This file is available on a Cryptome DVD offered by Cryptome. Donate $25 for a DVD of the Cryptome 10-year archives of 35,000 files from June 1996 to June 2006 (~3.5 GB). Click Paypal or mail check/MO made out to John Young, 251 West 89th Street, New York, NY 10024. Archives include all files of cryptome.org, cryptome2.org, jya.com, cartome.org, eyeball-series.org and iraq-kill-maim.org. Cryptome offers with the Cryptome DVD an INSCOM DVD of about 18,000 pages of counter-intelligence dossiers declassified by the US Army Information and Security Command, dating from 1945 to 1985. No additional contribution required -- $25 for both. The DVDs will be sent anywhere worldwide without extra cost.

16 November 2006

Date: Thu, 16 Nov 2006 11:04:19 -0500
To: Philodox Clips List <clips[at]philodox.com>, cypherpunks[at]jfet.org
From: "R.A. Hettinga" <rah[at]shipwright.com>
Subject: $500mil Internet Gambling Forfeiture Action

The real Patriot Act fun with numbers starts at about page 14 or 15, below.

Much of the usual wiretap juiciness, as well...

Cheers,
RAH
--------

<http://www.queensda.org/Press%20Releases/2006%20Press%20Releases/11-November/11-15-2006b.pdf>

1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------------------------------------------------------------------------X
RICHARD A. BROWN  
DISTRICT ATTORNEY OF QUEENS COUNTY
Plaintiff/Claiming Authority
 
-against-
   AFFIRMATION
JAMES GIORDANO, DANIEL CLARIN, ERIC L. WEINER,        
MONTE WEINER, LOUIS ANDREW MOED, MELISSA Index No.
CLARIN, PRISCILLA GIORDANO, MAURICE FREEDMAN, 
FRANK LOBASCIO, FRANK LAMONICA, DONALD                
CLARKE, RALPH PICCIRILLI, PETER MASTRANDREA,                
FRANK FALZARANO, DANIEL CORRAR, ROCCO                   
RENELLE, STUART KEMPNER, PRIMARY DEVELOPMENT,
INC., PROLEXIC TECHNOLOGIES, INC.,                                    
DIGITAL SOLUTIONS, S.A. dba D.S. NETWORKS, S.A., INC.
                                                            Defendants.
--------------------------------------------------------------------------------X        
                                                                                                                                      
DAVID S. ZADNOFF, an attorney at law, duly admitted to practice in the
Courts of the State of New York, affirms the following under the penalties of perjury:

1. That I am an Assistant District Attorney, of counsel to Richard A. Brown, the
District Attorney of Queens County. 

2. That pursuant to CPLR Article 13A, the office of the Queens County District
Attorney serves as a claiming authority authorized to commence civil law suits in the
Supreme Court seeking the forfeiture of the proceeds, substituted proceeds, and
instrumentalities of felony crimes, and/or money judgments in their equivalent value.

3. That in furtherance of its duties as a claiming authority under Article 13A, the
office of the District Attorney may apply to this Court for orders granting the provisional
remedies of attachment, preliminary injunction, temporary receivership and notice of
pendency. 

4. This affirmation is made in support of the within application for an order of
attachment in the amount of five hundred  million dollars ($500 million) against the leviable
assets of the defendants above named, who, by virtue of their criminal activities in
connection with felony violations of  the Penal Law (Article 460 Enterprise Corruption), and
(Article 225 Gambling Offenses), as well as the commission of other criminal offenses, are
jointly and severally liable for the forfeiture thereof under Article 13A.  This civil liability
is predicated upon the fact that the $500 million represents a conservative estimate of the
equivalent value of the "proceeds of crime" as that term is defined by Article 13A of the
CPLR, with respect to a related criminal proceeding that has just been commenced in the
Criminal Term of this Court under Indictment No. 2699/06,  and upon which these
defendants and others not named in this civil proceeding await arraignment.  The defendants
are each charged under the indictment with acting in concert to commit inter alia, one count
of Enterprise Corruption a class "B" felony, and numerous other instances of Promoting
Gambling 10 and/or Possession of Gambling Records 10, each of which are class "E"
felonies.  Additionally, the defendants have been charged with felony and misdemeanor
counts of Conspiracy in the fourth and fifth degrees in the commission of  these crimes, and
several have been charged with Grand Larceny in the second degree, a class "C" felony, and
Money Laundering 10 and 20, which are class "D" and "E" felonies respectively.  A copy of
the cover sheet for this indictment is annexed as Exhibit "A".  As such, the sum sought
herein is forfeitable by the Queens District Attorney in order to satisfy the requested  money
judgment in the amount of  $500 million which it seeks in the verified complaint to be filed
in connection with this matter - which judgment, upon satisfaction in whole or part, - will
be distributed pursuant to the provisions of CPLR 1349.  A copy of the summons and
verified complaint is annexed hereto as Exhibit "B".  The defendants to be pursued in the
civil proceeding have been determined by the District Attorney and Police Department
investigators assigned to the Organized Crime Investigation Division, hereinafter "OCID"
to be the major players in this highly sophisticated, hierarchical, and technologically savvy
enterprise, whose financial reach extends beyond not just Queens County, but America's
shores as well.   The criminal proceeds generated by this enterprise of which a total of 28
individuals and three corporations have been indicted, are by far and away the largest ever
encountered and pursued by the Queens District Attorney's Office under New York's asset
forfeiture law.  The reach of this enterprise is such that the assistance and cooperation of
agents of the Federal Bureau of  Investigation, as well as police authorities in sister states,
and of other nations has been sought and received in order to bring it to justice.
Indeed, the investigation to be discussed below has uncovered a criminal enterprise boasting
of upwards of over 100 known agents and distributors, responsible for taking and
overseeing  the gambling action of over 1000 bettors on a wide variety of sporting events
ranging from horseracing, football, baseball, basketball and hockey, to NASCAR, PGA golf,
and professional tennis. The leader and bookmaker of the enterprise, James Giordano, aka
"Dexter", who,  with the knowing assistance of his "controller" and son-in-law Daniel
Clarin, their wives Priscilla Giordano and Melissa Clarin, (Giordano's daughter), his
"financial advisor" Louis Andrew Moed, his web page designer and developer, Maurice
Freedman, CEO of corporate defendant Primary Development, Inc., and a network of
distributors, agents, money collectors and money launderers, many of which are named
defendants in this civil proceeding, runs a tightly knit and incredibly lucrative illegal
operation, adept in the use of computer technology, and proficient in the art of secreting and
laundering  illegally garnered assets in a variety of locations in this country, as well as in
Costa Rica, Panama, the Caribbean, Switzerland, Hong Kong, and elsewhere. Notably,
defendants Eric Weiner  and his father, Monte Weiner, along with another individual,
Ronald Kaslow, who has not been named a defendant in this prosecution or civil suit, have
been intercepted on several occasions while in the process of laundering literally millions of
dollars both in this country and abroad. They are known to facilitate the obscuring of
enterprise money through the utilization of safety deposit boxes opened in their names, as
well as in the names of third parties. Frank Lobascio, Eric Weiner and Ralph Piccirilli are
also involved in the collection of gambling proceeds from subordinates and its transferral to
others within the enterprise. In this manner, illegal earnings are stored and made available
to Giordano as needed. Eric Weiner, in particular has been responsible for conducting several
financial transactions caught over an eavesdropping warrant obtained in this investigation,
pursuant to which financial intermediaries such as casinos and bank accounts belonging to
his father, Monte Weiner, have been used as repositories for unlawfully earned proceeds.
Monte Weiner has knowingly and explicitly authorized Eric's activities, and has allowed his
son to use his bank accounts to launder enterprise earnings. Monte Weiner has also accepted
gambling proceeds in the form of "loan repayments" from his son, which are then deposited
into his bank accounts.  As will be explained below, the sum for which an order of
attachment is sought, $500 million, is, by any reasonable analysis, a conservative, justifiable
and sustainable estimate of the criminal proceeds taken in by the Giordano Bookmaking
Enterprise, a criminal operation which is both ongoing throughout a given year, and,
through its operatives, adept at diverting criminal proceeds to financial intermediaries both
in the United States and abroad.  

