United States v. Volpendesto, No. 11-3020 (7th Cir. 2014)
Annotate this CaseVolpendesto’s career in organized crime ended at the age of 87. Wheelchair-bound and in poor health, he was convicted of racketeering conspiracy, conspiracy to commit arson, arson, and use of a destructive device in relation to a crime of violence for detonating a bomb in a business in an effort to maintain control over illegal gambling. He and his co-defendants were also responsible for the robbery of two jewelry stores. He was sentenced to prison and to pay $547,597 in restitution to victims. The court also imposed an order of forfeiture in the amount of $1,878,172 in favor of the government and authorized the United States to take over a residential property and all funds in Volpendesto’s name. Pursuant to 18 U.S.C. 1963(l)(1), the order provided that anyone (other than Volpendesto) claiming an interest in the seized property could petition the court within 30 days. Volpendesto appealed, but died before his appeal was heard. The Seventh Circuit held that Volpendesto’s death mooted his case and that the criminal restitution order abated along with everything else covered by the judgment, but noted that victims may sue the estate.
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