in terms of
04:28PM 10 how it would be communicated to you and how you would know
04:28PM 11 when to receive shipment?
04:28PM 12 A. It was through Tom Sibick, but it wasn't -- it was like a
04:28PM 13 generalization. It wasn't, you know, they're leaving at this
04:28PM 14 time and they should be there at this time. So it was, like,
04:28PM 15 it should be there by Monday or Tuesday.
04:28PM 16 Q. So the -- so the delivery windows were larger?
04:28PM 17 A. Yes.
04:28PM 18 Q. And you, did you know the actual truck drivers?
04:28PM 19 A. No.
04:28PM 20 Q. So that was different than you knowing Mark Keegan?
04:28PM 22 Q. Did you discuss this new supply, new methodology with
04:29PM 23 Mike Masecchia?
04:29PM 24 A. Yes, I did.
04:29PM 25 Q. Describe your conversation with Masecchia.

99
04:29PM 1 A. Well, I asked Mike if he could talk to Joe and say, you
04:29PM 2 know, to keep a lookout for anything coming out west,
04:29PM 3 possibly Vegas or Utah, and the final destination is Boston.
04:29PM 4 Q. Why did you ask Mike if Joe Bongiovanni can do that?
04:29PM 5 A. Well just, like, if he can keep an eye out, or if he
04:29PM 6 hears something, we know that's going to happen.
04:29PM 7 Q. Is that because you felt more exposed with this new
04:29PM 8 transport method?
04:29PM 9 A. Yes.
04:29PM 10 Q. What did Masecchia tell you?
04:29PM 11 A. He said he would talk to Joe and get back to me.
04:29PM 12 Q. And did Masecchia get back to you?
04:29PM 13 A. Yes.
04:29PM 14 Q. What did he tell you?
04:29PM 15 A. He said yes, but it would be another $2,000 a month.
04:29PM 16 Q. So the price would go up for that?
04:29PM 18 Q. How much per month?
04:30PM 19 A. To $4,000 per month.
04:30PM 20 Q. So these 4,000 per month payments started when?
04:30PM 21 A. In the spring of 2012.
04:30PM 22 Q. And what was your understanding of what you were
04:30PM 23 receiving for $4,000 per month?
04:30PM 24 A. More vigilance on shipments coming in, and the same,
04:30PM 25 letting us know if we were being investigated.

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04:30PM 1 Q. Eventually, did you cultivate another new source of
04:30PM 2 supply?
04:30PM 3 A. Yes.
04:30PM 4 Q. And who was that?
04:30PM 5 A. Jarrett Guy.
04:30PM 6 Q. And did you have Santiago Gail and Jarrett Guy supplying
04:30PM 7 you at the same time, or did Jarrett Guy come after Santiago
04:31PM 8 Gail?
04:31PM 9 A. He came after Santiago Gail.
04:31PM 10 Q. Do you know, why did you switch sources of supply?
04:31PM 11 A. Well, because in late 2012, we were supposed to get a
04:31PM 12 shipment from another person, Wayne Anderson, who wound up
04:31PM 13 getting arrested. So we kind of took a break for a couple
04:31PM 14 months.
04:31PM 15 And then when we started again in 2013, I had a falling
04:31PM 16 out with Tom Sibick.
04:31PM 17 Q. Okay. So I'd like that focus in on that for just a
04:31PM 18 moment. Late 2012. But before I get there, actually, did
04:31PM 19 you provide names of your associates to Mike Masecchia to
04:31PM 20 pass along to the defendant?
04:31PM 21 A. Yes.
04:31PM 22 Q. What are some of the names that you provided Masecchia to
04:31PM 23 pass along to the defendant as being people in your inner
04:31PM 24 circle that you wanted looked out for?
04:32PM 25 A. Jacob Martinez, Mark Falzone, Mike Moynihan, Anthony

101
04:32PM 1 Greco, Matt LoTempio.
04:32PM 2 Q. By this point, was John Robinson a seller for you?
04:32PM 3 A. Yes.
04:32PM 4 Q. Was Chris Baker a good friend and seller?
04:32PM 5 A. At that point, no.
04:32PM 6 Q. Okay. Had he been a good friend of yours though?
04:32PM 7 A. Yes, I was selling it to him before then, and then after
04:32PM 8 that.
04:32PM 9 Q. Was -- was Mark Vitale someone who was getting marijuana
04:32PM 10 through you?
04:32PM 11 A. Through me, yes.
04:32PM 12 Q. From you, through who?
04:32PM 13 A. My sister-in-law, Adrienne Fina.
04:32PM 14 Q. And then eventually who?
04:32PM 15 A. John Robinson.
04:32PM 16 Q. And did you provide Masecchia with phone numbers for some
04:33PM 17 of those people that were close to you?
04:33PM 18 A. Yes.
04:33PM 19 Q. Did he have your phone number?
04:33PM 20 A. Mike Masecchia?
04:33PM 21 Q. Yes.
04:33PM 22 A. Yes.
04:33PM 23 Q. And your brother's?
04:33PM 24 A. Yes.
04:33PM 25 Q. Mark Falzone's?

