RACKETEERING Lapmardo fined, sent to prison

The Warren 'Public Official No. 2' named in the ex-inspector's indictment wasn't identified.
CLEVELAND -- James Lapmardo used roughly $100,000 in contractors' bribes to gamble, vacation in Aruba and buy stocks while serving as Warren's building inspector -- a trail of corruption that earned him almost 31/2 years in federal prison.
Lapmardo, 49, of Perkinswood Drive, Warren, was sentenced Monday afternoon by U.S. District Judge Lesley Brooks Wells to 41 months in prison. He was also fined $7,500 and, after prison, must serve three years' supervised release and participate in outpatient substance abuse programs.
The judge said the victim impact was widespread throughout Warren.
The judge said 41 months was an appropriate sentence, suggesting it should make people think against getting involved with public corruption.
When asked if he had anything to say, Lapmardo, who remained seated during the sentencing, choked up. "Nothing, your honor," he told the judge.
Lapmardo pleaded guilty April 22 to racketeering acts, including extortion.
The indictment
A federal grand jury had indicted him Dec. 2, 2003, charging violations of the Racketeer Influenced and Corrupt Organizations statute, three violations of the Hobbs Act (extortion) and conspiracy to violate the Hobbs Act.
The remaining four counts were dismissed at sentencing, as was a forfeiture count that sought roughly $100,000 he extorted from contractors. He remains free on $25,000 bond until the Bureau of Prisons determines where he will serve his time.
The case was investigated by the FBI and prosecuted by Ann C. Rowland and Matthew B. Kall, assistant U.S. attorneys.
Cooperation
The sentencing range was 41 to 51 months. Kall recommended the low end, saying Lapmardo, once indicted, provided full and valuable information to the FBI and federal prosecutors.
Lapmardo's plea agreement includes a provision that requires cooperation with the government if needed for other prosecutions.
Kall declined to identify the Warren "Public Official No. 2" named in Lapmardo's indictment. Kall said the investigation continues.
Lapmardo retired from his Warren job under disability in October 2000.
Judge Wells, in reviewing Lapmardo's presentence report, noted that he lives by himself, gets treated for high blood pressure, depression and anxiety and admits alcohol abuse. He acknowledged Monday that he had taken his depression medication before court.
The presentence report also shows he has a negative net worth of $7,300 and a monthly cash flow of $940, Judge Wells said.
The judge, quoting the report, said the money Lapmardo took from contractors was used to buy things he couldn't otherwise afford. He paid hospital bills for his daughter, bought stocks, vacationed in Aruba and gambled "a lot."
Lapmardo's Boardman lawyer, Albert A. Palombaro, said his client has substance abuse problems with alcohol and marijuana and may be drug dependent. The lawyer said Lapmardo has been treated for a pancreas ailment that included alcohol withdrawal.
Prison issues
Palombaro suggested that the Bureau of Prisons take that into account. The lawyer asked that Lapmardo be placed at the federal prison in Morgantown, W.Va., which has an intensive drug program, or the prison in Elkton, which is close to his family in Warren.
Judge Wells said the federal prison system has good drug and alcohol programs. She said a lot of inmates want to be enrolled in them.
After court, Kall said that if Lapmardo is enrolled in a treatment program, successful completion of it will make him eligible to reduce his sentence by one year.
Lapmardo's 26-page indictment, meanwhile, shows the corruption -- bribery, extortion and money laundering -- existed from the early 1990s through mid-July 2000. The scheme included at least six contractors.
Judge Wells sentenced Anthony Cervone, 54, of Rome Drive, Austintown, to 10 months home confinement and three years' probation. Matthew Mesaros, 37, of New Road, Austintown, received seven months' house arrest and three years' probation.
The government said Cervone and Mesaros of Innerscope Technical Services Inc. in Austintown promised to pay Lapmardo $75,000 for the contract to demolish the Mahoningside Power Plant in Warren. Mesaros kicked in an additional $6,000 for the demolition.
Others sentenced
These contractors each received one year and one day in prison:
* James Nicolaus, 48, of T & amp;J Construction Inc. and J & amp;J Enterprises. The government said Nicolaus paid Lapmardo roughly $41,000 for his help in getting contracts to build a new clubhouse at Avalon South golf course; to subcontract on home rehabilitation; to board up two buildings in the city; to demolish several buildings; and to provide an environmental assessment of the Mahoningside Power Plant. Nicolaus also created fictitious invoices under Lapmardo's direction to conceal the bribes. Prison records show Nicolaus was released Oct. 1.
* Dante Massacci Sr., 81, and Dante Massacci Jr., 36, of South Main Sand & amp; Gravel. The Massaccis paid around $33,000 for Lapmardo's help in getting contracts to demolish the existing clubhouse at Avalon South golf course; to demolish several buildings including the Sanitary Dairy and Bells' Warren Music Centre; and to provide an environmental assessment of the Mahoningside plant. Prison records show the Massaccis were released May 27.
* James Matash, 42, of M & amp;M Excavating. Matash paid roughly $5,000 for the contract to demolish the Regency Hotel. Prison records show he was released Jan. 3, 2003.