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Home Source documents Government’s Sentencing Memorandum and Motion for a Sentence Above the Guideline Range — United States v. John Trasacco, No. 3:22cr33 (OAW) (Dkt. 275, D. Conn.)

Government’s Sentencing Memorandum and Motion for a Sentence Above the Guideline Range — United States v. John Trasacco, No. 3:22cr33 (OAW) (Dkt. 275, D. Conn.)

Summary

Prosecutors in the District of Connecticut ask for a sentence above the 33-41 month guideline range for John Trasacco, whom a jury convicted on December 2, 2022 of wire fraud conspiracy and wire fraud with Michael DiMassa. The memorandum, dated March 21, 2023, says Trasacco gave DiMassa phony invoices from two Trasacco entities, L&H and JIL, for COVID supplies and a $184,019 UV light cleaning never ordered by West Haven, which paid $431,982 in checks to those entities; Trasacco kept nearly all of it. It quotes DiMassa's trial testimony about being taken into an empty building and a post-arrest call, and cites six prior convictions, only one of which scored criminal history points. The government opposes a minor-role reduction and seeks restitution of $411,982, net of about $20,000 in cash kickbacks.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

                       UNITED STATES DISTRICT COURT
                         DISTRICT OF CONNECTICUT


UNITED STATES OF AMERICA                 :        Case No. 3:22cr33 (OAW)
                                         :
             v.                          :
                                         :
JOHN TRASACCO                            :        March 21, 2023


         GOVERNMENT'S SENTENCING MEMORANDUM AND
       MOTION FOR A SENTENCE ABOVE THE GUIDELINE RANGE

                                   I.        Introduction

      John Trasacco conspired with Michael DiMassa to steal from the citizens of

West Haven over $400,000 in funds designated for COVID relief during the

pandemic. Trasacco himself kept virtually all of the proceeds of the crime. For

the reasons stated below, because § 2B1.1 of the Sentencing Guidelines does not

fully account for the particular nature and circumstances of Trasacco’s offense

conduct, the Court should exercise its discretion under § 3553(a) and impose a

sentence above the advisory Guideline range; order the defendant to pay restitution;

and impose a period of supervised release that will ensure that in the future,

Trasacco will at last live a life within the confines of the law.

                                 II.    Offense Conduct

        On December 2, 2022, the jury convicted Trasacco of conspiring to commit

wire fraud in violation of 18 U.S.C. § 1349 and substantive wire fraud in violation of

18 U.S.C. § 1343. During the course of the trial, the Court heard extensive

testimony of how Trasacco gave DiMassa phony invoices from two entities

                                              1
controlled by Trasacco, L&H and JIL, for products and services that had never been

ordered by West Haven. A litany of West Haven municipal officials testified that

they had neither ordered nor seen any of the goods listed on the fraudulent invoices.

Some of the buildings listed on the JIL invoice that were to be reviewed for a

supposed $184,019 ultraviolent (“UV”) light cleaning by JIL had been closed and

boarded up for some time. All told, the City of West Haven issued checks totaling

$431,982 to Trasacco’s entities, all of which he promptly cashed.

              A.       DiMassa Meets Trasacco Through Bernardo

      At the time DiMassa met Trasacco, DiMassa and John Bernardo were

operating a scheme involving an entity called Compass Investments that would

eventually defraud West Haven of over $600,000. Bernardo introduced DiMassa to

Trasacco:.

             Q. Let's reset the scene. You went to Mickey Blakes?

             A. Yes.

             Q. And that was the first time you met John Trasacco?

             A. Yes.

             Q. And John Bernardo was there?

             A. That's correct.

             Q. And did John Bernardo introduce you to Mr. Trasacco?

             A. Yes.

             Q. And you sat down at a table?

             A. Correct.


                                          2
             Q. That the initial meeting, what did Mr. Trasacco tell you about
             himself?

             A. He told me that he wrote screenplays or was a writer. He told me
             that he had been to prison in the past. He wrote in prison. He invented
             in prison. He told me about a coffee cup.