102
04:33PM 1 A. Yes.
04:33PM 2 Q. Who's Mike Buttita?
04:33PM 3 A. A friend of mine.
04:33PM 4 Q. Is he someone who would get weed from you?
04:33PM 5 A. Sometimes, but no more than like a half or a quarter
04:33PM 6 pound.
04:33PM 7 Q. Is he someone who's close with you though?
04:33PM 8 A. Yes.
04:33PM 9 Q. Is that a phone number you provided to Mike?
04:33PM 10 A. That, I'm not sure.
04:33PM 11 Q. You don't remember?
04:33PM 12 A. I don't remember.
04:33PM 13 Q. Okay.
04:33PM 14 A. I don't see that I would, because he wasn't significant.
04:33PM 15 Q. Okay. Now you mentioned in late 2012, there was a
04:33PM 16 shipment of marijuana that you were supposed to get through
04:34PM 17 Wayne Anderson?
04:34PM 19 Q. And he got arrested?
04:34PM 20 A. Yes.
04:34PM 21 Q. Can you describe your role in that marijuana shipment in
04:34PM 22 terms of how you were involved?
04:34PM 23 A. I was supposed to purchase it.
04:34PM 24 Q. How much marijuana was it supposed to be?
04:34PM 25 A. 100 pounds.

103
04:34PM 1 Q. And how did you become involved in getting -- as being
04:34PM 2 the intended recipient of the marijuana that was coming to
04:34PM 3 Wayne Anderson?
04:34PM 4 A. Through Frank Burkhart.
04:34PM 5 Q. Describe it for the jury. Just describe what happened.
04:34PM 6 A. Frank Burkhart was friends with Wayne Anderson. Wayne
04:34PM 7 Anderson said he had a connection, so he said he had 100
04:34PM 8 pounds coming in, so I agreed to purchase it when it came in.
04:34PM 9 Q. And then what did you find out?
04:34PM 10 A. That Wayne Anderson got arrested.
04:34PM 11 Q. Who did you find that out from?
04:34PM 12 A. I believe Frank Burkhart.
04:34PM 13 Q. And who did you tell?
04:35PM 14 A. I told Mike Masecchia.
04:35PM 15 Q. Describe that conversation with Masecchia.
04:35PM 16 A. I just said that Wayne Anderson got arrested with
04:35PM 17 marijuana I was supposed to take, and wanted to know if
04:35PM 18 everything was okay.
04:35PM 19 Q. You wanted to know if everything was okay?
04:35PM 20 A. Yes.
04:35PM 21 Q. And when you said you wanted to know if everything was
04:35PM 22 okay, what was your intent?
04:35PM 23 A. Was for him to talk to Joseph Bongiovanni to see if
04:35PM 24 everything was okay.
04:35PM 25 Q. What did Mike say?

