28 ARE INDICTED BY FEDERAL JURY IN RACING FIXES.
Three of the nation's four top money‐winning harness drivers were among 28 persons indicted by Federal authorities yesterday on charges of fixing superfecta races at Roosevelt and Yonkers Raceways.
The indictments, resulting from a year‐long grand jury investigation, accused 13 drivers of conspiring with a betting ring that allegedly made $3‐million on about 30 rigged superfectas between last Jan. 1 and April 13. Most of the other defendants are “10 per centars,” so called because they receive a fee for cashing big‐payoff tickets.
Irregular betting patterns at shops of the Offtrack Betting Corporation triggered the investigation, which came to public attention nearly four months ago in a story in The New York Times. The superfecta, in which a bettor attempts to pick the first four finishers in exact order, has been banned at New York tracks since April 13.
Insko Is ‘Shocked’
William (Buddy) Gilmour, Del Insko and Carmine Abbatiello are the best‐known of the indicted drivers. They rank second, third and fourth on the season money‐winning standing, each with purse earnings of more than $1.2‐million.
“I'm shocked,” said Insko, 42‐year‐old president of the National Association of Harness Drivers, at the arraignment in Federal Court in Brooklyn. “I don't see how this could be happening.”
All 28 defendants were charged with violation of Federal statutes prohibiting bribery in sports events. Conviction carries a maximum penalty of five years in jail or a fine of $10,000 or both. If convicted, the drivers would also face life suspensions from harness racing.
No Pleas Entered
No pleas were entered yesterday, and no date was set for pretrial motions. The jury trial is not expected to begin before next March.
Nondrivers indicted included Forrest Gerry Jr., described as the ringleader of the betting syndicate, and Peter Vario, son of Paul Vario Sr., a reputed Brooklyn underworld figure.
Denis E. Dillon, head of the Strike Force that conducted the investigation, called the case the “biggest conspiracy of its kind” in New York. Fifteen weeks ago, Dillon had told track and OTB officials privately that wholesale driver indictments would be made within two weeks.
Asked yesterday why they had been delayed so long, he replied: “Because additional evidence developed.”
$1,000 a Driver
According to Dillon, the accused drivers received either $1,000, or one winning superfecta ticket each for influencing the outcome of a race.
“That was their own little gamble,” he said at a prearraignment news conference in the office of Acting United States Attorney Edward J. Boyd. “They had to make the choice beforehand.”
The indictment charged the defendants and co‐conspirators with arranging that certain horses would not finish among the first four, or arranging that a certain horse would finish in an agreedupon position. By eliminating two or three horses of the eight competing from consideration, the betting ring allegedly was able to buy multiple tickets on the remaining superfecta combinations at minimal cost.
For example, it would cost $5,040 to buy tickets on every possible combination (1,680 tickets at $3 apiece) in an eight‐horse superfecta field. By knocking out two horses, a syndicate could guarantee itself a winning ticket for only $1,080.
According to Dillon, the syndicate bet between $25,000 and $50,000 on each allegedly fixed superfecta, meaning they would have cashed about 25 to 50 winning tickets each time. Superfecta payoffs averaged about $3,500.
‘Web’ of Conspiracy
Hal Meyerson, 28‐year‐old special attorney for the Strike Force, described the case as “a shocking web” of conspiracy.
“I'm still a young guy,” said Meyerson, said to have been the “workhorse” of the grand jury investigation, “and the last time I saw anything like this was when I read about how the Chicago White Sox fixed the 1919 World Series. This case must be very shocking to the public.”
However, despite concern by harness tracks about a “crisis of public confidence,” many fans accept fixed races as part of the game. A typical comment from the cynics is: “Listen, I see guys out there every night getting hernias pulling horses.”
Yet three previous major investigations of harness racing at Roosevelt, Yonkers and Monticello Raceways in the last seven years produced no indictments on charges of race‐fixing.
Like Meyerson, defense attorneys for the accused drivers expressed shock over the indictments: but for a different reason. They said the language of the indictments was so vague that they wouldn't be able to prepare a defense until the charges become more specific.
