Carmine Agnello, the grandson of John Gotti, has until 2 p.m. on Monday, Aug. 10, to complete a kidney transplant for his mother or report to federal prison to begin a 15-month sentence. U.S. District Court Judge Nusrat J. Choudhury set the deadline after an earlier delay pushed the case to this week.
If the surgery happens by Monday afternoon, his self-surrender date will move to Sept. 18. If it does not, he must report that day.
Victoria Gotti and the transplant
Victoria Gotti is 63, suffers from chronic kidney disease and has described Agnello as her only known compatible donor. In a March letter to Choudhury, she wrote that he is her “miracle child” and said, “He is giving me the GIFT OF LIFE.”
The transplant issue sits on top of Agnello’s April sentence for wire fraud. He pleaded guilty to obtaining about $1.1 million in COVID-era small business disaster loans for Crown Auto Parts & Recycling LLC, and the court sentenced him to 15 months in prison, two years of supervised release, 100 hours of community service and $1,268,302 in restitution.
July 17 order
On July 17, Choudhury granted a reprieve until Sept. 18 if the transplant took place by Aug. 3. That did not happen after Victoria Gotti developed a serious infection that required antibiotics, and the operation was canceled.
Robert Beltrani said in an Aug. 4 court filing that the cancellation was “what is expected to be a minor delay,” and that Agnello “stands ready to provide the donation and simply awaits word of a green light for the surgery.” He also wrote that “the profile of this case would seem to be causing extra delays with the Hospital's legal department.”
Brooklyn U.S. Attorney's Office
As of Friday, the family was still waiting to hear from a surgeon about a rescheduled date. The Brooklyn U.S. Attorney's Office has argued that Agnello could donate his kidney while incarcerated, which leaves the timing decision squarely between a rescheduled operation and a Monday prison surrender.
For Agnello, 39, the next step is now fixed by the clock: surgery by 2 p.m. Monday or prison that afternoon.