104
04:35PM 1 A. He said that he would talk to him.
04:35PM 2 Q. When in proximity to you learning about Anderson's arrest
04:35PM 3 for that marijuana did you talk to Masecchia and ask him to
04:35PM 4 talk to Bongiovanni to see if everything was okay?
04:35PM 5 A. I believe it was that day.
04:35PM 6 Q. Same day?
04:35PM 7 A. Yes.
04:35PM 8 Q. And after Masecchia said he'll find out --
04:36PM 9 A. Yes.
04:36PM 10 Q. -- did you later have another conversation with
04:36PM 11 Masecchia?
04:36PM 12 A. Yes.
04:36PM 14 A. Like two days later.
04:36PM 15 Q. And what did Masecchia tell you?
04:36PM 16 A. He said everything was fine.
04:36PM 17 Q. Did you ask him how he knows?
04:36PM 18 A. Well, I just assumed, I didn't ask him specifics.
04:36PM 19 Q. What did you believe Masecchia's source of information
04:36PM 20 was?
04:36PM 21 A. Was Joe Bongiovanni.
04:36PM 22 Q. And Frank Burkhart, was he someone who had an associate
04:36PM 23 named Robert Kaiser?
04:36PM 24 A. Yes.
04:36PM 25 Q. Had Burkhart and Kaiser been to your house at 697 Lebrun?
105
04:37PM 1 A. Yes.
04:37PM 2 Q. And did you distribute marijuana to Burkhart in Kaiser's
04:37PM 3 presence?
04:37PM 4 A. Yes.
04:37PM 5 Q. How much?
04:37PM 6 A. There's multiple times, so anywhere -- 5 to 20 pounds.
04:37PM 7 Q. 5 to 20 pounds multiple times?
04:37PM 8 A. Yes.
04:37PM 9 Q. Is Kaiser someone who, if he had money to buy 5 to 20
04:37PM 10 pounds, you would have sold directly to?
04:37PM 11 A. Yes.
04:37PM 12 Q. Because he was close with Burkhart, were you comfortable
04:37PM 13 with Kaiser?
04:37PM 14 A. Yes.
04:37PM 15 Q. After Wayne Anderson got arrested and after you spoke
04:38PM 16 with Masecchia and he said everything was fine, did Anderson
04:38PM 17 ever come talk to you?
04:38PM 18 A. No.
04:38PM 19 Q. Did DEA ever come talk to you about anything in
04:38PM 20 connection to that Wayne Anderson arrest?
04:38PM 21 A. No.
04:38PM 22 Q. Who was Wayne Anderson arrested with, did you know?
04:38PM 23 A. I believe his name was Damian Abbate.
04:38PM 24 Q. Did Defendant Bongiovanni come and ask you questions
04:38PM 25 about that load?

106
04:38PM 1 A. No.
04:38PM 2 Q. Now, also, in terms of trying to cultivate multiple
04:39PM 3 sources of supply over time through Masecchia, over the
04:39PM 4 years, have you had sit-downs with several individuals you
04:39PM 5 understood to be members or connected to Italian Organized
04:39PM 6 Crime in terms of sitting down with them to negotiate --
04:39PM 7 A. Yes.
04:39PM 8 Q. -- bulk marijuana transactions?
04:39PM 9 A. Yes.
04:39PM 10 Q. Who did -- who were some of the people that Masecchia
04:39PM 11 through the years has arranged for you to sit down with to
04:39PM 12 discuss that topic?
04:39PM 13 A. Butchie Bifocal.
04:39PM 14 Q. When -- approximately when was that?
04:39PM 15 A. That was approximately 2014.
04:39PM 16 Q. And Butchie Bifocal, did Masecchia tell you what his
04:39PM 17 relationship with him was?
04:39PM 18 A. It was his godfather.
04:39PM 19 Q. Over the years, did Masecchia also arrange a sit-down
04:39PM 20 meeting for you and another person named John Catanzaro?
04:40PM 21 A. That was later.
04:40PM 23 A. That was early 2000s.
04:40PM 24 Q. Did Masecchia and Butchie Bifocal also arrange for you to
04:40PM 25 meet a person named Percy --

107
04:40PM 1 A. Yes.
04:40PM 2 Q. -- Regimbal?
04:40PM 3 A. Yes. I don't know his last name, but Percy.
04:40PM 4 Q. Was it your understanding that person was connected?
04:40PM 5 A. Yes.
04:40PM 6 Q. And where did you have that meeting?
04:40PM 7 A. That was in Canada.
04:40PM 8 Q. Who arranged it?
04:40PM 9 A. Butchie did.
04:40PM 10 Q. Was Masecchia involved, as well?
04:40PM 11 A. Yes.
04:40PM 12 Q. What year was that?
04:40PM 13 A. That was 2014 or 2015.
04:40PM 14 Q. Is this in the same sort of vein as you trying to get as
04:40PM 15 money sources of supply, as many irons in the fire as you
04:40PM 16 could?
04:40PM 17 A. Yes.
04:40PM 18 Q. Now, through the years, was information reported back to
04:41PM 19 you from Lou Selva and Mike Masecchia?
04:41PM 20 A. Yes.
04:41PM 21 Q. Did you feel you were getting a return on your
04:41PM 22 investment?
04:41PM 23 A. Yes.
04:41PM 24 Q. Did you feel that the information was real and authentic?
04:41PM 25 A. Yes.
108
04:41PM 1 Q. Did you rely upon it in your dealings, making -- with
04:41PM 2 other drug dealers?
04:41PM 3 A. Yes.
04:41PM 4 Q. Did it inform and impact your decisionmaking?
04:41PM 5 A. Yes.
04:41PM 6 Q. Now, I want to ask you, did there come a point in time
04:41PM 7 where you learned about investigation into a bar named Gables
04:41PM 8 and a person named Joe Mesi?
04:41PM 9 A. Yes.
04:41PM 10 Q. How did you learn about that?
04:41PM 11 A. Through Mike Masecchia.
04:41PM 12 Q. And how did that come up in discussion?
04:41PM 13 A. He's just saying to stay away from Gables because it's
04:41PM 14 being investigated. I guess some manager Steve was selling
04:41PM 15 cocaine out of there with Baby Joe Mesi.
04:42PM 16 Q. Did you know Steve's last name?
04:42PM 17 A. No, I don't.
04:42PM 18 Q. And did you have any direct dealings with the people at
04:42PM 19 Gables, Steve, or Baby Joe Mesi?
04:42PM 20 A. No.
04:42PM 21 Q. Why do you remember this bit of information then?
04:42PM 22 A. Because it's just Baby Joe Mesi's name.
04:42PM 23 Q. And who was that?
04:42PM 24 A. A boxer.
04:42PM 25 Q. At some point, he was popular?