DiMassa Trial Testimony at 32-33.

      Trasacco would go on to tell DiMassa that he (Trasacco) had been to prison in

Mexico. He introduced DiMassa to an illegal gambling operation at Doma

restaurant, and eventually collected money from DiMassa for wagers DiMassa

made and lost through the Doma operation. Id. at 34-36, 40-44. Trasacco began

to give DiMassa L&H invoices for COVID supplies that had never been ordered by

West Haven. Id. at 44-45, 53-57, et seq.       DiMassa processed the invoices and

gave the checks to Trasacco at Doma. See, e.g., id. at 62-63. Trasacco cashed the

checks despite delivering only a very small portion of the items on the invoices. Id.

at 63-65, 69-70.

               B. Trasacco takes DiMassa to an Empty Building

      When DiMassa expressed concerns that multiple L&H invoices had been paid

without much product, Trasacco took him into an empty building across the street.

             Q. You walked out of Doma?

             A. Correct.

             Q. And did you walk across the street?

             A. Yes.

             Q. Where did you go after you walked across the street?

             A. Through the alleyway back to the building.

                                           3
Q. What happened next?

A. We proceeded to enter the building.

Q. And did you enter the building?

A. Yes.

Q. Once you are inside the building, what happened next?

A. We walked inside and kind of made a semi-circle
around the inside until I got to the point where there was
the glass-paned window and I was standing there and Mr.
Trasacco was standing in front of me.

Q. And what happened next?

A. He thanked me for my help and he told me it was
appreciated.

Q. Did he say anything else?

A. He didn't. But we didn't leave immediately. There
was, like, an awkward pause. It was kind of an awkward
pause. And then finally, yes, he proceeded to turn around
and we left the building and then entered out into the
alleyway in the back.

[…]

Q. Did he mention anything else?

A. He did mention that I had kept my word from our
original conversation about COVID relief.

Q. What did you understand that to mean?

A. That I had obviously delivered on the invoices that
he gave me.

Q. Without product?

A. Yes.

                               4
Q. And when you were standing there, where were you both
standing in relation to the exit?

A. Mr. Trasacco was between myself and the exit.

Q. And where was he standing relative to you?

A. Close. We were very close together.

Q. How did this make you feel?

A. Kind of uneasy, to say the least.

[…]

Q. You said you felt uneasy?

A. It did not make me feel comfortable, no.

[…]

Q. Where you concerned for your safety?

A. Yes.

Q. What do you mean by that?

A. I was concerned that after the first conversation
about L & H, about the amount of money, I was concerned
that there would be a continued push and that my pushing
back on further --

[…]

Q. Were you concerned for your safety?

A. Yes, I was.

Q. Why?

A. I was concerned because of our first conversation,
that because of my pushback on the amount of money and the
lack of product, that if I didn't continue doing this

                               5
             there would be issues.

DiMassa Trial Testimony at 104-107.

      Trasacco continued to provide DiMassa with fraudulent L&H invoices, and

Trasacco personally received all of the money that West Haven paid to L&H by

depositing the checks into an account controlled solely by Trasacco. Eventually,

the L&H fraud was abandoned because hundreds of thousands of dollars of invoices

have been processed for items never ordered or received by West Haven, and

DiMassa was concerned that the amount of money paid to L&H for these tangible

items would eventually draw attention. Id. at 114-16, 124-28.      Trasacco,

Bernardo and DiMassa subsequently conspired to start a new fraud scheme,

proposed by Trasacco, in which Trasacco would purport to provide UV light cleaning

services to West Haven. Id. at 125. Bernardo, Trasacco and DiMassa agreed to

split to proceeds with each taking $40,000 with additional monies for Trasacco. Id.

at 128-29. The very next day, Trasacco emailed to DiMassa a fraudulent invoice

from JIL Sanitation Solutions LLC in the amount of $184,019. Id. at 129-30.