5. This affirmation is made upon information and belief, based upon my
examination of the files, documents and records maintained by the District Attorney's Office
and the New York City Police Department, as well as a review of the contents and moving
papers submitted in support of an eavesdropping warrant (and its over 30 extensions and
amendments) granted in connection with the underlying investigation of  these defendants
and their associates by the Hon. Robert McGann, Justice of the Supreme Court, Queens
County, New York.  Your affirmant is also familiar  with the affidavits submitted in support
of applications for a series of search warrants concerning a Federal Express shipment, a
laptop computer, a hotel room and the webside known as "Playwithal Sportsbook" - the
computerized wire room through which the enterprise conducted its illegal gambling activity,
as well as for additional search warrants for various locations to be executed commensurately
with the arrests of these defendants.  

6. The underlying facts and circumstances of the related criminal investigation
and prosecution, as well as the roles played by the civil defendants named herein are
hereinafter set forth.

   THE INVESTIGATION

6

7. What has come to be called "Operation Playing Extreme" had its genesis
in July, 2004.  At that time, officers assigned to the Queens Major Case Squad and the
Queens Narcotics District were working on a narcotics distribution investigation, pursuant
to which an eavesdropping warrant was later issued by Justice Robert Kohm of the New
York State Supreme Court, Queens County. From conversations intercepted over that
eavesdropping warrant, it was learned that an individual known as Frank Lobascio, a civil
and criminal defendant in this matter and its related prosecution, was involved in a gambling
operation run by one James Giordano, with the assistance of Daniel Clarin. As such, in the
summer of that year, an investigation into the Giordano operation was commenced, which
ultimately resulted, one year later,  in detectives from the NYPD's Organized Crime
Investigations Division ("OCID") approaching the Organized Crime and Rackets Bureau
of the Queens District Attorney's Office to request an application for a new eavesdropping
warrant regarding certain cellular telephones suspected of being used in the promoting of
illegal sports betting in Queens County and elsewhere, which were believed to be involved
with gambling wire rooms in both Miami, Florida, and St. Maarten.

8.  As a result, on August 19, 2005, Justice Robert McGann  issued
Eavesdropping Warrant #060504 granting authority for the monitoring of conversations over
a cellular phone then being used by Lobascio, and for other such phones being utilized by
others, together with authorization for the use of pen registers and trap and trace devices and
the release of cell site records in connection with those cellular phones. It has been this
eavesdropping warrant, (which has been extended and amended approximately 35 times
during the past 14 months, and pursuant to which at least 28 different telephone numbers
were monitored over the period of time in which the warrant was in effect), in conjunction
with traditional surveillance techniques, the use of confidential informants and undercover
police officers, and the employment of search warrants where needed, which has served as
the primary means through which this investigation has been conducted, and the Giordano
operation taken down.