109
04:42PM 1 A. Yes.
04:42PM 2 Q. Did that disrupt your operations at all?
04:42PM 3 A. No.
04:42PM 5 A. Because I never frequented Gables or --
04:42PM 6 Q. You didn't deal with those two?
04:42PM 7 A. No, I didn't deal with those people.
04:42PM 8 Q. Was that information in the nature of a heads-up, so to
04:42PM 9 speak?
04:42PM 10 A. Yes.
04:42PM 11 Q. What year, approximately, was that information passed to
04:43PM 12 you about Baby Joe Mesi and Steve and a cocaine investigation
04:43PM 13 into Gables?
04:43PM 14 A. I'm not sure exactly. But I -- I would say between 2013
04:43PM 15 or 2015. It really didn't pertain to me, so --
04:43PM 16 Q. So that window, your best estimate is 2013 to 2015?
04:43PM 18 Q. And did Masecchia tell you what agency or agencies were
04:43PM 19 involved in investigating?
04:43PM 20 A. No.
04:43PM 21 Q. When he told you, what was your understanding or belief?
04:43PM 22 A. Well just that some federal agency was investigating it.
04:43PM 23 Q. Did Masecchia tell you how he knew?
04:43PM 24 A. No, he didn't specifically say it. But I assumed that's
04:43PM 25 where he got it from.

110
04:43PM 1 Q. Your belief was that he got it from who?
04:43PM 3 Q. Over the years, were different names provided to you over
04:44PM 4 time as potential informants?
04:44PM 5 A. Yes.
04:44PM 6 Q. How many times do you think that that happened?
04:44PM 7 A. At least ten times, if not more.
04:44PM 8 Q. And who was the one who would report back to you
04:44PM 9 information about someone being an informant?
04:44PM 11 Q. Do you remember all ten of those names that were passed
04:44PM 12 to you?
04:44PM 13 A. No.
04:44PM 14 Q. Why don't you remember them all?
04:44PM 15 A. Because most of them were irrelevant to me. So --
04:44PM 16 Q. What do you mean by most of them were irrelevant to you?
04:44PM 17 A. Well, I've never heard of them before, so it didn't mean
04:44PM 18 anything to me.
04:44PM 19 Q. So if they were names of people that you never heard of,
04:44PM 20 is it because they were people you did not deal with?
04:44PM 22 Q. So after you learned those names, it didn't concern you
04:44PM 23 anymore?
04:44PM 25 Q. Now, were there names of two informants that did stand
111
04:44PM 1 out to you?
04:44PM 2 A. Yes.
04:44PM 3 Q. I'm going to get into each one, but who were the two
04:45PM 4 names that did stand out?
04:45PM 5 A. Bob Kaiser and Tom Sibick.
04:45PM 6 Q. And when you say Bob Kaiser, is that Robert Kaiser?
04:45PM 7 A. Yes.
04:45PM 8 Q. The person who was friends with Frank Burkhart?
04:45PM 9 A. Yes.
04:45PM 10 Q. The person who had been at your house for transactions
04:45PM 11 with Frank Burkhart.
04:45PM 13 Q. And the other one was who?
04:45PM 14 A. Tom Sibick.
04:45PM 15 Q. Okay. Approximately what year did you -- were you
04:45PM 16 informed of Robert Kaiser being an informant?
04:45PM 17 A. I want to say they were both in 2015.
04:45PM 18 Q. Is that an estimate?
04:45PM 19 A. Yes.
04:45PM 20 Q. Were they both in proximity to each other?
04:45PM 21 A. Yes.
04:45PM 22 Q. Who did you learn about first?
04:45PM 23 A. Tom Sibick.
04:45PM 24 Q. And who did you learn about next?
04:45PM 25 A. Bob Kaiser.

