United States v. Gotti

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

John A. Gotti’s motion under Rule 29 of the Federal Rules of Criminal Procedure presents an issue of first impression for this Court, and quite possibly for all courts. At the end of Gotti’s trial, the jury deadlocked on three of the four predicate acts charged in support of the substantive racketeering offense. 1 In the ensuing colloquy, the Government argued that the jurors had to be unanimous as to unproven acts as well as proven acts and because their verdict was not unanimous I should declare a mistrial. Gotti argued that the…