9. The investigation has uncovered that this enterprise features a network of
over 100 agents and distributors who serve as partners with Giordano, as their bookmaker.
Agents and Distributors are in fact  partners, in that they share in the profits earned through
the losses of gamblers who bet with and through them, and carry into the next gambling
week the monies paid by Giordano to those of their bettors who have realized winnings
during that time. These individuals work under the overall supervision of James Giordano,
and his number two man, Daniel Clarin, the enterprise's controller, who manages the daily
activity of the organization for Giordano. Clarin is responsible for dispute resolution and the
handling of personnel decisions and problems. He is a resource manager, in charge of the
stationing of agents and the cellular telephones and numbers they utilize.  He ultimately is
charged with controlling the channeling of the enterprise's criminal proceeds throughout the
entirety of its network, up to the bookmaker. His authority is second only to Giordano's, and
he has been overheard on several occasions issuing instructions to his underlings regarding
the collection of gambling debts owed to the organization. Clarin, like his father in law,
Giordano, is  wary and suspicious of law enforcement. He, like his boss, has been known to
frequently change his cellular telephone numbers to attempt to thwart and evade the police,
and indeed, like Giordano again, employs the technique of obtaining cellular phones in the
names of third parties, with much the same goal of evasion in mind. In fact, on February 2,
2006, in a monitored conversation with  Money Collector Frank Lobascio, James Giordano
specifically informs Lobascio, who needs to reach Clarin, that the latter "changes his cell
phone number like every month." Louis Andrew Moed, the organization's financial adviser,
has been determined by the OCID investigators to utilize his financial savvy to knowingly
advise Giordano, his wife, Priscilla Giordano, and Melissa Clarin, (their daughter and
Daniel's wife) in methods to be used in secreting and laundering of criminal proceeds,
primarily "offshore". Intercepted conversations have shown that this enterprise maintains
offshore accounts and secretes its assets in Switzerland, Costa Rica, Panama, Hong Kong and
St. Maarten. Investigators have termed Priscilla and Melissa the enterprise's  "Financial
Officers". They are known to have helped facilitate the formation of shell corporations used
by the organization to launder money. Priscilla has signed incorporation documents falsely
claiming to be corporate attorney. She is also signatory on domestic and foreign bank
accounts, through which the organization funnels proceeds. Melissa Clarin has signed
documents incorporating shell companies posing as a director. Investigators are aware of at
least four such shell corporations: Blue Crest Properties, ILA, DHIG, and Access
Offshore.

10. Agents, oftentimes referred to as "runners", recruit and deal directly with
the individuals betting with the organization through them.  Distributors, within the parlance
of the Giordano organization, are simply  Agents who have other Agents reporting to and
working under, and through them. Agents do not ordinarily pay money to their winning
bettors. This role is reserved for the bookmaker. The funds thereby expended are carried by
the Agent as his/her "Red" or "Stuck" figure. The Agent will not be paid his share of the
enterprise's profits with Giordano until his "Red" figure is depleted. This enterprise
maintains an ultra-sophisticated website developed by defendant Maurice Freedman, and his
company, Primary Development, specifically tailored to meet the needs of Giordano and
Clarin, who had input in its design and programming. Intercepted conversations in which
Freedman was a participant make it clear that he was completely aware of the nature of
operation that he was assisting. The website is known as "Playwithal Sportsbook", and is,
by its own advertised terms, "An Innovative Sports Gaming Company."  Playwithal is
accessible both online and via an "800" toll free telephone number. The site's home page,
which is the main entry page to the website, offers a single hypertext link, which is a button
that transfers users to a different page. While the home page is publicly accessible, other
pages are restricted, requiring both a login and a password.. These restricted links include a
"Sports Login" and "Agent Login". The site is solely used for gambling. While Playwithal's
web page is hosted in Tampa, Florida, due to cost considerations, legal, and security concerns
of Giordano, its web servers and wire room terminals  have been shifted to St. Maarten, and
most recently, Costa Rica.   Corporate defendant Prolexic  provides the site with web
server security from potential hackers. A bettor logging on to the site will initially be logging
on to the web page in Tampa, at which time, Prolexic software screens the bettor's internet
protocol address to search the same for "malware", a virus or tracking program, which could
be used in the infiltration of the Playwithal servers. Prolexic software is Giordano's
protective shield. Corporate Defendant Digital Solutions, S.A. dba  D.S. Networks, S.A.,
Inc. a company incorporated under the laws of Costa Rica  provides the enterprise's site with
its servers, data and software. The Playwithal website is literally a computerized betting
sheet. During the course of this investigation, specifically in December, 2005, OCID
investigators, in conjunction with the NYPD's Computer Crimes Unit, obtained a separate
eavesdropping warrant from Justice McGann for the purpose of obtaining access to, analysis
of, and the downloading of records from the site. OCID conducted interceptions and
monitoring pursuant to the Playwithal eavesdropping warrant for approximately 31/2 months.
The officers were able to access passwords for Giordano, Clarin, and other upper echelon
associates in the enterprise, as well as for agents and distributors. Through the use of
additional search warrants for computerized records, information contained on the site
pertaining to open wagers and weekly and monthly account balances for distributors, their
agents and their bettors was downloaded and analyzed. It was in large measure as a result of
this information that investigators were able to come to a fuller appreciation of the massive
scope and volume of illegal wagering handled by this enterprise. It was also during this time
period that investigators came to understand that the Giordano network of agents easily
exceeds 100 in number. The Playwithal site is tailored in such a way that enterprise
"higher-ups" have access to more information and records than do distributors. Similarly,
distributors are granted greater access than are the agents who answer to them. Regardless,
a given agent may, at any time, and with proper password, utilize site records to obtain a
snapshot accounting of the gambling accounts and balances of his individual players, and his
personal situation vis a vis monies owed to, or due from Giordano. Each of the enterprise's
agents and distributors have passwords and user names. Via use of the eavesdropping warrant
in conjunction with intercepted telephone conversations, OCID was able to associate specific
members of the enterprise with their Playwithal site user name. In almost every instance, an
agent or distributor's user name begins with the letter "Z", such as, for instance, ZEDUB,
for Eric Weiner and his father, Monte Weiner, and ZLION utilized by distributor Stuart
Kempner.