112
04:45PM 1 Q. Okay. Let's start with Tom Sibick. Who told you about
04:46PM 2 the Sibick information?
04:46PM 4 Q. And where were you when he told you?
04:46PM 5 A. At my house on Lebrun.
04:46PM 6 Q. And describe specifically your meeting with Masecchia and
04:46PM 7 what he told you about Tom Sibick.
04:46PM 8 A. He said he heard from Joe to stay away from some guy Tom
04:46PM 9 Sibick that I know.
04:46PM 10 Q. In that sentence, who was the Joe that Masecchia was
04:46PM 11 referring to?
04:46PM 13 Q. And what specifically did Masecchia tell you that he
04:46PM 14 heard from Joe Bongiovanni?
04:46PM 15 A. That he was an informant for him.
04:46PM 16 Q. That Sibick was?
04:46PM 17 A. Yes.
04:46PM 18 Q. When you say an informant for him, do you mean him,
04:46PM 19 Bongiovanni personally, or DEA generally?
04:46PM 20 A. I took it as for him personally, so.
04:46PM 21 Q. Okay. And did Masecchia know who Sibick was?
04:47PM 22 A. Yeah, he met Tom Sibick before.
04:47PM 23 Q. And what did you tell Masecchia?
04:47PM 24 A. To stay away from him.
04:47PM 25 Q. And did you?

113
04:47PM 1 A. Yes.
04:47PM 2 Q. Was that good information for you to have about Tom
04:47PM 3 Sibick?
04:47PM 4 A. Yes.
04:47PM 5 Q. And approximately how long, how long after that did you
04:47PM 6 learn about Kaiser?
04:47PM 7 A. Probably within a couple months.
04:47PM 8 Q. And who informed you about Robert Kaiser?
04:47PM 10 Q. And where were you?
04:47PM 12 Q. Was anyone else present, or just the two of you?
04:48PM 13 A. Just the two of us.
04:48PM 14 Q. And was that important when you were discussing those
04:48PM 15 types of things with Masecchia that it was, it was contained?
04:48PM 16 A. I'm sorry, I don't understand.
04:48PM 17 Q. Withdrawn. Was it important those conversations be
04:48PM 18 private with Masecchia?
04:48PM 19 A. Yes.
04:48PM 20 Q. Why?
04:48PM 21 A. Because he didn't want anybody else knowing.
04:48PM 22 Q. What did Masecchia tell you about Robert Kaiser?
04:48PM 23 A. That he was an informant.
04:48PM 24 Q. For who?
04:48PM 25 A. For Joe Bongiovanni.

114
04:48PM 1 Q. How did you react to that?
04:48PM 2 A. Said make sure to stay away from him. But I haven't had
04:48PM 3 direct contact with him because he was friends with Frank
04:48PM 4 Burkhart, so I wasn't too worried.
04:48PM 5 Q. But you had sold to Burkhart in Kaiser's presence?
04:48PM 6 A. Yes.
04:48PM 7 Q. If Kaiser walked up to you and had $5,000 and wanted to
04:49PM 8 buy marijuana, would you have sold it to him before you
04:49PM 9 learned that information?
04:49PM 10 A. Yes.
04:49PM 11 Q. If he had $10,000 and he wanted to buy marijuana from
04:49PM 12 you, would you have sold it to Kaiser?
04:49PM 13 A. Yes.
04:49PM 14 Q. If he wanted to buy cocaine or pills that you had, would
04:49PM 15 you have sold it to Kaiser?
04:49PM 16 A. At the time I wasn't selling cocaine, so I wouldn't run
04:49PM 17 out of my way to get it.
04:49PM 18 Q. If it was something you had, would you have sold it.
04:49PM 19 A. If it was something I had, yes.
04:49PM 20 Q. After that, after you learned he's an informant, you
04:49PM 21 wouldn't sell him anything?
04:49PM 22 A. No.
04:49PM 23 Q. Right?
04:49PM 24 A. Yep. Yes.
04:49PM 25 Q. Is that the type of information you expected to receive

