Judge spares contractor in Gambino case

Thursday, November 23, 2006

Judge spares contractor in Gambino case

Timothy O'Connor
The Journal News

NEW YORK - Neil Delieto is a tough guy who's lived a tough life.

The 59-year-old Yonkers man served two tours of combat duty in Vietnam, suffering severe wounds from a friendly fire incident. He buried a wife. He lost a young child in a house fire.

He also has not lived a mistake-free life.

In 2004, frustrated with his failing efforts to collect more than $100,000 he was owed for an excavation job in Yonkers, the contractor turned to Scarsdale mobster Gregory DePalma, who since has been convicted of racketeering and other charges and sentenced to more than 12 years in prison.

He enlisted DePalma to use the often violent powers of persuasion that Mafia capos possess to persuade the owner of Global Interiors to pay Delieto. DePalma, of course, would receive a healthy cut of that payment in return.

Delieto pleaded guilty in July to the attempted extortion of Hugh Harris, owner of Global Interiors. By statute, Delieto faced up to 20 years in prison. His plea agreement said the likely sentencing guidelines term was about a year in prison.

Yesterday, though, a judge spared Delieto from any time behind bars, citing his military record.

"He accepted the draft. He put himself in harm's way to serve his country," U.S. District Judge Alvin Hellerstein said during Delieto's sentencing in federal court in Manhattan. "I recognize that."

Hellerstein sentenced the owner of NDL Associates to three years' probation and fined him $5,000.

"Basically, I want to have assurance that this is never going to happen again," Hellerstein said as Delieto started to read a prepared statement. Delieto put down the sheet of paper, removed his glasses and looked at the judge.

"It was a mistake that will never be made again," Delieto said.

Delieto was one of 32 reputed leaders, members and associates of the Gambino crime family charged in March 2005, following a two-year investigation by the FBI's White Plains office that centered on DePalma's Westchester crew. Federal agents secretly recorded thousands of hours of DePalma discussing a wide range of criminal efforts.

On several of those recordings, DePalma and Delieto discussed the problems Delieto was having trying to get paid. Delieto expressed frustration. DePalma told him to let the aging capo handle it.

"I'm working this kid," DePalma said at one point, referring to Harris, who was not charged with any crime.

"You go to a character like Mr. DePalma to help you get paid, you know what you're doing," Hellerstein said yesterday.

Delieto refused a Purple Heart for the wounds he received in Vietnam, saying he didn't deserve one because enemy fire didn't cause his injuries.

Yesterday, a judge gave him something better than a medal. He gave him a break.

"I feel that someone who's done the things you've done deserves one."

Reach Timothy O'Connor at tpoconnor@lohud.com or 914-694-3523.