Nature of the Case
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Facts
A federal jury convicted Arthur Gianelli, Dennis Albertelli (D), Frank Iacaboni, and Albertelli's wife Gisele of racketeering, racketeering conspiracy or both, and a host of other federal crimes, incident to their years-long participation in a criminal organization responsible for a large illegal gambling operation. Gianelli headed the group, with Albertelli serving as the second-in-command. The charged criminal conduct involved four operations: the first three were different flavors of continuing illegal gambling businesses--sports betting, 'football cards,' and video poker--that spawned a variety of criminal support activities such as money laundering, usurious lending, and extortionate collection of credit; the fourth comprised a single venture by the three male defendants (but excluding Gisele) seeking to burn down a business in North Reading, Massachusetts. A contested issue at trial was the motive underlying the attempted arson. Over objection based on privilege, Mark O'Connor, an attorney and long-time friend of D, testified about a conversation he had with D about 'various strategies that might be employed to get control' of the Lynnfield restaurant from the 'guys on the other side' D said if they could cut off their funds, wouldn't they then fall faster in a financial house of cards? And O'Connor said, Sure, but how is that going to happen? And D said, Well- . . .--what if there was a fire at the Big Dog North Reading and they weren't able to take any income out of the place? As O'Connor vehemently discouraged such an effort, D inquired, '[H]ow illegal is arson?' Ds were convicted and appealed.
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