115
04:49PM 1 for what you were paying?
04:49PM 2 A. Yes, it was.
04:49PM 3 Q. At a point sometime later after you learned about Kaiser
04:50PM 4 and Sibick being informants, was information about Mario
04:50PM 5 Vacanti passed along to you?
04:50PM 6 A. Yes.
04:50PM 7 Q. How long after you learned about Kaiser and Sibick was
04:50PM 8 the information regarding Mario Vacanti passed along to you?
04:50PM 9 A. I think it was after, but I know that was definitely
04:50PM 10 2015, I'm not sure the time frames of when I was told that.
04:50PM 11 I know Mario was definitely 2015.
04:50PM 12 Q. So Mario is definitely 2015?
04:50PM 13 A. Yes.
04:50PM 14 Q. He's after you learn about Kaiser and Sibick; is that
04:50PM 15 fair?
04:50PM 16 A. Yes.
04:50PM 17 Q. Okay. And, so, who told you information about Mario
04:50PM 18 Vacanti?
04:50PM 20 Q. And was Lou Selva involved in that at all?
04:50PM 21 A. Yes.
04:50PM 22 Q. And what was, what was Lou's role in passing along the
04:50PM 23 information?
04:50PM 24 A. That he would get the information from Joe and give it to
04:50PM 25 Mike.
116
04:50PM 1 Q. Okay. Who was present when you learned about when
04:51PM 2 Masecchia told you about Mario Vacanti?
04:51PM 4 Q. Where were you?
04:51PM 6 Q. And was it just the two of you?
04:51PM 7 A. Yes.
04:51PM 8 Q. Was that standard protocol for these types of meetings?
04:51PM 9 A. Yes.
04:51PM 10 Q. Why was that important to just be the two of you?
04:51PM 11 A. Because we didn't want anybody else knowing.
04:51PM 12 Q. What did Masecchia tell you about Mario Vacanti?
04:51PM 13 A. That some guy, Paul Humphries, was telling on Mario. And
04:51PM 14 that Mario was being investigated for money laundering. And
04:51PM 15 he gave specific information that Paul Humphries owed Mario
04:51PM 16 $4,000.
04:51PM 17 Q. And did Masecchia tell you how he learned that
04:51PM 18 information?
04:51PM 19 A. From Joe Bongiovanni.
04:51PM 20 Q. Were you familiar with the name Paul Humphrey?
04:51PM 21 A. I wasn't, but when I told Mario, he was.
04:51PM 22 Q. Okay. So after you took this information about Mario
04:52PM 23 Vacanti being under investigation for money laundering --
04:52PM 24 A. Yes.
04:52PM 25 Q. -- did you go and meet with Mario.