DiMassa called Trasacco and told him that given the amount of the invoice, more

detail was needed. Trasacco asked DiMassa to give him the square footage of the

buildings listed on the invoice, which DiMassa did; Trasacco then sent a revised

invoice to DiMassa. Id. at 131-32. DiMassa then arranged to have West Haven

issue a check to JIL for the $184,019, and delivered the check to Trasacco, who once

again retained all of the proceeds. Id. at 133-34.




                                          6
      After DiMassa realized that the FBI was investigating his schemes, he and

Bernardo called Trasacco to tell him that the “jig is up.” Id. at 138-40.       DiMassa

and Bernardo were arrested shortly thereafter on a federal criminal complaint,

      C.       Trasacco Arranges a Post-Arrest Visit to DiMassa’s Home

      After DiMassa was arrested on a federal criminal complaint, he received a

call from Trasacco, who had not yet been arrested:

               Q. What did he say to you?

               A. He reached out, basically said that the 116th District lost a good
               representative, and he also advised me that some of the people from
               Doma that I knew wanted to send food to the house, wanted to send
               something to the house.

               Q. Say that again?

               A. That some of the people that we mutually knew from
               Doma wanted to send food to my house.

DiMassa Trial Testimony at 145.

      DiMassa indicated that he left his residence but that a security camera at his

home recorded the fact that a unknow male showed up at his home

               Q.    Tell the jury what happened.

               A.    So around early afternoon according to the time stamp
                     on the video, I was able to see a gentleman in a hoodie,
                     completely the hood covering most of his face from the
                     view of this camera.

 Id. at 147.

      DiMassa indicated to the federal law enforcement that he did not recognize

the man at his door and the individual did not have any food in his hands. No one

from Doma ever came to deliver food to DiMassa.

                                            7
      In the end, DiMassa explained he facilitated Trasacco’s schemes due to several

reasons:

            Q. Is there, at the end of the day, is there a reason

            that you and helped Mr. Trasacco steal $400,000 from West
            Haven?

            A. Yes. I mean, as far as the scheme progressed the
            fear that there was no way for me to stop it was another
            reason to continue, for my participation to continue.

            Q. Why did you feel there was no way for you to stop it?

            A. A couple of reasons. One being I did not know
            whether or not Mr. Trasacco was aware of Compass. I knew
            of the connection with my gambling debts with Mr. Perreta
            and Mr. Trasacco, from paying Mr. Trasacco. I also,
            obviously through my pushing back on L & H invoices at
            times, the dollar amount, was concerned when he reacted
            negatively to that. It was concerning. And certainly the
            experience across the street from Doma was a factor. So
            all of those items.

            […]

            Q. What do you mean by the experience across the street
            from Doma?

            A. The walk through the alley into the shop in the back
            that he was looking to rent, and obviously the experience
            in that shop, the awkward encounter.

            Q. Was it just awkward?

            A. No, it was scary.

            Q. You were scared?

            A. Absolutely.

            Q. Are you scared of John Trasacco?


                                          8
             A. Yes, I am.

DiMassa Trial Testimony at 184-185.

                             III.     Guideline Calculation

       In the PSR, the probation officer concluded that the base offense level for

Trasacco’s conduct under § 2B1.1 is 7, Twelve levels are added because the loss

exceeded $250,000 but was less than $550,000, resulting in a total offense level of

19. PSR ¶¶ 31-41. Thus, the total offense level is 19. With a CHC of II, the

Guidelines recommend a term of incarceration of 33-41 months, a fine of $10,000 to

$100,000, and a term of supervised release of between 2 and 5 years. Id. ¶¶ 90, 96,

102.

