Carmine Agnello, the grandson of the late Gambino crime boss John Gotti, has been ordered by a federal judge to begin serving his 15-month prison sentence for COVID fraud, after his request for a further delay to donate a kidney to his mother, Victoria Gotti, was denied. Brooklyn federal judge Nusrat J. Choudhury ruled that extending Agnello's surrender date would be unjustified.
Agnello, 39, was initially scheduled to begin his sentence on June 20 but received a two-month reprieve to undergo the organ transplant procedure. However, the surgery did not proceed as planned, with Agnello's legal team informing the court that his mother had suffered a severe infection, preventing the operation.
Last week, Agnello's defense attorney filed a letter seeking to postpone his surrender until September 18, arguing that Agnello's kidney was a perfect match for his mother and that his incarceration would disqualify him as a potential donor. The letter stated that Agnello's ability to serve as a donor was imperative to scheduling the surgery.
Brooklyn federal prosecutors opposed the delay, asserting that the transplant surgery was not imminent, even by the proposed September date, due to ongoing infections. They contended that Agnello could donate his kidney while incarcerated.
The judge had previously indicated that Agnello could remain free for an additional month if the surgery took place before the Monday deadline. However, she concluded that the transplant was unlikely to occur within the next month, rendering further deferral unwarranted.
Agnello was sentenced on April 20 after pleading guilty to skimming money from Economic Injury Disaster Loans intended to aid businesses impacted by the pandemic. He was also ordered to pay $1.2 million in restitution.