117
04:52PM 1 A. Yes.
04:52PM 2 Q. When in relation to your meeting with Masecchia did you
04:52PM 3 go and meet with Mario?
04:52PM 4 A. Immediately.
04:52PM 5 Q. Where did you go and meet with Mario?
04:52PM 6 A. He was living in my brother's carriage house.
04:52PM 7 Q. So, where?
04:52PM 8 A. I don't know the exact address, but down the street on
04:52PM 9 Lebrun.
04:52PM 10 Q. Okay. So your brother lived down the street on Lebrun?
04:52PM 12 Q. You drive from your house, you go down Lebrun, you cross
04:52PM 13 over Eggert?
04:52PM 14 A. Yes.
04:52PM 15 Q. And over there, your brother lives like 30 seconds away?
04:52PM 16 A. Yes.
04:52PM 17 Q. And he had a carriage house?
04:52PM 18 A. Yes.
04:52PM 19 Q. And Mario Vacanti lived in your brother's carriage house?
04:52PM 20 A. Yes.
04:52PM 21 Q. Describe that meeting with Mario Vacanti where you're
04:52PM 22 informing him what you learned from Masecchia.
04:52PM 23 A. I just told him that he has to stop, because he's being
04:52PM 24 investigated. I told him that it was Paul Humphries, and he
04:52PM 25 was liked shocked. And I said about how -- I said, does he
118
04:52PM 1 owe you $4,000? And he was, like, how did you know?
04:52PM 2 Q. So based on your conversation with Vacanti, the factual
04:53PM 3 scenario you presented him was accurate?
04:53PM 4 A. Yes.
04:53PM 5 Q. So did that tell you the information you got from
04:53PM 6 Masecchia was accurate?
04:53PM 7 A. Yes.
04:53PM 8 Q. How did your conversation end with Mario Vacanti?
04:53PM 9 A. Just that he was gonna stop.
04:53PM 10 Q. Was he gonna stay away from Paul Humphrey?
04:53PM 11 A. Yes.
04:53PM 12 Q. Over time, were you informed to look out for various
04:53PM 13 surveillance vehicles?
04:53PM 14 A. Yes. Like, utility vehicles and stuff like that.
04:53PM 15 Q. Who passed that information along?
04:53PM 17 Q. When your operation moved towards dealing with Jarrett
04:54PM 18 Guy, so you moved on from Santiago Gail and you moved on to
04:54PM 19 Jarrett Guy, the Vancouver-based source of supply, when was
04:54PM 20 that?
04:54PM 21 A. That was 2013, like mid 2013.
04:54PM 22 Q. So was it around the time where you learned that Sibick
04:54PM 23 and Kaiser were informants that you moved on to using Jarrett
04:54PM 24 Guy?
04:54PM 25 A. Well, it was a little after that that I found out. But I
119
04:54PM 1 moved on because I got mad at Sibick, because he was storing
04:54PM 2 marijuana at my warehouse. And at the time, I was just using
04:54PM 3 it for -- well, he -- he wanted to store his motorcycle
04:54PM 4 there, and I said yes. And I didn't know he was storing
04:55PM 5 marijuana there. And at the time, my father was going there,
04:55PM 6 and my employees, to get tools. And I got mad, and I ended
04:55PM 7 up stealing his marijuana.
04:55PM 8 Q. And did you come up with a ruse to steal Sibick's
04:55PM 9 marijuana?
04:55PM 10 A. Yes.
04:55PM 12 A. Friend of mine had a detective in the Tonawanda police
04:55PM 13 force that made up a fake warrant, and I showed it to Sibick
04:55PM 14 and said the place got raided.
04:55PM 15 Q. Did you ever figure out the specific name of that
04:55PM 16 detective --
04:55PM 17 A. No.
04:55PM 18 Q. -- that did a fake warrant for you?
04:55PM 19 A. No.
04:55PM 20 Q. So after you stole Sibick's marijuana, that was really
04:55PM 21 Santiago Gail's marijuana, correct?
04:55PM 22 A. Yes.
04:55PM 23 Q. You were done dealing with them at that point?
04:55PM 24 A. Yes.
04:55PM 25 Q. But you presented him with a fake warrant to throw him
120
04:55PM 1 off the trail that it was stolen?
04:55PM 2 A. Yes.
04:56PM 3 Q. Did you also -- did he also have a firearm there?
04:56PM 4 A. Yes.
04:56PM 5 Q. Who did you give the firearm to?
04:56PM 6 A. To Mike Masecchia.
04:56PM 7 Q. Now, you mentioned earlier in 2014 you set up that
04:56PM 8 marijuana grow operation at Lou Selva's house?
04:56PM 9 A. Yes.
04:56PM 10 Q. Do you remember where his house was at the time?
04:56PM 11 A. Rebecca Parkway or Rebecca Circle.
04:56PM 12 Q. By that point in time, have you moved on to Jarrett Guy
04:56PM 13 as a supplier?
04:56PM 14 A. Yes.
04:56PM 15 Q. And what was -- what was your, Mike, and Lou's
04:56PM 16 discussions about why you would utilize Lou Selva's house as
04:56PM 17 a marijuana grow location?
04:56PM 18 A. It's like an extra layer of protection. If there's an
04:56PM 19 investigation into Lou's house, that Joe would know.
04:56PM 20 Q. Is that because they were friends?
04:57PM 22 Q. How many -- how did you set up that grow location and how
04:57PM 23 many plants were involved at Selva's house?
04:57PM 24 A. At Selva's? I believe it was four or five lights. And
04:57PM 25 that would be around 100 plants. Under 100 plants.

