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videotapes and related products out of its office in Rhode
Island. Capital Video’s taxable year ended on the last day of
February.
During the 1980s and early 1990s, Capital Video and Guarino
made “tribute” payments to Natale Richichi (Richichi), a capo in
the Gambino crime family, in excess of $1,728,000 in exchange for
protection provided by the Gambino crime family to Capital Video
against extortion from other organized crime families.
Also, during these same years Guarino conspired with
Richichi to obstruct the Internal Revenue Service in the
assessment and collection of Richichi’s Federal income taxes
relating to the tribute payments Richichi received from Capital
Video and Guarino.
Guarino’s conspiracy and obstruction relating to the above
tribute payments included manipulating the accounting records of
Capital Video, skimming cash from peep show machines to provide
cash for the payments made to Richichi, and filing false Forms
1099 relating to the payments made to Richichi.
During 1992, 1994, and 1995, Guarino, Richichi, and other
individuals were indicted on various Federal criminal charges
relating to the above activities. Guarino was indicted in the
U.S. District Court for the District of Nevada and charged with
conspiracy to impede, impair, and obstruct the lawful functions
of the Internal Revenue Service and to evade the Federal income
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