11.  Giordano's operation is massive. For purposes of this civil application, the
individuals identified by the investigation as Giordano's Distributors in the enterprise are :
Donald Clarke- Clarke can actually be considered somewhat of a "super- distributor."
Computer records examined and downloaded by OCID reveal Clarke, who goes by the
computer codename DAC, to be the enterprise's most successful and prosperous distributor.
Clarke has approximately 65 subordinate agents working for him, and 600 individuals
betting through him on the Playwithal website. Through the use of the Playwithal
eavesdropping warrant, investigators uncovered that solely during the week ending on
January 16, 2006, agents and bettors making wagers under the auspices of Donald
Clarke, and through the Giordano network, were responsible for the earning of of
$649,027 in criminal proceeds for the organization. This staggering sum, again,
representing only one WEEK's worth of activity by Clarke's bettors, is, I am informed by
investigators, only a fraction his activity. Annexed hereto as Exhibit "C", is Donald Clarke's
"Weekly Balance Report" for the week ending on January 16, 2006. It sets forth a listing of
some of his agents and the bettor/players wagering under him. It is decidedly not a complete
listing of his agents. It is merely a group of agents and bettors whose accounts Clarke
personally decided to examine at that time, and which OCID intercepted as he was doing so.
The Court will note that on some days, some agents record no activity at all. On other days,
there is quite a bit of volume. However, since some agents, (always represented by the coded
prefix "Z", and listed in capital letters), had no betting action at all during this time frame for
some of their numerically referenced bettor/ players listed beneath their coded names, it is
clear that the ending balance of $649, 027 is only a fraction of what Clarke's action could
be during other, and even busier weeks. This balance is presented on the last page of the
accounting, underneath the activities of the agent coded as "ZYELLOW". If the $649,000
recorded is a fair reflection of Clarke's average weekly activity over the course of a year, he
would personally be responsible for over $33 million in gambling proceeds during the year's
time.

Frank Falzarano- Falzarano, code named Z8300, is a Distributor who maintains a network
of some 15 agents and approximately 300 bettors. His downloaded "Weekly Balance Report"
for the same week as Clarke' s shows that many of his agents recorded no betting activity for
many days during that given week. Nevertheless, Falzarano's contribution to the enterprise's
action for the time frame amounted to $160,648, or, if extrapolated over a 52 week period,
the sum of $8.353 million. The Falzarano Weekly Balance Report is annexed as Exhibit "D".
Again, the individuals and their accounts set forth in the Exhibit represent only those players
and agents accessed by Falzarano at the time, and that which OCID intercepted as he was
doing it. This factor is significant in that it tends to reflect that these distributors had other
agents working under them, whose accounts were not being reviewed when OCID made its
intercepts.

Daniel Corrar-("ZSHARP")- is a Distributor who maintains a network of at least 15
agents, under which approximately 200 bettor/players place wagers with the enterprise. His
downloaded Weekly Balance Report is for the week ending January 29, 2006. It is annexed
as Exhibit "E". As with Clarke and Falzarano, the individuals and their accounts set forth
represent only those players and agents accessed by Corrar at that time, and that which OCID
intercepted as he was doing so. Corrar's balance and financial contribution for that week
alone, amounted to $24,442. Extrapolated over a 52 week period, this distributor would be
taking in over $1.2 million for Giordano.

Stuart Kempner-Kempner (ZLION), (Z66), is a Distributor who maintains a network of
4 to 5 agents and approximately 200 bettors. Kempner is known to be closely tied in with
Donald Clarke.
        
Rocco Renelle-Renelle (codenamed "ZNEW") is a Distributor who maintains a network of
3 agents and approximately 50 bettors. He, too, is associated closely with Donald Clarke.
Peter Mastrandrea (codenamed "Z5400") is also a known Distributor within the Giordano
enterprise. Investigators monitoring the activities of the enterprise have determined that
Giordano's operation employs Money Collectors, who are responsible for collecting the
proceeds earned each week by the agents, and who, in turn, deliver what funds are due to the
Distributors, and ultimately, to Giordano, and his upper echelon. Defendants Frank
LaMonica, Frank Lobascio, and Ralph Piccirilli are known to be Money Collectors within
the organization. It has been determined that Lobascio is charged with collecting directly on
behalf of Giordano. Frank LaMonica is known to be responsible for holding large sums of
money for Giordano's personal use as needed, much of which has been paid over to him by
Lobascio. He also is known to utilize safe deposit boxes for the retention of illegally garnered
assets. Lobascio is responsible for collecting and distributing funds to Giordano's distributors
and agents to cover their players' winnings. Clearly, LaMonica plays a major role in
Giordano's operation. On April 5,  2006, investigators monitored a telephone conversation
between Giordano and LaMonica, during which the former, while in Las Vegas, directs
LaMonica to bring him $50,000 in cash. After LaMonica agrees to make the trip, OCID
investigators followed him to Nevada, and observed him hand a bag to Giordano while at the
Bellagio Hotel. Annexed hereto as Exhibit "F" is a transcription of the phone conversation
during which LaMonica receives his instructions from Giordano.   Money Collector Ralph
Piccirilli works in association with Donald Clarke and his agents. He reports both to him, and
sometimes to Lobascio as well. Piccirilli is responsible for picking up all monies from
Donald Clarke' s network of agents.

