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The U.S. Supreme Court on Monday agreed to hear a pivotal case involving an alleged associate of New York's Genovese crime family. This case, featuring the reputed mobster Salvatore Delligatti, aims to resolve a circuit split over whether crimes of violence can be committed through inaction, an issue affecting "thousands" of prosecutions each year.

Supreme Court Mob Case Hearing : Delligatti's Conviction and Appeal

Salvatore Delligatti's case was the sole one granted certiorari from a lengthy list of cases issued Monday. Delligatti contends that his conviction on a federal charge of attempted murder in aid of racketeering cannot stand. He argues it is based on a New York attempted murder charge that could be triggered by an act of omission, thereby not constituting a crime of violence. The Second Circuit rejected his interpretation, but a Third Circuit ruling to the contrary highlights a persistent division among the circuits.

Supreme Court Mob Case Hearing : The Circuit Split

The circuit split involves 10 courts of appeal, with most siding with the government's stance. The government's brief emphasized that without Supreme Court intervention, the circuits will remain intractably divided. The office of the U.S. solicitor general has yet to comment, while Delligatti's attorney expressed eagerness to present their case to the Supreme Court.

Background of the Case

According to the government's petition, Delligatti worked under Robert DeBello, a "made" man in the Genovese family. In 2014, Delligatti allegedly paid $5,000 to members of the Crips street gang to murder Joseph Bonelli, who was interfering with a Queens sports gambling operation. The crew's attempt to kill Bonelli failed when police intervened.

Delligatti faced multiple charges, including racketeering conspiracy, operating an illegal gambling business, conspiracy to commit murder for hire, and attempted murder in aid of racketeering. He was convicted and is currently serving a 25-year prison sentence.

Legal Implications

Central to the case is Delligatti's conviction under the federal Violent Crimes in Aid of Racketeering statute, linked to a New York statute for second-degree attempted murder. The state statute's elements can be proved without affirmative action, which the Second Circuit deemed a violent crime involving physical force. This view is supported by seven other circuits but opposed by the Third and Fifth circuits.

Delligatti's brief stresses the widespread impact of this issue on federal law related to crimes of violence, including those involving firearms, the Armed Career Criminal Act, and the Immigration and Nationality Act. "The time to take up the question is now," argued Delligatti's petition, describing the circuit split as well-developed and entrenched.

Supreme Court Mob Case Hearing :Government's Argument

The U.S. solicitor general's brief asserts that Congress considered the causation of violent acts when passing the firearm statute under which Delligatti was charged. The government contends that excluding premeditated acts like causing death by starvation through denial of food would defy common sense.

The government's legal team includes Elizabeth Prelogar, Nicole Argentieri, and Sonja Ralston from the U.S. Solicitor General's Office. Delligatti is represented by Allon Kedem, Matthew Farley, Dana Or, Charles Birkel, Nicole Masiello, and Claire Fahlman from Arnold & Porter Kaye Scholer LLP, along with Lucas Anderson from Rothman Schneider Soloway & Stern LLP.