Carmine Agnello, grandson of former Gambino crime-family boss John Gotti, has requested additional time before beginning his federal prison sentence, citing a delay in donating a kidney to his ailing mother, Victoria Gotti. The 39-year-old was sentenced in April to 15 months for a COVID-relief fraud scheme in which he fraudulently obtained over $1 million in loans.
Agnello was originally scheduled to report to prison on July 20 but was granted a reprieve until August 10 to complete a kidney transplant to his 63-year-old mother, who suffers from advanced chronic kidney disease. The court later offered a further extension until September 18, contingent on the transplant being performed by August 3. However, the surgery did not take place by the deadline.
On Tuesday, Agnello’s lawyer informed the court that the transplant was postponed due to his mother developing a serious infection requiring antibiotic treatment. The attorney stated that Agnello remains prepared to proceed with the donation once medical clearance is obtained and requested that the judge allow the extended surrender date to remain in effect until the surgery can be scheduled.
The case has seen considerable legal back-and-forth regarding the urgency and timing of the transplant. In early filings, Victoria Gotti described her son as her “Miracle Child” and appealed for the judge to delay incarceration due to the transplant’s life-saving nature. Physicians who initially supported the urgency noted that without the transplant, Victoria faced imminent terminal decline or permanent disability. However, a subsequent lawyer for Agnello tempered those claims, explaining that while she has significant kidney disease, her renal function has not deteriorated to the point that surgery is immediately necessary. He also indicated the procedure might not occur for six to twelve months, and that dialysis would be required if the transplant was delayed.
Federal prosecutors have expressed skepticism toward requests to postpone Agnello’s sentence further, pointing to prior delays and questioning the timing and necessity of the transplant. They noted that Agnello sought previous last-minute adjournments and cautioned against indefinite deferrals.
Agnello was convicted of applying for three COVID-relief loans under false pretenses, including misrepresenting payroll figures and concealing his criminal record. According to the government, he used a substantial portion of the funds to invest in a cryptocurrency business.
The judge has yet to rule on whether Agnello will be granted the additional postponement to complete the transplant surgery, balancing medical considerations with the need to enforce the sentencing order. If the operation cannot be scheduled promptly, Agnello is expected to report to prison by the August 10 deadline.