12. As indicated earlier, the enterprise utilizes offshore shell corporations as
repositories for the funneling of  illegal gambling proceeds which it seeks to launder. Blue
Crest Properties, ILA, DHIG and Access Offshore are four such shell companies used by
Giordano and his associates. Melissa Clarin is ostensibly the Treasurer of ILA, an outfit
located in Saint Maarten. Priscilla Giordano is named as the corporation's "attorney.", which
she is not. DHIG is also headquartered in Saint Maarten, and Melissa and Daniel Clarin are
corporate officers of this company. Louis Andrew Moed, the enterprise's financial advisor,
has been instrumental in assisting the enterprise in the establishment of companies and
accounts for the laundering of money. He has been intercepted conversing with Priscilla
Giordano regarding the opening of a corporate account, and instructing her in the paperwork
she will need to set things up and complete the arrangement. Intercepted conversations
involving Giordano, the Clarins, Falzarano and others reveal that one method of hiding assets
used by the enterprise is that of directing agents to obtain payments representing their
players' betting losses in the form of checks made payable either "in blank", or payable to
one the shell companies mentioned above. In one such conversation, which took place on
November 3, 2004, Melissa Clarin is called by her father, James Giordano, requesting her
assistance in the proper method for making a check payable to DHIG.  Giordano is unsure
as to whether DHIG has an "Inc." in its corporate name, and Melissa advises him that it
"definitely" does not. She wonders aloud whether the company is "a Ltd.", before declaring
that a check payable to DHIG alone "is fine". Giordano is about to receive a check from
someone named "Danny", who apparently does not want to make the check payable to
another of Giordano's shell companies, "Access Offshore", and wishes to issue payment to
the bookmaker through DHIG instead. A copy of the transcript for this conversation is
annexed as Exhibit "G".

Annexed hereto as Exhibits "H" and "I" are two monitored telephone conversations
which took place on February 6, 2006. In the  first such conversation, an annoyed and angry
James Giordano is calling Daniel Clarin to discuss the possible use of a Swiss bank account
to be set up for money laundering purposes by Louis Andrew Moed, through the auspices of
someone we learn in the second conversation is named "Mason". During the first  call,
Giordano remarks that the use of the Swiss account under the format envisioned by Moed's
contact Mason was "too good to be true". Clarin agrees, and comments that "Thank God we
didn't make the transfer". It appears that any monetary transfer into  the account which Moed
and Mason were creating would have exposed Giordano to United States tax consequences,
which he of course is looking to avoid. The men are critical of Moed, and reiterate that the
account should be opened through an offshore company, in another person's name, (an
individual called "Fred") listing Giordano and Clarin as Directors and banking signatories,
in order to evade U.S. taxes. Giordano wants Clarin to complain to Moed,  (from whose
agent, Mason, he wants a refund for whatever fees, if any, he may have expended for
payment in the creation of the account) and ask him: "What the fuck are we opening a
Swiss account for to have the United States see our transactions."  James Giordano
reiterates that the way to go is for them to open the account with an offshore company. No
tax forms would be required as the company opening the account would not be an American
company.  From the second conversation, which was held between Giordano and Moed,
Giordano complains to Moed that Mason is "throwing a curve ball at us". He reads Moed an
e-mail Clarin  has received from Mason informing Clarin that he has set up the account,
which is now ready to receive funds. Mason tells Clarin that since Giordano signed a U. S.
Taxpayer Form W9, and the account is in his name, that he is bound by IRS regulations and
reporting requirements. Mason's message explains that the only way in which Giordano's
stated goal of avoiding taxes incurred by the "transit" of funds through the United States
would be to have had the account opened for an offshore company, regardless of whether a
signatory on the account is an American. The men discuss Moed's thought that the problem
had its genesis with the Patriot Act's provisions concerning the transfers of funds to be used
in assisting terrorist activities, and Moed admits that perhaps he needs to research the issue
a bit more through Mason.Giordano insists that "Hav(ing) transactions in my name is a no
no." He wants Moed to let Mason know that he already does have offshore companies which
apparently could be used to effectuate the desired secrecy, laundering and tax avoidance.
Giordano implies that through using one of his other offshore shell companies, he could send
him (Mason) "the papers tomorrow". The conversation ends with Moed agreeing to follow
up with Mason tomorrow, and Giordano admonishing Moed not to allow Mason to "send
anything from that account". I am informed by OCID experts that these conversations
indicate a clear intent to hide the nature and sources of funds to be placed in the account to
be set up, and  Giordano's, Clarin's and Moed's acknowledgment of the use of offshore
companies to avoid and evade police and federal inquiry into their illicit activities.

13. On June 15, 2006, James Giordano arrived at JFK Airport in Queens
County, and traveled to the Wingate Inn Hotel on Stewart Avenue, in Nassau County. On
June 17, police officers executed a search warrant inside Giordano's hotel room, during
which the officers observed and copied several papers containing gambling records, and
made a digital copy of the hard drive of Giordano's laptop computer. Perhaps most notably,
the officers secured a copy of an e-mail sent to Daniel Clarin from an unidentified individual,
(whom officers believe may be Mason, as referenced above). The e-mail, a copy of which
is annexed as Exhibit "J", reads: "Dear Daniel-Bluecrest has received today USD
1,745,843.29 from DHIG Ltd., St. Maarten. Kindly explain the origin of the funds. Is that the
amount sent from Mr. G's personal account? In this case, please explain the relationship
between Mr. G. And the above company." OCID investigators believe that the
communication represents acknowledgment of the receipt of $1,745 million in gambling
proceeds as sent from Giordano's (Mr. G.) shell corporation-DHIG, Ltd. to another of such
shells, Bluecrest. The writer requests that Clarin explain Giordano's relationship with DHIG.

14. Annexed hereto as Exhibit "K" is an intercepted conversation dated
September 15, 2006 between Giordano and Daniel Clarin in which the two men vent their
outrage and disgust with a bank which, according to OCID investigators is located in
Switzerland, which has apparently contacted payees of the enterprise with respect to
problems the bank is having in processing checks drawn on behalf of Giordano's associates.
The two men are enraged over the fact that issues pertaining to problems with Giordano
checks were not addressed to him, but rather to whom he calls, his "clients". Giordano goes
on to state that this particular bank has over $2 million on deposit through him, and that "if
they want two million to six million they have to accept United States checks without
question. If that's an issue, then we'll tell them we'll open an account with someone else."