       In his sentencing memorandum, Trasacco argues that he was a minimal or

minor participant in the conspiracy, and that the Court should therefore

downwardly depart from the Guideline range. See Def’s Sentencing Memo at 6

(Doc 267). For the reasons stated below, the facts clearly establish that Trasacco

was not a minor participant in the wire fraud conspiracy. As also stated below, the

Government believes that in consideration of the factors under § 3553(a), a sentence

of incarceration above the applicable Guideline range is warranted in this case.

                                    IV.   Restitution

       During his conspiracy with DiMassa, Trasacco received a total of $431,982 in

COVID relief funds from West Haven, through L&H and JIL. The PSR

recommends that Trasacco be ordered to pay restitution in that amount. PSR

¶ 104. The Government notes, however, that Trasacco provided cash kickbacks of


                                            9
about $20,000 in total to DiMassa and Bernardo. Thus, like the other defendants

in this case, the Government believes that Court should apportion Trasacco’s

restitution to include the amount that Trasacco gained from the scheme, and order

him to pay restitution in the amount of $411,982.

     V.    A Sentence above the Suggested Guideline Range is Warranted
                             Under 18 U.S.C. § 3553(a)

      In this case, a sentence above the suggested guidelines range is warranted

because there aggravating circumstances of a kind or to a degree not adequately

taken into consideration by the Sentencing Commission. See e.g. 18 U.S.C.

§ 3553(b). An enhanced sentence is warranted under § 3553(a) for three reasons.

      First, the Guidelines that apply to this case do not adequately capture the

totality of Trasacco’s offense conduct. Both parties agree that the relevant

Guideline section is § 2B1.1, which is primarily driven by loss amounts, and that

calculation similarly will apply to DiMassa and the two other co-conspirators (Knox

and Bernardo) who separately conspired with DiMassa. Trasacco’s conspiracy with

DiMassa occurred in a materially different manner than DiMassa’s other

conspiracies. With Bernardo and Knox, DiMassa approached each of them to

initiate the fraud schemes. DiMassa prepared the fraudulent invoices used to

perpetrate the schemes, and DiMassa kept the bulk of the stolen money for himself.

In sharp contrast, Trasacco approached DiMassa first with the L&H scheme and,

when that scheme had run its course, Trasacco later proposed the JIL scheme.

Trasacco provided the phony invoices from L&H and JIL to DiMassa. And unlike

DiMassa’s other co-conspirators, Trasacco kept the vast majority of the fraudulent

                                         10
proceeds of his conspiracy, providing only limited cash kickbacks to DiMassa and

Bernardo. Moreover, Trasacco tried to keep the schemes going through subtle

manipulation. He told DiMassa that he been in prison in the United States.

Trasacco also told DiMassa that he had been in prison in Mexico. Trasacco has

been incarcerated in the U.S., but the FBI has not been able to confirm whether

Trasacco’s assertion that he spent time in a Mexican prison is correct. Whether

this assertion is true or was merely Trasacco attempting to portray himself as an

intimidating figure is irrelevant, because DiMassa believed it to be true, meaning

that Trasacco achieved his desired result. Additionally, Trasacco collected

gambling debts from DiMassa at Doma in Branford. When DiMassa started to

push back on the L&H scheme, Trasacco took him into an abandoned building and

thanked DiMassa for keeping his “word” regarding the processing of the invoices for

COVID relief funds.

      After the FBI visited West Haven City Hall, DiMassa and Bernardo informed

Trasacco that the “jig was up.” After DiMassa was arrested, Trasacco called him

and said an individual from Doma as going to stop by DiMassa’s home to deliver

food. Thereafter, a man in a hoodie arrived on DiMassa’s doorstep. He was not

carrying any food.

