USA11 August, 20263 min read
Judge Orders Carmine Agnello to Surrender After Kidney Donation Plan Fails
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Judge denied third delay to surrender; ordered report to the BOP by 4 p.m. Monday. Agnello began a 15-month COVID-19 fraud sentence at Fairton, New Jersey.
Judge ends delay bid
John Gotti’s grandson Carmine Agnello reported to federal prison after trying to stave off his sentence on fraud charges by saying he would donate a kidney to his mother, Victoria Gotti.
The Federal Bureau of Prisons confirmed Tuesday that Agnello began his 15-month prison term the previous day at the Federal Correctional Institution Fairton in southern New Jersey.
U.S. District Court Judge Nusrat Choudhury had agreed to delay Agnello’s surrender until Sept. 18, but on Monday ordered him to surrender immediately with no operation in sight.
Choudhury said, "Because there is no concrete evidence that an organ transplant will be scheduled to take place at any time between today and Sept. 18, 2026, the request for another deferral of Mr. Agnello’s self-surrender is unjustified," as Agnello’s lawyers argued surgeons needed more time to set a date.
Prosecutors said the transplant surgery was not imminent, and Joseph Nocella, U.S. Attorney for the Eastern District of New York, said, "Clearly, the transplant surgery is not imminent."
Infection derailed surgery
A judge shut down the delay after Victoria Gotti fell ill with an infection, leaving her not medically cleared for the procedure.
TMZ reported that Agnello’s mother was set to receive the kidney on August 3, but the infection prevented the surgery from going forward.
In court filings discussed by the Associated Press, Agnello’s lawyer Robert Beltrani said surgeons needed more time to set a date for the operation because Gotti was dealing with infections.
Beltrani told the court, "It is undisputed that Carmine is a great match for Ms. Gotti," and said Agnello was asking to remain available while doctors determined whether and when she could proceed with transplant.
Prosecutors objected, with the Associated Press saying a medical report attached to Agnello’s letter said doctors were working to "identify the etiology and the proper treatment" for Gotti’s recurring infections and no transplant could happen until they were fully treated.
Fraud sentence and fallout
Agnello pleaded guilty in 2024 to wire fraud after prosecutors said he fraudulently obtained $1.1 million in loans from a federal program meant to help small businesses during the COVID-19 pandemic.
The Associated Press said Agnello obtained the loans on behalf of his company, Crown Auto Parts & Recycling LLC, but lied about how many people it employed, his criminal record and his plans for the funds.
The Washington Times reported that the company ceased operations before Agnello applied for the loan, which he ultimately used on other ventures including a $420,000 investment in a cryptocurrency business.
Newsday added that in addition to the 15-month prison sentence, Agnello was sentenced on April to two years of post-release supervision, including 100 hours of community service, and ordered to submit to a mental health evaluation and counseling, including for his gambling addiction.
As the judge denied the latest attempt to extend his surrender date, the Associated Press said Agnello was ordered to surrender immediately after the court found there was no concrete evidence the transplant would be scheduled between the date of the order and Sept. 18, 2026.