A Goodfella’s Comeuppance

As most people are probably now aware, authorities recently indicted and arrested an alleged Mafioso in connection with the 1978 Lufthansa Robbery (which took place at Kennedy International Airport, and was made famous in the Scorsese film “Goodfellas”).  But if you’re anything like me, you might be wondering, “how can someone be arrested for a 35-year-old robbery; hasn’t the statute of limitations run out?”  Under New York Criminal Procedure Law Section 30.10, the statute of limitations for a felony (other than an A-level felony and some sexual assault crimes), is only five years.  Penal Law Section 160.15 clearly states that first-degree robbery is classified as a B-felony, so, in theory, the Lufthansa robbers could not be indicted or tried for this famous robbery after 1983.

However, despite the sensational headlines to the contrary, the arrest that was made this week was not actually about the 1978 Lufthansa heist.  Instead, it is an arrest pursuant to a federal indictment alleging a racketeering conspiracy that lasted from 1968 to 2013.  A federal racketeering (often called “RICO”) charge similarly has only a five-year statute of limitations.  But, the statute of limitations for a racketeering conspiracy charged under 18 U.S.C. 1962(d) doesn’t begin until the completion of the conspiracy.  In this case, the government alleges that the conspiracy did not end until 2013, so bringing the case in 2014 (even against individuals whose participation in the conspiracy might have been decades ago) is allowable.

I have no doubt that the statute of limitations will be one of the issues the defense attorneys will assert in pre-trial motions and argument, and it will be interesting to see how the federal court in the Southern District of New York handles it.