Loading...
1621-1 Royale Group mimnsimommilemmommwmmi • Pg 7 of 18 4 of 283, 2 Terms mh JUDGES ORDER A NEW TRIAL FOR PELULLO 05/13/1992 THE MIAMI HERALD Copyright (c) 1992, The Miami Herald DATE: Wednesday, May 13, 1992 EDITION: FINAL SECTION: BUSINESS PAGE: 3C LENGTH: 51 lines SOURCE/CREDIT LINE: ASSOCIATED PRESS DATELINE: PHILADELPHIA JUDGES ORDER A NEW TRIAL FOR PELULLO A federal appeals court Tuesday ordered a new trial for Miami Beach developer and Pennsylvania businessman Leonard Pelullo, who was convicted of defrauding the country's largest savings and loans and one of his own companies of $2.2 million. Pelullo, who once owned several Art Deco hotels in Miami Beach, was sentenced on Aug. 30 to 24 years in jail, which he began serving immediately. He was also ordered to pay a $4.4 million fine and $2.2 million in restitution. The Third U.S. Circuit Court of Appeals found that the lower court had wrongly allowed bank documents and summaries prepared by an FBI agent to be admitted as evidence. A three-judge panel unanimously ruled that this evidence was hearsay, and the government failed to satisfy any of the requirements that can be used to justify the admission of hearsay. "We conclude that these errors were not harmless, and therefore we must reverse the convictions on all counts except count 54," Circuit Judge Morton I. Greenberg wrote in the 68- page opinion. On this count, for mail fraud, the judges said they were "satisfied that any error was harmless." Through his Miami Beach company, the Royale Group, Pelullo once controlled several Miami Beach Art Deco hotels: the Cavalier, Cardozo, Carlyle, Leslie and The Victor. The hotels were tied up in foreclosure and bankruptcy,proceedings for nearly three years. In April, a group headed by Dacra Cos. , the South Beach real estate development and construction company, was named the winning bid in a sealed-bid auction. In his trial, Pelullo was convicted of 49 counts of wire fraud and one count of racketeering. He was acquitted of five additional counts of wire fraud. The government alleged that Pelullo masterminded a conspiracy to divert money that had been borrowed from the failed American Savings & Loan of Stockton, Calif., ostensibly to renovate his Art Deco hotels. American had loaned the money to the Royale Group. Some of the money was used to buy a horse farm in Chester.County, Pa., and a sheep ranch in Montana, prosecutors said. Pelullo was convicted of taking $114,000 from a Royale subsidiary to repay a loan shark, who had sought the assistance of Nicodemo Scarfo and Philip Leonetti, who were then boss and underboss of the Philadelphia mob. At his trial, Pelullo argued he legitimately earned the money he kept from American Savings & Loan. Pelullo's lawyer, Michael Ryan Barrett of Cincinnati, did not immediately return a message left on his home answering machine Tuesday.