14.[sic] Eric Weiner, working closely with and through his father, Monte, is a very
important member of Giordano's operation. Eric's role is primarily that of a distributor, but
he also plays an active role in the laundering of criminal proceeds, utilizing his father's bank
accounts towards that end. Investigators have learned that Monte Weiner is not only well
aware of his son's involvement in illegal gaming, but that he is himself part of the Giordano
network in that he provides financing to his son in the form of loans to cover his gambling
debts.  Several intercepts involving Eric Weiner and his activities are set forth below.
On May 16, 2006, Eric is in conversation with enterprise clerk "Cal", actually Robert
McGrath, who, although not named as a defendant in this civil proceeding, plays a
supervisory role in the manning of telephones and in the acceptance and accounting of
wagers, and in managing point spreads for various sporting events. In this discussion, Cal
informs Eric Weiner that Dex (Giordano) wants him to see Donald Clarke (referred to as
"D"), and pick up $350,000, of which Eric is himself to keep $250,000. Eric is then to pick
up an additional $10,000 from a bettor known as "Skinny". Finally, the $110,000 not retained
from these pick ups by Eric, is to be brought by him to Giordano. This conversation is
annexed as Exhibit "L". Exhibit "M" is a transcript of a discussion between Eric and   Ronald
Kaslow, an individual who has not been named as a defendant in this proceeding which also
took place on May 16. The two men discuss the delivery sometime during that week  of
somewhere between $15,000 and $25,000 from Kaslow to Eric's account with HSBC. The
balance of whatever funds are due is promised to Eric by the end of the month. Eric asks for
quicker delivery of the"green", because he "needs to bring it to people. In yet another
conversation with Kaslow, this one occurring on June 23, 2006, Eric receives confirmation
from Kaslow that he will be getting "a full $50", ($50,000). Eric needed the exact amount
he will be receiving so he could inform other unnamed individuals to whom funds are due.
This discussion is annexed as Exhibit "N". Exhibit "O" is an untranscribed summary of a
conversation Eric Weiner held on June 20, 2006 with a Robert Howard, a bettor in Texas
who owes money to the organization through Weiner. The two men discuss what actually
became a Federal Express delivery of $15,000 in the form of  three checks in the amount of
$5,000 each,  with the payee to whom the checks are intended intentionally left blank. During
this conversation, Eric instructs Howard to send the checks to a "Michael Israeli", whose
residence is 300 East 40th Street, New York City. In actuality, this residence is that of
Eric and his father, defendant Monte Weiner, who owns a condominium at that location.
There is no known Michael Israeli residing at 300 East 40th Street. Apparently, Robert
Howard is disdainful of issuing checks which will find their way into offshore accounts. As
such, Eric is explaining that they will be deposited into his "uncle' s" account, who is both
" clean and  very, very wealthy".  In actuality, Eric is speaking of his father. Ultimately,
OCID obtained a search warrant for the Federal Express envelope sent by Howard to the
Weiner apartment. The three checks were photographed by the police, and given over to the
F.B.I. and the NYPD's Asset Forfeiture Unit for follow-up. It has been determined that each
of the three checks were deposited into Monte Weiner's bank account. Throughout the
course of this investigation, it has been ascertained that Eric has used his father's accounts
for purposes of laundering enterprise funds. In a conversation intercepted on August 28,
2006, Monte states to his son : "Now the number is forty, right?" When Eric responds in the
affirmative, his father suggests that he "got to start tacking on a vig, since you 're late."
OCID investigators inform me that this conversation reflects the fact that Eric owes his father
$40,000, and that Monte jokingly suggests that he might now require his son to pay a vig, or
an extra sum of money to cover his costs of extending the loan. A copy of this conversation
is annexed as Exhibit "P".  Eric also has his father physically transport and pay money he
owes his associates. This is illustrated in two conversations between father and son
monitored on September 19, 2006. They are annexed as Exhibits "Q" and "R" respectively.
In the first conversation, Monte is asked by Eric to meet up with Billy Baxter, a major local
Las Vegas bookie to whom he owes money. Monte, who now has a residence in Las Vegas,
and has traveled there on Eric's behalf, is in that city at the time, and Eric suggests that
Monte meet Billy and give him between $25,000 and $35,000 on Eric's behalf. Eric tells his
father that he can repay him upon his return to New York at the end of the week, even though
Eric will be in Florida at the time. This will not present a problem because Eric has "like five
people up there that can give you money". Monte balks to an extent, complaining that he
would have too little money left for himself while remaining in Las Vegas, and states that
he "doesn't feel like carrying  " 20, 35" ($20,000-$35,000) back with him when he next
returns to Nevada. Alternatively, Monte suggests that he could partially attend to Eric's debt
in the form of Bellagio Hotel and Casino gaming chips, of  which he has $9,000 worth, and
could transfer over to Billy.  Eric agrees that partial payment could be made in this manner,
to be coupled with a cash payment to Billy of $20,000, but goes on to tell his father that the
next time he returns to Las Vegas, he will probably have "to give you something anyway to
take back, so either way you are going to have to probably travel with something." OCID
investigators inform me that this statement refers to gambling proceeds Monte transports for
Eric and the Giordano operation. The two men go on to discuss Monte's opening of a new
safety deposit box at Citicorp, which he was given in exchange for his opening of a large
account with the bank in Las Vegas. He explains to Eric that he has moved a substantial
percentage of his money out of Florida and into the Citicorp account. I am informed by
OCID investigators that Monte Weiner did, in fact,  transfer $1 million into a Citicorp
affiliate (City Bank West) account in Las Vegas. The discussion continues in the second
monitored conversation, wherein Monte again refers to the "biggest" safety deposit box he
will be getting at Citicorp. Eric goes on to tell his father that Billy won about "6 figures this
week", from which Eric will receive a percentage cut. Ultimately, Eric returns to the subject
of Monte carrying back money to Las Vegas after he returns to New York, and tells his father
that "when you get back we'll talk about if you want to fly something back and if you don't,
then I got to find other ways, you know." Monte seems to feel that he will need to carry some
of the money for his own behalf, for a tournament he is entering, rather than all of it for
Eric's payments. Eric suggests that his father could sign a marker for the entry fee at the
hotel. The final transcription involving Eric Weiner pertains to a conversation he had on May
5, 2006 with an individual named "Lenny". The two men are discussing Eric's need to
"move" a large sum of money, apparently held in a bank. Lenny, to whom a portion of the
money is owed, asks Eric how much he needs to move. To this, Eric responds, "Oh, we
we're talking about over five million dollars." Lenny offers to help Eric in disbursing the
funds, but Eric declines, explaining that there are other people involved, who "want their
money offshore". Eric also discusses the possibility of coming up with $50 ($50,000) from
someone, and being able to hand it over to Lenny tomorrow. He also speaks of an upcoming
trip to Costa Rica, where Lenny is apparently located, and suggests that he could deliver
funds to him there, in New York, or in Miami. The transcription of Eric' s conversation with
Lenny is annexed as Exhibit "S".

