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10.26.2001 00:25
Scungio
has fine
reduced
by $35,000
• But U.S. District Court Judge Ronald R. Lagueux rules that the defendant must remain on probation for two years.
BY W. ZACHARY MALINOWSKI
Journal Staff Writer
PROVIDENCE
-- John A. Scungio, a defendant in the Operation Plunder Dome scandal, has lost his law license, reputation and served six months of home confinement for his role in the City Hall corruption scheme.
But he won't have to pay a $40,000 fine.
Yesterday, U.S. District Court Judge Ronald R. Lagueux, responding to a ruling from the First Circuit Court of Appeals in Boston, reduced Scungio's fine from $40,000 to $5,000.
"The defendant has gained $35,000 by appealing," Lagueux said.
Lagueux refused to end Scungio's term of three years' probation, despite a plea from his defense lawyer. He must remain on probation for two years unless the U.S. Probation Department decides to reduce or eliminate the remaining time, Lagueux said.
On Oct. 3, 2000, Lagueux sentenced Scungio and imposed the hefty fine for two reasons: He said that Scungio's lies to FBI agents about illicit tax breaks amounted to obstruction of justice, and that Scungio used his "special skills" as a lawyer to mislead investigators.
Scungio, 62, of 24 Bridle Drive, Lincoln, appealed, and, in July, the three-judge appeals court issued a ruling in his favor.
In part, the appeals court said Lagueux erred by imposing such a stiff fine because it does not require special skills to lie to FBI agents.
The case was sent back to Lagueux for resentencing. During the appeal, Scungio completed his sentence of six months in home confinement.
On May 12, 1999, Scungio met with two FBI agents, a few weeks after the federal corruption probe of City Hall, called Operation Plunder Dome, became public. Scungio lied to the agents about his role as a lawyer for Providence businessman and mob associate Paul A. Calenda and his then-wife, Gail-Ann Calenda.
In 1998, just before Paul Calenda was sent to federal prison for possession of an Uzi machine gun, the Calendas had the value of three properties they owned in the city reduced by $261,000.
To get the tax break, Scungio delivered a $5,000 cash bribe from Gail Calenda to tax board officials Joseph A. Pannone and David C. Ead, who have both pleaded guilty to federal crimes. Scungio, who earned $2,600 in legal fees, also gave Pannone another $200 out of his own pocket.
Gail-Ann Calenda cooperated with the authorities and was never charged.
Scungio became the first of five men to plead guilty to corruption charges. A sixth person, Rosemary Glancy, was convicted at trial.
Scungio rose and apologized to Lagueux yesterday.
"I'm sorry for any problems I may have caused this court, the City of Providence and the United States of America," he said.
Scungio runs a family jewelry business, Angelo DiMaria, at 395 Admiral St., in Providence. He no longer practices law.
Last December, the state Supreme Court revoked Scungio's license to practice law for lying to the FBI.
The high court ruled that Scungio deserved the "harshest sanction available." Scungio must wait five years from the imposition of the revocation before he can apply to get his law license back.
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