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The grandson of infamous Gambino crime boss John Gotti is seeking a reduced prison sentence — or at least a delay in reporting to prison — arguing that he intends to donate a kidney to his sick mother before beginning his term behind bars.

Carmine Agnello, 39, is scheduled to be sentenced March 13 in federal court after pleading guilty in 2024 to wire fraud tied to $1.1 million in COVID-19 relief loans. Prosecutors say Agnello fraudulently obtained the funds through false applications and used a significant portion of the money to invest in cryptocurrency rather than support a struggling business as required under pandemic aid rules.

Now, in a sealed filing, Agnello has asked the court for leniency based on his plan to serve as an organ donor. The request, reviewed by prosecutors, argues that his medical procedure and recovery warrant either a lighter sentence or a postponement of his surrender date.

Federal prosecutors from the U.S. Attorney's Office for the Eastern District of New York have firmly opposed the move. In a written response, they stated that “being a kidney donor does not … constitute extraordinary family circumstances and warrant a below guidelines sentence.” They acknowledged that a delay “may be appropriate” if a confirmed surgery date is imminent, but stressed that organ donation alone should not reduce the punishment.

Although court documents do not publicly name the intended recipient, reports indicate the kidney is likely for Agnello’s mother, Victoria Gotti, who has previously disclosed health struggles and the need for a transplant. Prosecutors noted in their filing that she has two other adult sons living with or near her who could assist during recovery.

They also emphasized that the Federal Bureau of Prisons has medical facilities capable of handling post-surgical care. According to the government’s filing, prison officials have advised that Agnello could be taken into custody once cleared by his surgeon if the transplant goes forward.

The case stems from three fraudulent loan applications submitted through Crown Auto Parts. Agnello admitted he misrepresented the number of employees and falsely certified how the pandemic relief funds would be used. Authorities say the loans were intended to help small businesses survive the economic fallout of COVID-19, but instead were diverted for personal financial gain.

In addition to a potential prison term of up to three years, Agnello has already been ordered to pay $1.2 million in restitution.

The sentencing places renewed attention on the Gotti family name decades after John Gotti — once dubbed the “Teflon Don” — died in federal custody. While prosecutors insist the case is strictly about financial fraud, the high-profile family connection has fueled public interest in the outcome.

The judge will ultimately decide whether Agnello’s proposed organ donation justifies any adjustment to his sentence or surrender timeline. For now, prosecutors maintain that charitable intentions do not outweigh the seriousness of defrauding a federal relief program during a national crisis.