      Trasacco’s repeated, successful efforts to manipulate and intimidate

DiMassa, perpetuate the L&H scheme, and to begin the new scheme involving JIL

are far beyond a typical fraud scheme, and are not accounted for under the ordinary

operation of § 2B1.1 of the Guidelines. Trasacco’s conduct during his conspiracy


                                         11
with DiMassa places him in a league apart from DiMassa’s other co-conspirators,

and a sentence above the suggested Guidelines range is warranted on these facts

alone. In sum, Trasacco’s criminal conduct was not like the other two related

conspiracies and exceeds the normal considerations inherent in § 2B1.1. And as

should be clear, they belie any effort by Trasacco to now cast himself as a “minimal”

or “minor” participant in his conspiracy with DiMassa.

      Second, a sentence above the recommended Guidelines range is necessary to

serve the goal of specific deterrence. For two of the defendant’s convictions, he

spent over six years in jail. But this term of incarceration plainly did not deter him

from committing the crimes in this case. Indeed, it appears that Trasacco used the

fact that he had previously been incarcerated to influence DiMassa to continue with

their scheme.

      Third, Trasacco has an extensive criminal history that is not fully quantified

in the Guideline analysis. According to the PSR, Trasacco has six prior criminal

convictions, including for the Sale of a Controlled Substance, Assault in the First

Degree, Robbery in the First Degree, and twice refusing a DNA test. Yet only one

of these convictions counted for the purpose of assigning Criminal History points,

and five prior convictions are not included in his criminal history score. In general,

if a defendant’s criminal history category substantially underrepresents the

seriousness of his criminal history or the likelihood that the defendant will commit

other crimes, a sentence above the suggested Guideline range can be imposed

(emphasis added). See e.g. U.S.S.G. § 4A1.3. Here Trasacco committed two


                                          12
independent crimes on different dates for which he received one sentence of seven

years’ incarceration. PSR ¶¶   48-49.    While serving that sentence, he was placed

in punitive segregation. But these convictions and period of incarceration plainly

did not decrease the likelihood that Trasacco would commit another crime. As a

result, the Court needs to impose a significant sentence in order to provide specific

deterrence to Trasacco and to protect the public from further crimes of the

defendant. See e.g. § 3553(a)1(B) and § 3553(a)1(C).

      Taking these three considerations together, a sentence above the suggested

Guideline range is warranted for the defendant in this case.



                  VI.   The Defendant was Not a Minor Participant

      The defendant argues that he deserves a reduction for minor role because, inter

alia, his “charges are solely related to Michael DiMassa.” Def’s Brief at 7. Further,

the defendant attempts to argue that “[g]iven the relative culpability between

participants and the fact that Mr. Trasacco was the one who made any effort to

provide goods and services, Mr. Trasacco should be afforded a mitigating role

adjustment. Id.

      It is difficult to understand how this argument entitles the defendant to a

reduction for a minor role. The uncontested evidence at trial was that both the L&H

scheme and the JIL scheme originated from the defendant once he learned that

DiMassa had access to Covid funds from West Haven.             Further, Trasacco kept

almost all of the proceeds from those schemes.


                                          13
      The defendant attempts to advance the fiction that he is a legitimate

businessman who intended to deliver goods to West Haven, ignoring the facts that

none of the goods and services had ever been requested by West Haven. But the

jury rejected this narrative and convicted him on all counts. As the individual who

initiated both schemes, kicked back a small portion of the proceeds to DiMassa, and

kept the rest of that money which he dissipated for his own interests (largely at a

casino), it is plain that a mitigating role is not warranted in this case. Indeed the

facts show that, while DiMassa was an essential part of these conspiracies, the

defendant was the driving force behind these crimes.

      Further, the defendant attempts to make much that L&H made apparel and

had a warehouse in Branford. See Def’s Brief at 7 and Exhibit B. The company

does not appear to generate any income for the defendant and appears to have

never filed a tax return. Further, according to the PSR, it is not clear how the

defendant financially supports himself or where he obtained $500,000 for this

business venture. PSR ¶ 119. The defendant has no stable income and lives with

his girlfriend who works as a waitress and owns the home in which he lives. PSR

¶ 79. The defendant indicates that the businesses outlined in the Offense conduct

in this case are no longer operating and he did not provide any additional

information about those companies. PSR ¶ 80.




