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The RICO Act

Immediately after his July 30 conviction, as court was adjourned, Massino requested a meeting with Judge Garaufis, where he made his first offer to cooperate. He did so in hopes of sparing his life; he was facing the death penalty if found guilty of Sciascia's murder, as one of John Ashcroft 's final acts as Attorney General was to order federal prosecutors to seek the death penalty for Massino. Massino thus stood to be the first Mafia boss to be executed for his crimes, and the first mob boss to face the death penalty since Lepke Buchalter was executed in 1944. Massino was the first sitting boss of a New York crime family to turn state's evidence, and the second in the history of the American Mafia to do so. (Philadelphia crime family boss Ralph Natale had flipped in 1999 when facing drug charges, though Natale was mostly a "front" boss while the real boss of the Philadelphia Mafia used Natale as a diversion for authorities.)