“A paint‐brush indictment,” said Herb Sterenfeld, attorney for Gilmour and two other accused drivers, Ben Webster and Kenneth McNutt. “You've got very broad strokes here. No dates. No races. No specifics. We'll have to ask for more particulars.”
Said Stephen Lang, Insko's lawyer: “It's incredibly vague. The indictment doesn't say how they were supposed to have fixed the races. It just throws everybody into one big package.”
Ironically, another defense attorney, Daniel P. Hollman, is the man who headed the Federal Strike Force that investigated a suspicious exacta race at Yonkers Raceway in 1971. No indictments developed from that investigation, though Hollman said at the time:
“If I had been there that night, I would have booed, too. It looked like a phony race.”
Called ‘Too Vague’
Holtman appeared yesterday representing Maurice Pusey and William Myer, two of the other indicted drivers. Outside the Ceremonial Courtroom, where United States Magistrate Vincent A. Catoggio conducted the arraignment, Hollman called the indictments “too vague now for any defense to be prepared.” He said further specifics would be requested.
Magistrate Catoggio said pleas would be taken when the case goes to Judge Orin Judd of the Eastern District Court, to whom it has been assigned. Judge Judd is currently involved in another jury trial.
The other drivers indicted on race‐fixing charges are Frank Popfinger, William Hudson, George Foldi, Eldon Turcotte (no relation to Ron Turcotte, the jockey), Real Cormier and Dale Ross. In a separate indictment, a 14th driver, Joseph Bonacorsa, was charged with obstructing justice and lying to a grand jury.
Agents of the Federal Bureau of Investigation arrested the defendants and brought them in for the arraignment. After being fingerprinted and photographed, the defendants were released on $25,000 personal recognizance bonds. No money had to be put up.
Insko's lawyer said the driver told him he had been treated “very courteously” by the F.B.I. agents.
§ 224. Bribery in sporting contests
(a) Whoever carries into effect, attempts to carry into effect, or conspires with any other person to carry into effect any scheme in commerce to influence, in any way, by bribery any'sporting contest, with knowledge that the purpose of such scheme is to influence by bribery that.contest, shall be fined not more than $10,000, or imprisoned not more than 5 years, or both.
Backgrounds of Key Figures in Trotting Indictments
From an old harness racing family in Illinois, where his younger brother, Delbert, is a trainer/driver. . . . Was not quite 15 years old when he drove his first race on July 4, 1946. Has since won more than 3,000 races with purses of more than $13‐million to rank third in both categories. His horses have earned more than $1‐million in each of the last nine years. ... Even though a regular on New York circuit, he commutes regularly on weekends to his wife and three children at South Beloit, home. . . Led nation's drivers in victories in 1960. . . One of the most respected men in the business, has been the only president of the National Association of Harness Drivers since organization was formed in 1967. . . An incurable toothpick ‐ chewer. ... At 5 feet 2 inches, 120 pounds, one of the smallest drivers.
Trouble not new to 41‐year‐old Canadian‐born Gilmour.... Through Dec. 11, was second in both races won (316) and money earned, ($1,838,581) in country and was in top 10 in both categories lifetime ... Was refused license to drive in New York in January, 1967, and didn't get it back for 3½ years. . . Ban result of 1966 race at Roosevelt Raceway that he won but allegedly had been set up for another driver to win . . . Next day, Gilmour was beaten in his hotel room . . . Later cleared of charges involving alleged “double cross,” but then accused of perjury by Nassau County grand jury, Finally pleaded guilty to disorderly conduct charge in June, 1970. Also suffered suspensions in 1971 and 1972, but still set singleseason record for Roosevelt of 150 winners last year.
Former truck driver from Staten Island who started career as groom for his older brother, Anthony, now a successful trainer. . First native of city to win driving title at either Yonkers or Roosevelt.... Began racing in 1953 and has since won more than 2,300 races with earnings of more than $8.7‐million. . . Primarily a driver, not trainer (“I have good assistants for that”) and like Insko, Gilmour and Webster, has ability to climb into a sulky behind a strange horse and win—one of best “catch‐drivers” around. . . At 37, he is still comparatively young in a sport where many leading drivers race into their 60's and 70's. . . Married and has two children. . . . Was one of seven drivers (including Gilmour and Webster) banned in 1971 by Roosevelt Raceway following another Federal investigation, No indictments were made against any of the drivers.
