New Haven Independent

U.S. District Judge Burns ruled at a sentencing at the federal courthouse on Church Street Thursday that Caccavale, 48, would pay a $6,000 fine and remain under court supervision for two years after his release from prison. Last March, he pleaded guilty to one count of “conspiring to violate RICO,” a federal act designed to prosecute cases of organized crime.

According to the court, Caccavale was a key player in a scheme that unfairly divided the trash-hauling market in two states into exclusive zones. The co-conspirators, who belonged to several companies operating in New York and Connecticut, including New Haven, refused to serve customers outside of their zone. They funneled business to one another by quoting artificially high prices on jobs they didn’t “own.” And they intimidated trash haulers who refused to play along.

Trucks belonging to one of the companies involved, John’s Refuse, can be seen around New Haven.

At Thursday’s sentencing, a group of friends and family members pleaded for leniency on Caccavale’s behalf. Three of them appeared before Judge Burns and praised his “hard-working,” “family-oriented” character.

“He’s a great father, never shunned his duty as a parent” said Caccavale’s ex-wife, Rene Bisgier. “Since the day we split, he never missed a phone call” to their 16-year-old son.

But the character defense didn’t stick.

Prosecutor Raymond Miller succeeded Bisgier at the stand and delivered a damning portrayal of the defendant. Miller said that Caccavale was involved in “all aspects of the conspiracy,” including price-fixing, bid-rigging and damaging personal property. Caccavale was also “uniquely involved in planning physical assaults” on recalcitrant business partners, he said.

“There’s no question he’s a member of the inner circle of this conspiracy,” Miller said. “No question that he relished that role.”

To prove the point, Miller produced an audio recording of Caccavale speaking to an associate who wanted him to intervene in a personal matter. On the tape — which was not considered evidence in the conspiracy charge — Caccavale related a conversation in which he verbally threatened a third party if he didn’t stop courting his associate’s girlfriend.

Recording 1959 played as follows:

“I told him I would butt-fuck his mother in front of him… I said ‘motherfucker, lose that phone number or I will fuck you up…. Remember my voice. I’m coming for you.’”

After the recording was played, the mood shifted noticeably in the courtroom. Miller delivered a final statement asking for a sentence at the “top of the range” for Caccavale, which, according to sentencing guidelines, would have been 37 months. Judge Burns finally agreed to lessen the sentence slightly because the defendant had cooperated with investigators about his role in the conspiracy.

“Fat Joe” Wouldn’t “Play Ball”

Joseph LoStocco — aka “Fat Joe” (pictured leaving the courthouse) — was also sentenced in connection with the RICO case Thursday morning. A minor player in the trash-hauling scheme, LoStocco pleaded guilty in April to one count of “misprision of a felony” for failing to report knowledge of a conspiracy when interrogated by federal officers.

Richard Mehan, LoStocco’s attorney, presented his client as a “different animal” from Caccavale — an honest businessman who had been forced into cooperating with conspirators against his will. LoStocco initially lied to federal agents, he said, because he was distraught over the recent death of his mother.

“Joe LoStocco was almost victimized by the conspiracy,” he said. “Joe wouldn’t play ball, but he kept getting priced out, so he went along with it.”

LoStocco was sentenced to five years of probation and 36 months of court supervision. Judge Burns also ruled that he had to perform 200 hours of community and pay a fine of $10,000.

After the sentencing, Mehan said that he was satisfied with the outcome for his client.

“We’re certainly relieved that the judge saw fit to grant probation,” he said. “On balance, my client was treated fairly by the government and by the court.”

LoStocco and Caccavale both declined to comment on the sentencing.