Note: This story is Fiction created by a warped mind. All characters are fictitious and any resemblance to persons living or dead is purely accidental. The author retains all rights to this story.
I am sorry this story is late; my computer went on an extended vacation, and took my stories to the shop with it.
44. Unbelievable
The Congressional hearings had barely started, when Congress broke for their Christmas holiday. When they returned in January, they resumed, and it took two full months to go through all the paperwork the FBI and the Justice Department provided.
The DOJ and FBI presented no firm evidence against Marco Mancuso. They only had possibilities and probabilities against Anthony Caruso. They tried to tie Anthony Caruso into the drug fiasco at the port of Newark. However, the special prosecutor asked the FBI to provide one tangible piece of evidence the Bureau could present, after 12 years of surveillance, in court that could tie Mr. Caruso to that drug shipment,
or any other criminal activity.
They presented the video tapes of the olive oil can disappearing, while the exterminators were spraying the building for roaches. The Special Agent in Charge of the drug operation explained, the 'can of oil' was purchased at an Italian market, by the wife of agent McAfee, who was killed, in her home. At the time she was seated at her kitchen table, with two men, who we believe were employed by Mr. Caruso, having coffee. When her husband walked in and saw the men, he started firing at them, and Mrs. McAfee was killed along with both the men. Agent McAfee was severely wounded, and barely escaped with his life."
"Were they threatening Mrs. McAfee, while they were drinking her coffee?"
"No sir they were not."
"Were they holding a gun on her, while they were having coffee?"
"No Sir they were not."
"Why did agent McAfee start shooting, when he walked in to the room, instead of trying to arrest the men?"
"In his statement to us, judge, he said he feared for his life."
"He feared for his life, because two men were sitting peacefully having coffee with his wife. Is that correct, Director?"
"Yes Sir that is what he said in his sworn statement."
Judge Swarovski asked the Director of the FBI to provide a picture of Anthony Caruso and compare it with a picture of the men in white carrying the can of oil away. There was no comparison between the two men. The judge asked, "You cannot identify the man in white; but you absolutely know, by comparing these two pictures, that it is not Mr. Caruso. Is that correct?"
"Yes, judge, that is correct."
"You have no other evidence, except the one can of olive oil was packed with, what you tested as cocaine. However, you cannot present it to this committee, and you cannot prove that Mr. Caruso had anything to do with it. Is that correct?"
"Yes judge that is correct. However we have circumstantial evidence that leads us..."
"If you cannot prove that Mr. Caruso was involved, in any way, with that one can of olive oil, you cannot prove that he had any involvement with that entire shipment. If you brought this case to me in a court of law, I would throw you out on your ear."
"Judge, we feel it in our bones that he is..."
"Mr. Director, unless you have evidence, you cannot present it. In this country you are innocent until proven guilty. You cannot prove that either Mr. Caruso or Mr. Mancuso has anything to do with organized crime. You are dismissed."
Judge Swarovski said to the member on the dais, "Members of the committee, in my judgment the FBI has overstepped its bounds, as a law enforcement agency, and has been derelict in its duty. I will write up my findings and present them to you within one week. I would suggest that you request the president to begin a search for a new Director of the FBI. It is my opinion that ridding the FBI of these political appointees, and replacing them with competent, properly trained law enforcement officers, would stop this abuse of power. It would allow our federal agents to focus on the real problems this country has with crime."
"Judge Swarovski, the members of this committee will meet in executive session, and make our recommendations to the full Congress, pending your report. However, as for me, personally, I am deeply saddened by the way the FBI has treated two Italian American citizens, just because of their ethnic background. Our recommendations will be passed along to the President. This meeting is adjourned."
Thomas Shackleford turned off the television in his office and smiled. His case against the FBI was made, and all he had to do now was have his associates do the transcriptions from Judge Swarovski's findings, after they were released to the public. He had just finished writing the memo to his staff, when his secretary buzzed him.
The legal department, from the American Airlines, was on the telephone requesting a meeting. He picked up the phone and said, "I suspect you just watched what I did?"
The voice on the other end of the phone said, "Yes we did."
Mr. Shackleford said, "In that case, I would suggest you write a check for $100 million, because if I take this to court, the jury may just give us more than we ask for. The offer is good for 72 hours. Have a good day gentlemen."
Shackleford buzzed his secretary and told her to contact Mr. Mancuso for him. Call him on his cell phone, because he is probably at work.
"This is Marco Mancuso, how may I help you?"
"Mr. Mancuso, this is Thomas Shackleford. We have just received a phone call from American Airlines. I believe we will be getting a check, within 72 hours, for $100 million. I did not give them much of a choice, because of what happened in Congress today."
"I am sorry Mr. Shackleford I have been very busy today and I was unable to watch any television. What happened in Congress today?"
