Judge: Gotti grandson must surrender in light of no kidney transplant scheduled
Carmine Agnello must now self-surrender to the Bureau of Prisons by 4 p.m.
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A judge has denied John Gotti's grandson's third request to delay his prison sentence until next month after prosecutors said there was no transplant surgery scheduled for his mother.
Carmine Agnello must now self-surrender to the Bureau of Prisons by 4 p.m.
"Because there is no concrete evidence that an organ transplant will be scheduled to take place at any time between today and September 18, 2026, the request for another deferral of Mr. Agnello's self-surrender is unjustified," the judge wrote.
In a court order issued Aug. 6, the judge overseeing the case said Carmine Agnello would need to donate a kidney to his mother, Victoria Gotti, by Aug. 10 in order to postpone his surrender date until next month.
Prosecutors say on Monday that did not happen.
In a filing released Monday, they quoted a medical report filed on Victoria Gotti, which says she "has had recurrent infections necessitating the cancellation of any potential transplant. A workup is being performed to identify the etiology and the proper treatment for these infections."
Because no transplant is imminent, prosecutors asked the previous ruling deadline for Aug. 10 remain in effect and Agnello report to prison and begin serving his 15-month sentence for fraudulently obtaining $1.1 million in COVID-19 relief loans.
Agnello's attorney Robert V. Beltrani argued that sending him to prison now could effectively prevent him from donating a kidney if his mother's medical team clears her for transplant in the coming weeks.
His attorney asked the court to delay Agnello's surrender date until Sept. 18, arguing that would allow him to remain available as a potential donor should the surgery move forward before then.
"This is an unusual and deeply personal circumstance, said his attorney. "Carmine is not asking the court of interfere with his sentence or to provide him with special treatment."
