BROOKLYN, NY — Benito “Benny” DiZenzo, 55, of New Rochelle, an associate of the Gambino organized crime family of La Cosa Nostra, was sentenced Thursday in U.S. District Court of the Eastern District to 12 months probation and assessed a $5,000 fine by Judge Ann M. Donnelly.
DiZenzo pleaded guilty to Wire Fraud — Conspiracy on January 12, 2021, before U.S. Magistrate Judge Roanne L. Mann in U.S. District Court for the Eastern District of New York.
The Wire Fraud — Conspiracy charge relates to communication via text message regarding moving material from one job (Larkin Place/RXR) to another (a gym).
The Federal indictment of DiZenzo alleged:
Between approximately December 2018 and June 2019 the defendants VINCENT FIORE and BENITO DIZENZO together with others, paid bribes and kickbacks to employees of a construction development company (Construction Company #2) the identity of which is known to the Grand Jury, which served as among other things, the developer of a project in Yonkers, New York on which CWC worked. For example, during this period, the defendants VINCENT FIORE and BENITO DIZENZO provided free labor and materials at a location in White Plains, New York which became a business associated with an employee of Construction Company #2 in exchange for, among other things, the employee’s assistance in approving change orders.
DiZenzo and his co-conspirators pleaded guilty to charges contained in a Federal indictment that the Gambinos “carried out fraudulent schemes to infiltrate the construction industry and earn millions of dollars in criminal proceeds, in part through their operation of a carpentry company, CWC Contracting Corp.”
In a statement issued in 2019 announcing a series of arrests of Gambino crime family members and associates, the U.S. Department of Justice said DiZenzo was facing up to 20 years in prison.
In an exclusive interview in January 2021, with DiZenzo, and James Monteleon, his lawyer, Monteleon said a sentence of more like 6-12 months or 4-10 months was likely but that it could be a bit more or even as low as probation with no prison time.
Monteleon said at the time a key determinant in the sentence would be whether the loss amount exceeded $40,000. In court on Thursday, Judge Donnelly disagreed, saying the loss amount had no bearing on her sentence.
During the same interview, DiZenzo insisted he was not a Gambino associate. Monteleon made the same claim in court on Thursday.
“I don’t know those guys,” said DiZenzo. “I only worked at CWC for 3 years.”
Judge Donnelly disagreed, ruling that under the definition in the Pre-Sentencing Investigation Report, DiZenzo engaged in criminal activity under the protection of a crime family.
Inside the courtroom, Monteleon read a presented DiZenzo as a good person who cared for his family. He said DiZenzo’s parents do not know he was arrested because DiZenzo was too embarrassed to tell them.
Monteleon said that after DiZenzo was arrested in 2008 and served three years probation, he had not been involved in the criminal justice. There are sealed records pertaining to a subsequent case related to an incident involving this reporter.
Monteleon said that going to prison would be dangerous for DiZenzo because he was not vaccinated. Judge Donnelly said that while it would have no bearing on his sentence, she urged him to get vaccinated.
Prosecutors said DiZenzo was instrumental to parts of the Gambino scheme — bribery, taking materials, a payroll tax scheme, and an OSHA fraud scheme.
Just prior to Judge Donnelly pronouncing sentence. DiZenzo addressed the court. He apologized to his family, said he never intended to violate the law. He said he accepted fully responsibility.
Outside the courtroom, surrounded by family, Dizenzo said he was looking forward to this story.
Under the terms of probation, DiZenzo is prohibited from associating with any individual with an affiliation to any organized crime groups, gangs or any other criminal enterprise or frequenting any establishment or other locale where these groups meet.
DiZenzo may be requested to submit to drug testing to ensure compliance with the conditions of his supervised release but is exempt from mandatory drug testing.
The $5,000 fine is payable at a rate of 10 percent of the defendant’s gross monthly income.
DENIAL: Benito DiZenzo Denies Connection to Gambino Crime Family
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