Carmine Agnello, the 39-year-old grandson of late Gambino crime boss John Gotti, has been given a difficult choice by a US federal judge: donate a kidney to his mother or report to prison to begin serving his sentence.
Agnello, who was sentenced to 15 months in prison for his involvement in a COVID-19 relief fraud scheme, was expected to surrender on Monday, August 10. However, his prison reporting date had previously been delayed because he was scheduled to donate one of his kidneys to his mother, Victoria Gotti, who suffers from end-stage renal disease.
The transplant was initially scheduled for August 3 but was postponed after Victoria developed a serious infection. Agnello told the court that doctors placed her on what he described as a “battery of antibiotics” before the procedure could go ahead.
His lawyer, Robert Beltrani, told the court that Agnello remained prepared to donate the kidney.
“Mr. Agnello stands ready to provide the donation and simply awaits word of a green light for surgery.”
Following the postponement, Agnello requested another extension of his prison surrender date, seeking to move it from August 10 to September 18, when he expected the transplant to take place.
However, the court has made clear that further delays will not be granted unless the transplant proceeds immediately. If the kidney donation takes place before the deadline, Agnello can remain out of prison until September 18. If not, he must report to prison by 2 pm on Monday to begin his 15-month sentence.
Federal prosecutors have repeatedly opposed Agnello’s requests for additional time. They argued that the kidney donation could potentially take place even if he were in federal custody, noting that the Bureau of Prisons has medical facilities capable of treating inmates involved in organ donation.
“Planning to donate does not preclude BOP custody without a delay in surrender date,” prosecutors previously told the court.
They also argued that donating a kidney should not be considered an “extraordinary family circumstance” warranting another postponement of his sentence.
Agnello pleaded guilty in 2024 after admitting that he fraudulently obtained more than $1.1 million through Economic Injury Disaster Loans created to support businesses during the COVID-19 pandemic.
Prosecutors said he submitted false applications through Crown Auto Parts, misrepresenting the company’s number of employees and intended use of the funds. Rather than using the money for its stated purpose, a substantial portion was allegedly invested in cryptocurrency.
In addition to his prison term, Agnello was ordered to pay approximately $1.2 million in restitution.
Joseph Nocella, the US attorney for the Eastern District of New York, said after sentencing, “During the height of the COVID-19 pandemic, the defendant shamefully lined his own pockets with government and taxpayer dollars, which he must repay as part of today’s sentence.”
Federal prosecutor Charles Kelly also stressed that Agnello’s famous family background did not determine the outcome of the case.
“This case is not about John Gotti. It’s about Carmine Agnello. At some point, his actions must become his own.”
Victoria Gotti had personally appealed for leniency before her son was sentenced, praising his decision to become her kidney donor.
“He is giving me the GIFT OF LIFE.”
Agnello’s family history has nevertheless attracted significant attention. He is the grandson of John Gotti, who was convicted of racketeering in 1992 and died in federal custody in 2002.
Agnello also became known to television audiences as a child after appearing with his mother and brothers on the 2004 reality series Growing Up Gotti.
His defence lawyer, Jeffrey Lichtman, previously argued that his upbringing had influenced the course of his life.
“There were really no male role models for Carmine – they were all in jail.”
He added, “He tried to live up to the family name. He didn’t have a childhood that would have led to anywhere besides here.”
For now, Agnello’s immediate future rests on whether his mother’s transplant can proceed. If the operation goes ahead, he will receive a final delay before reporting to prison. Otherwise, he will have to begin his sentence while his mother’s transplant plans remain unresolved.