                                          14
                       VII.   Analysis of the § 3553(a) Factors

      Section 3553(a) directs the district court to consider a number of factors in

imposing a fair and just sentence. Each criminal case is different and emphasizes

different combinations of § 3553(a) factors. In this matter, the Government

believes the most important § 3553(a) factors are the (1) the nature and

circumstances of the offense, (2) promoting respect for the law; (3) just punishment,

(4) specific deterrence and (5) general deterrence.

                 A. The Nature and Circumstances of the Offense

      There’s little doubt that the theft of public funds designated for COVID relief

constitutes of a serious offense. And while the defendant was not a public official,

he plainly exploited the situation to obtain COVID funds through DiMassa. As

indicated above, this conspiracy was largely driven by the defendant for his own

benefit. A significant sentence of incarceration is warranted.

    B. The Sentence Must Promote Respect for the Law and Provide Just
                               Punishment

      The sentence in this case must promote respect for the law.

Considering the municipal funds were specifically earmarked to address an ongoing

historic pandemic, a significant period of incarceration is particularly warranted to

promote respect for the law. And such a sentence provide just punishment. Those

who take from the public in a time of need deserve a significant punishment.

               C. The Sentence Must Provide Specific Deterrence

      In this case for this defendant, specific deterrence is one of the most

important considerations for the Court under § 3553. This defendant has six prior

                                          15
convictions, including for both Assault in the First Degree and Robbery in the First

Degree. And then he committed these crimes years later. It is plain that the

defendant has little respect for the law. Of the defendant’s six convictions, only

one resulted in criminal history points being used to determine the applicable term

of incarceration under the Guidelines.

      For the assault and robbery convictions , the defendant effectively received a

sentence of seven years in prison, even though the offenses occurred approximately

one month apart. See PSR ¶ ¶ 48-49. But even in prison, his conduct did not

change. While incarcerated, he was cited for flagrant disobedience and received a

period of time in punitive segregation. It is notable that this significant term of

incarceration did not dissuade the defendant from committing the new offenses in

this case. This augers for a sentence of incarceration above the applicable range in

this case.

               D. The Sentence Must Provide General Deterrence

      Additionally, the Court should consider general deterrence. Here, the

defendant conspired to steal municipal funds with an employee of that municipality

But, these funds were specifically designed to provide relief from the COVID

pandemic for the citizens of West Haven. The public should know that stealing

municipal funds earmarked to alleviate the economic ravages of the pandemic will

result in a felony conviction and a period of incarceration.




                                           16
                                VIII. Conclusion

      After considering the Sentencing Guidelines and the other sentencing factors

under 18 U.S.C. § 3553(a), the Court should impose a term of incarceration above

the applicable Guideline range and order the defendant to pay $411,982 in

restitution.



                               Respectfully submitted,

                               VANESSA ROBERTS AVERY
                               UNITED STATES ATTORNEY

                                     /s

                               RAY MILLER
                               ASSISTANT UNITED STATES ATTORNEY
                               FEDERAL BAR NO. CT 20451

                               DAVID J. SHELDON
                               FEDERAL BAR NO. CT 07997
                               ASSISTANT UNITED STATES ATTORNEY

                               157 CHURCH STREET, 23RD FLOOR
                               NEW HAVEN, CT 06510
                               (203) 821-3700




                                          17
                            CERTIFICATE OF SERVICE

       This is to certify that on March 21, 2023 a copy of the foregoing

Memorandum was filed electronically. Notice of this filing will be sent by email to

all parties by operation of the Court’s electronic filing system or by mail on anyone

unable to accept electronic filing as indicated on the Notice of Electronic Filing.

Parties may access this filing through the Court=s CM/ECF System.



                                                       /s

                                              Ray Miller
                                              Assistant U.S. Attorney




                                                  18


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