Long time Genovese Crime Family mobster Emilio Fusco was found guilty of racketeering , extortion conspiracy , and interstate travel in aid of racketeering but was acquitted on murder charges. Fusco was being charged for his parts in the 2003 murders of onetime Genovese family boss Adolfo “Big Al” Bruno and mob associate turned informant Gary D. Westerman. But even after his acquittal by the jury Fusco was hit with a 25 year sentence by a federal judge.
The judge ruled that Fusco was complicit in the murders of both Bruno and Westerman. Judges under federal law can consider what is called “relevant conduct” during sentencing and find defendants responsible for crimes with a lower proof threshold then a actual jury. Fusco defense attorneys called the ruling unreasonable and excessive. Prosecutors were lobbying for a 45 year sentence because of Fusco’s 20 year career in the Mafia.
Three defendants including one time acting Genovese acting boss Arthur “Artie” Nigro are already serving life sentences. Bruno was killed by a hit team back in 2003 being shot six times at close range. Prosecutors claimed that Fusco played a key role in a hit being put on Bruno by Genovese family leaders. Fusco circulated references to Bruno being an informant to mobsters in both Western Massachusetts and New York which ultimately led to Bruno’s downfall. Also Genovese mobster turned informant Anthony J. Arillotta testified that Fusco was recruited to help kill Gary Westerman and had a hand in his murder just weeks before the Bruno murder.