A third ‐ generation horseman, 34‐year‐old Webster had his first race when he was 16 and opened a public stable at 19. . . After campaigning upstate near his Rochester birthplace, came to Big Apple in mid‐sixties where he impressed many with his driving talent.... Matured on the Delaware Valley circuit (Liberty Bell, Brandywine) before returning to lead driver standing at final Roosevelt meeting of 1970.... Ranked eighth this year in earnings with almost $1.2‐million through Dec,. 11, his first million‐dollar season, Lifetime, his horses have earned more than $5‐million.... When news of Federal investigation was disclosed almost four months ago, his 10‐year‐old daughter had to leave her Long Island school “because she got so sick” over allegations that her father was dishonest.
Alleged mastermind of superfecta fixes was a less‐than‐fair driver/trainer himself. In 1965, his last full season before being barred by the United States Trotting Association, Gerry's horses earned a mere $13,000... Born in Maine 45 years ago and was a regular on New England and then Illinois circuits before moving to New York.... Has reputation of being shrewd judge of horseflesh and was employed by many trainers and drivers, Insko included, to buy horses for them.... While hanging around Hollywood Park, he also made a living by selling horses to film stars. . . . “He's a real David Harum horse‐trader type,” says one trotting official, “very affable and friendly, the kind of guy who always buys a round at the bar.”
DO NOT FORGET THE NEEDIEST!
The List of the Accused
The list of persons indicted as released by the Federal Crime Strike Force:
Peter Vario, age 37, 968 Hemlock Avenue, Brooklyn, owner of Pete's Used Tires, 8324 Foster Avenue, Brooklyn.
Forrest Gerry Jr., 46, Uniondale, L. I., horse broker.
Del Insko, 42, Williston Park, L. I., president of the National Association of Harness Drivers, harness driver.
Carmine Abbatiello, 37, New Hyde Park, L. I., harness driver.
William Gilmour, 41, Westbury, L. I., New York, harness driver.
Frank Popfinger, 42, 9 Sunset Lane, Garden City, L. I., harness driver.
Ben Webster, 34, Old Bethpage, L. I., harness driver.
Kenneth McNutt, 40, Yonkers, harness driver.
William Hudson, 58, Copiague, L. I., harness driver.
Maurice Pusey, 46, Plainview, L. I., harness driver.
George Foldi, 33, 152 East 35th St., New York, harness driver.
William Myer, 57, Westbury, L. I., harness driver. Elden Turcotte, 31, White Plains, harness driver. Real Cormier, 38, Port Jervis, N. Y., harness driver. Dale Ross, 33, Vienna, Ohio, harness driver.
Anthony Annicharico, 53, 306 Carroll Street, Brooklyn, unemployed.
Angelo,Calanna, 46, 7001 Avenue U, Brooklyn, restaurant owner.
Howard Druss, 46, Bardonia, N. Y.
Jerry Guisto, 29, 413 Clinton Street, Brooklyn, unemployed.
Richard Perry, 31, 68 East 19th Street, Brooklyn, unemployed.
Michael Sherman, 32, 998 East 56th Street, Brooklyn, unemployed.
Michael famburo, 30, 149‐37 84th Street, Brooklyn, cab driver.
Joseph Pullman, 36, Hoboken, truck driver.
Constance Rogers, 39, 97‐11 Horace Harding Expressway, Queens, waitress.
Louis Valdes, 31, 355 Avenue U, Brooklyn, hairdresser.
Seymour Rothstein, 54, 102‐17 64th Road, Queens, cab driver.
Gaythorne Angell, Jr., 38, Providence, R. I., unemployed.
Bruno Facciolo, 45, 7001 Avenue U, Brooklyn, unemployed.
In addition, another harness driver was indicted on charges of obstruction of justice and with making false declarations to a grand jury. Joseph Bonacorsa, 52, of New Hyde Park, L. I.
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