15.  In August, 2006, Giordano has a discussion with a very agitated Donald
Clarke who has  learned that one of his money collectors, Ralph Piccirilli has been the
subject of law enforcement surveillance after Ralph  visited Clarke at the latter's home in
Hillsdale, New Jersey to settle up weekly accounts. This conversation contains admissions
of illegal activity by both men, as well as their level of sophistication, their obvious concerns
about possible discovery, and above all, their overriding need to protect their ill-gotten gains
from the authorities. On the day in question,  Ralph was in the possession of sheets of yellow
paper and a small black bag, which Clarke tells Giordano was "filled with cash". After the
meeting ended, Clarke noticed a black van with New York license plates leaving his
cul-de-sac when Piccirilli left, and became suspicious. Clarke called Ralph, who lives some
40 minutes from him, who confirms that apparently the very same van had followed him to
his home, and had now departed. (In point of fact, this was a police vehicle conducting
surveillance.) Giordano and Clarke discuss removing Piccirilli from the operation, as Clarke
does not want Ralph "leading them to any of my runners" as well as the need to employ the
use of "7-11" throw away cell phones, rather than ever conversing about business on a home
telephone. Giordano tells Clarke that if you "stay off your home phone...they, (the police)
can't come in your house." He also warns Clarke not to allow his associates to carry bags or
briefcases into his home, in fear that this will provide the authorities with a pretext for
entering the premises to seize any money or records inside the bags. Anything that is to be
carried should be put "inside of their shirt". Giordano goes on to say that "there's one real
important thing you need to protect and that's your money." He tells Clarke that
proceeds should be kept at your grandmother's sister's uncle's friend's and cousin's
house." It should not ever be associated with Clarke or his people. Giordano urges the taking
of precautions which include the usage of throw away phones, and not carrying merchandise
in and out to meet anybody. The men discuss the coding of all phone numbers so that
runner's numbers will not be uncovered  by the police. Clarke tells Giordano that " Ralph
Piccirilli has "the phone number to every runner and customer that I got." Finally, Clarke
states that he keeps a loaded, albeit, a registered gun in his safe, and about "ten thousand" in
his house. Giordano replies: "That's all you need, you always keep that there, let them have
that." A copy of this conversation is annexed as Exhibit "T".

                                                        PROCEEDS OF CRIME

16. For purposes of this civil proceeding under CPLR Article 13A, we have
singled out the major players within the organization for civil liability under the forfeiture
law over and above their criminal accountability. From each of these individuals, the District
Attorney will be seeking a money judgment in an amount equivalent in value to the gross
amount of the estimated proceeds of the crimes committed by the enterprise, both jointly and
severally, for the 27 month period in which this investigation has been in effect, as measured
from July, 2004, when it was commenced, and running through mid-October, 2006, when
Eavesdropping Warrant #060504 was terminated. This application for an order of
attachment, a provisional remedy specifically authorized by Article 13A, is requested in an
effort to locate and levy upon assets belonging to the civil defendants within this state,
pending the outcome of the criminal prosecution to which it is related. These assets will be
utilized to satisfy the money judgment expected to be obtained in this proceeding. The
individuals named in this civil proceeding have all played important roles in the spectacular
success of the Giordano operation over the course of this investigation, and prior thereto.
Given that every bet that this enterprise has been involved in soliciting, obtaining, and
collecting, is illegal in this state (regardless of the offshore nature of much of its business)
the monies involved are by their very nature, the proceeds of crime, and thus subject to
forfeiture. As such, joint and several liability is the applicable standard. Each participant
named derived a substantial pecuniary benefit from their actions on behalf of the criminal
enterprise. Under the state's asset forfeiture law, the District Attorney is authorized in
seeking to deprive them from taking or retaining such a benefit. I respectfully wish to inform
the Court that as to each named defendant herein, investigators have obtained eavesdropping
transcriptions recording them in performing and discussing their duties and responsibilities
on behalf of the enterprise. In the case of distributors and agents, the calls typically indicate
the acceptance of illegal wagers, discussions pertaining to their own and their bettors'
account balances, and settling up their total won-lost figures for a day, week, or month.
These calls are typical of a gambling organization, and are available to the Court if required.
Furthermore, in the case of the distributors and agents sued in this proceeding, computerized
spreadsheets and balance reports with respect to these individuals are available, and, in some
instances, annexed as exhibits. They provide snapshots of  the status of their accounts and
those of their players, which snapshots were downloaded by the given defendant, and
simultaneously intercepted by OCID as the downloading was taking place.