"The FBI got torn to shreds by Judge Swarovski. He told Congress that in his opinion the FBI had overstepped its boundaries as a law enforcement agency, and recommended that the president look for a new head of the FBI and rid the agency of all political appointees. You have won both lawsuits Mr. Mancuso, even though American Airlines is the only one sending us a check now. The FBI and the Justice Department have no option but to seek a settlement with us. It will never see the inside of the courtroom, because they have no case against you or Mr. Caruso and they know it. If it goes to a jury, the jury may give you more than the $900 million we have asked for."
"That is wonderful news Mr. Shackleford. I will advise my son-in-law and my daughter as well as Rose Caruso. Hopefully, she may one day get her husband back, but only God knows that answer."
"I wish I could do more for Mrs. Caruso, but that is out of my hands. What I can do, is because this case became so easy for me, is reduce my fees to 15%, as long as the feds do not cause me a problem."
"Mr. Shackleford, that is very kind of you. We will put the extra money into a trust fund for Annarosa and any future grandchildren that Donna and Vincent have."
"My office can set that up for you if you would like Mr. Mancuso?"
"You are being more than kind Mr. Shackleford. If you would do that for us, it would be greatly appreciated."
Marco called Milan as soon as he was off the phone. He asked to speak to Rose. He said, "Rose, I wish Anthony was awake to hear this news, however, maybe if you say it to him, while he is still asleep, in God's hands, he will hear it. Mr. Shackleford called and told me American Airlines has agreed to pay $100 million. Congress has been told that the FBI has overstepped its legal boundaries, and the special prosecutor has torn them apart. Mr. Shackleford said that the Bureau has no option but to pay us what we asked for, because if they take us to trial, the jury may give us more than we have asked for. He also reduced his fees to 15%, because this case has been so easy for him. He is putting the extra money into a trust fund for Annarosa and whatever other children Vincent and Donna have in the future."
"Marco, while I am kneeling next to Anthony praying for his recovery, I will tell him this wonderful news. Although if my prayers do not help him recover, I doubt anything else will."
The FBI was listening in to the conversation, between Mancuso and Rose Caruso. It was the last one they were able to record, because their warrant had been rescinded, by the federal court. Agent Appleby shook her head after listening to it, and thought, "It is not possible we were wrong all these years. It just cannot be that we are wrong. Every shred of evidence led us directly to him. Were we following a red herring all this time? Did one of the other families set us up? We have to go back to the very beginning, and look at all the evidence from a different angle. Mr. Cross is going to bite everybody's head off if we followed the wrong man. No, he is going to bite my head off."
10 days later, the president fired a director of the FBI and named a temporary head, until a new one could be found. Congress released a scathing report about the FBI; their shredding of documents, the deleting of emails, the lying under oath and every other illegal item they had done, while attempting to gather evidence against Anthony Caruso and Marco Mancuso. The name of another supposed Mafia member surfaced. Alberto DiAngiolla's name was mentioned in many confidential documents in connection with the FBI surveillance. They had been watching him for nearly 18 years, and were unable to make anything stick to him. It was another fiasco for the FBI and Congress made the most of this, saying it was another example of racial profiling of the Italian-American people.
When Thomas Shackleford did not hear from the Justice Department seven days after the report was released by Congress, he sent a motion to the federal court requesting a speedy trial. This required all parties to be ready to begin testimony within 90 days.
The Justice Department vehemently fought against this motion, because they needed more time to get their documents together.
Shackleford said to the judge, "Your Honor, all the Justice Department has to do is pick up the documentation from Congress. It is already annotated and sequenced for them. They should have no trouble at all realizing they have no case against my clients."
The judge agreed, and said, "Jury selection would begin in 80 days."
As they left the courtroom, Shackleford said to the lead attorney, "A check for $900 million, within 72 hours, or I take this to court, and ream your ass out, like Leon did in front of Congress and the world. You have wasted one day of my time, and my client's money. I take both of them very seriously. I get the check or I am going to ask for "Triple Damages," because of "The Attempted Murder of Anthony Caruso, Rose Caruso, Annarosa Caruso, and Angelina Mancuso. If Anthony Caruso dies from his wounds, I will ask for murder charges will be filed, and the FBI will be named as a co-respondent in that trial. Also, Child Endangerment Charges and everything else my staff can find in the Congressional Records, we get from the hearings are going to be part of our case against the Department of Justice, and those bastards at the FBI. If I were you, I would run, not walk to the Secretary, and have him sign the approval, TODAY!"
A 'Direct Deposit' in the amount of $900 million was paid into the escrow account of Thomas Shackleford's law firm 71 hours later, by the U.S. Treasury Department.
Thomas Shackleford had won many cases in his lifetime as a lawyer, but he had to work his ass off to do it. This case had taken him one phone call; and two hours in court. This case had made him $150 million in fees. He was a celebrity in the legal world, already. When the news of his fee, for this victory, was made known; and the time he had spent to make this sum of money, he was anointed king.