121
04:57PM 1 Q. You didn't keep it to 99 that time?
04:57PM 2 A. It was under a 100?
04:57PM 3 Q. Under 100. Okay. Over 50?
04:57PM 4 A. Over 50.
04:57PM 5 MR. TRIPI: Judge, I'm about to transition, and I
04:57PM 6 probably have another 25, 30 minutes. Do you want to cut it?
04:57PM 7 THE COURT: Yeah, I think we'll end for the day then.
04:57PM 8 You have another 25 to 30 minutes?
04:57PM 9 MR. TRIPI: Yeah, I think so, Judge.
04:57PM 10 THE COURT: Let's quit for the day.
04:57PM 11 So we'll take our evening recess. Remember my
04:58PM 12 instructions. Don't talk about this case with anyone. Don't
04:58PM 13 use tools of technology to research the case, or to talk about
04:58PM 14 the case. Don't watch, or read, or listen to any news
04:58PM 15 coverage of the case if there is any. And don't make up your
04:58PM 16 mind until the case has been submitted to you.
04:58PM 17 Enjoy the extra hour of sunshine, and we'll see you
04:58PM 18 at 9:30 tomorrow. Thanks.
19 (Excerpt concluded at 4:58 p.m.)
20 * * * * * * *
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2 CERTIFICATE OF REPORTER
4 In accordance with 28, U.S.C., 753(b), I
5 certify that these original notes are a true and correct
6 record of proceedings in the United States District Court for
7 the Western District of New York on March 11, 2024.
10 s/ Ann M. Sawyer
Ann M. Sawyer, FCRR, RPR, CRR
11 Official Court Reporter
U.S.D.C., W.D.N.Y.
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1 TRANSCRIPT INDEX
2 EXCERPT OF RONALD SERIO
3 MARCH 11, 2024
5 W I T N E S S P A G E
6 R O N A L D S E R I O 2
7 DIRECT EXAMINATION BY MR. TRIPI: 2
10 E X H I B I T S P A G E
11 GOV Exhibits 51A-1 through 6 59
12 GOV Exhibits 296A and B 64
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Serio Day 1

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02:13PM 1 UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

8 TRANSCRIPT EXCERPT - TESTIMONY OF RONALD SERIO

24 PRESENT: BRIAN A. BURNS, FBI Special Agent

1 LAW CLERK: REBECCA FABIAN IZZO, ESQ.

2 COURT DEPUTY CLERK: COLLEEN M. DEMMA

3 COURT REPORTER: ANN MEISSNER SAWYER, FCRR, RPR, CRR

9 (Excerpt commence at 2:14 p.m.)

02:14PM 10 (Jury seated at 2:13 p.m.)

02:14PM 11 THE COURT: Welcome back, folks. The record will

02:14PM 12 reflect that all our jurors are present.

02:14PM 13 The government can call its next witness.

02:14PM 14 MR. TRIPI: We call Ron Serio, Your Honor.

02:15PM 16 R O N A L D S E R I O, having been duly called and sworn,

02:15PM 17 testified as follows:

02:15PM 18 MR. TRIPI: May I proceed, Your Honor?

02:15PM 19 THE COURT: You may.

02:15PM 20 MR. TRIPI: Thank you, Your Honor.

02:15PM 22 DIRECT EXAMINATION BY MR. TRIPI:

02:15PM 23 Q. Good afternoon, Mr. Serio.

02:15PM 24 A. Good afternoon.

02:15PM 3 Mr. Serio, how old are you?

02:15PM 6 where you live, but who do you live with?

02:15PM 8 Q. And where did you grow up?

02:15PM 10 Q. Would that be city or town?

02:15PM 11 A. Town of Tonawanda.

02:15PM 12 Q. And how far have you gone in school?

02:15PM 13 A. Graduated high school.

02:15PM 14 Q. What high school did you graduate from?

02:15PM 15 A. Kenmore East.

02:15PM 16 Q. And did you go to some different high schools?

02:16PM 18 Q. What different high schools did you go to before

02:16PM 19 graduating from Kenmore East?

02:16PM 20 A. O'Hara and Kenmore West.

02:16PM 21 Q. Do you have an employment history?

02:16PM 23 Q. What types of jobs have you done?

02:16PM 24 A. Basically construction. Well, I had my own business

02:16PM 25 doing construction.

02:16PM 1 Q. We'll get to your own businesses in a moment, but in

02:16PM 3 kind of work did you do?

02:16PM 5 driver when I was 19.

02:16PM 6 Q. How did you learn to do construction work?

02:16PM 7 A. My father and my brother.

02:16PM 8 Q. You indicated you have a brother. What's his name?

02:16PM 9 A. Tom Serio.

02:16PM 10 Q. Are you older or younger than him?

02:16PM 12 Q. How old is your brother, Tom?

02:16PM 13 A. He's 49.

02:16PM 14 Q. And do you have a sister?

02:16PM 16 Q. What's her name?

02:16PM 17 A. Carrie Serio.

02:17PM 18 Q. And how old is she?

02:17PM 19 A. She's 44.

02:17PM 20 Q. Historically, what did your parents do for a living when

02:17PM 21 you were growing up?

02:17PM 22 A. My mother worked at M&T Bank, my father worked at Dunlop.

02:17PM 23 Q. And when you say Dunlop, that's Dunlop Tire?

02:17PM 24 A. Tire, correct.

02:17PM 25 Q. What was his job there?

02:17PM 1 A. He was a tire maker.