17. With respect to the proceeds of crime taken in by the Giordano
Bookmaking Enterprise, as noted earlier, this organization was up, running, and fully
operational when this investigation was commenced in July, 2004. Eavesdropping Warrant
#060504, the main investigative tool used in uncovering the structure, nature, and extent of
the organization, as well as its participants and their roles, has been in operation through the
middle of October, 2006. All told, this enterprise has been reaping its unlawful proceeds for
a period of a minimum of 27 months. Indeed, as police and prosecutorial assets have been
committed to its investigation for that period of time, it is for that period for which this
application seeking forfeiture of criminal proceeds is based. In determining the amount of
relief to be provisionally requested of this Court in this application for an order of
attachment, the District Attorney, in his capacity as a claiming authority under Article 13A,
has extrapolated over a 27 month/117 week  period, the average ending balances of the
three Weekly Balance Reports for Distributors Donald Clarke, Frank Falzarano and
Daniel Corrar for activity taking place during January, 2006 as annexed hereto as
Exhibits "C", "D" and "E" respectively. The resulting average weekly figure will then
be multiplied by 100, representing the over 100 agents known by investigators to be working
through and for the Giordano enterprise. Clarke, a major player in the organization, had a
very strong week, bringing proceeds to the organization for the week of January 16, 2006,
of $649,027. Frank Falzarano, considered more of a mid-level Distributor /Agent, had
earnings for the enterprise for the same week totaling $160,648. Finally, Daniel Corrar' s
numbers, reflecting somewhat of a lower level of activity, that coming for the week ending
on January 29, 2006, amounted to $24,442. The weekly total for the three defendants
amounts to $834,117. Divided by three, an average yield of $278,039 in proceeds for the
enterprise per week is reached. Multiplied by 117 weeks, the product amasses to over $32.5
million. Multiplying $32.5 million by the 100 plus agents known to work through Giordano
yields a figure of $3.2 billion in proceeds for the 27 month period. While this figure would
be justifiable and sustainable, it is respectfully conceded that while investigators know that
Giordano maintains a network of over 100 distributor/agents, only 31 individuals and
corporations have been named in the related indictment . The District Attorney could, by that
measure, and for the sake of fairness, reduce his request for relief by over 2/3 of that to which
investigators believe to be sustainable. This would reduce our claim to $1 billion in proceeds.
The District Attorney's Office has chosen to seek half that sum, or $500 million as
proceeds in this case. That figure is both equitable, very conservative, and provable, given
the worldwide reach of this enterprise, which, as noted at the outset of this affirmation, is the
largest financial enterprise ever sued civilly in Queens County under our state' s forfeiture
statute.

18. It is reasonable to assume that in a prosecution such as this, that based on
the OCID investigation, most, if not all defendants have family and friends not charged
herein who have access to their funds. Additionally, all these defendants have the motivation
and wherewithal to potentially contact their relatives and friends in an effort to dissipate or
otherwise and secrete their assets. Assets of these defendants could, and most likely are
located in a wide variety of locales and financial institutions, including banks, savings and
loans, brokerage houses, mutual fund accounts, and otherwise. Of course, items such as cash,
jewelry, and securities, may reasonably be expected to be found in safety deposit boxes or
other financial institutions wherein levies pursuant to this order will occur. As such, given
the obvious motivation of a criminal defendant perhaps released on his own recognizance
or on relatively low bail to dissipate , hide or secrete assets from the claiming authority under
Article 13A, it is respectfully requested that this Court grant as part of its ex parte order of
attachment, an application for disclosure pursuant to the authorization of CPLR Section
1326. Pursuant to this directive, any bank or other financial institution upon which a levy is
made by the "claiming agent" as defined by CPLR 1310 (2), shall inform said agent (in the
usual case, an officer of the NYPD) of the existence of any safety deposit box maintained
therein or at any of its branches, (if known), in which a defendant whose assets have been
attached hereunder has a legal or equitable interest. In this manner, the District Attorney may
immediately seek, where appropriate, a search warrant to examine the contents thereof, in
an effort to prevent a defendant from dissipating assets and defeating the claiming authority's
right to seize and forfeit any ill-gotten gains. It is further requested that pursuant to CPLR
1326, each such financial institution upon which a levy hereunder is attempted be directed
to disclose to the claiming agent to the extent of its knowledge, information regarding any
property in its control in which a defendant herein has, or may have, an interest, or of any
debts owed or which may be owed to such a defendant.

19.  It is also respectfully submitted that the reach of this Court's order shall
be limited to leviable assets in which these criminal defendants have, or may have, an
interest, within the confines of the state of New York, up to and including the amount of relief
granted. However, given the nationwide and even global reach of this particular enterprise,
the assistance of the appropriate authorities in sister states and  the federal government, as
well as the governments of foreign states, is anticipated.

20. That a motion to confirm this order will be made on such notice to the
defendants as this Court shall direct pursuant to CPLR 1317 (2) within five days of any levy
hereunder, unless this period is waived or extended by the defendants.

21. For a discussion of the applicability of CPLR Article 13A to the facts of
this case, and the District Attorney's entitlement to the provisional remedy of an ex parte
order of attachment pursuant to the guidelines set forth under said Article, the Court's
attention is respectfully referred to the accompanying memorandum of law, which is
submitted herewith.

22. WHEREFORE, it is respectfully requested that this Court issue an order
of attachment in the amount of $500 million against the assets of the defendants named
herein as may be located within the jurisdiction of this Court, and which are appropriately
subject to levy under law.
                                                                          ______________________________
                                                                                        David S. Zadnoff
                                                                                 Assistant District Attorney
Dated: Kew Gardens, NY
            November,      2006
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