Jack Tocco - Sentencing Controversy

Sentencing Controversy

On November 13, 1998, Judge John Corbett O'Meara sentenced Tocco to a year or less in a halfway house, with stipulations that he could conduct family businesses daily and return to the facility at night. However, prosecutors demanded prison time, and on December 23, 1998, Tocco was re-sentenced to a year at the Federal Medical Facility in Rochester, Minnesota. His sentence was reduced for good behavior and he was released in 1999 after serving nearly 11 months. Still, prosecutors appealed Judge O'Meara's sentence, claiming it was below minimum sentencing requirements.

On January 5, 2000, the U.S. 6th Circuit Court of Appeals ruled that the judge who sentenced Tocco originally was too lenient in his sentence. Prosecutors arranged a deal with Tocco’s cousin, Nove, who was incarcerated on extortion charges. Nove, who was reprimanded by the Tocco brothers in the past, agreed to testify against Jack Tocco, as long as he did not have to testify against his uncle Tony Zerilli, whom he considered a mentor. However, there was a problem with Nove's testimony; he was forced to admit that he never received direct orders from Jack Tocco allowing him to engage in extortion activities which produced his conviction. Nove had to admit that extorting bookmakers was what had initially got him into trouble with the Tocco brothers. Faced with a potentially disastrous situation, prosecutors re-sentenced Jack Tocco to 34 months with credit of one year and one day served, making him eligible for early release.

On November 21, 2001, Tocco was released from federal prison.