Mob turncoat has 12 year sentence overturned
A prolific mob informant — who was sentenced to 12 years in prison for taking part in an arson with gangsters he informed on — has had his conviction tossed out on appeal, federal court records show.
Volkan “The Turk” Mergen had been praised by prosecutors for helping sink a slew of Bonanno and Gambino hoods by making more than 275 secret recordings between 2001 and 2006, court documents say.
“Mergen’s service was fruitful: He sometimes submitted so many recordings to the FBI that the agency could not keep pace,” the papers say.
But the feds abruptly ended his dazzling tenure as a mob canary after he took part in a 2006 Staten Island home arson with a crew of mobsters he was supposed to be informing on, court papers state.
Mergen had told FBI agents about the arson plan in advance and was instructed not to involve himself, prosecutors said.
But the former Gambino crime-family associate claimed he didn’t have time to back out without revealing himself as a rat, court papers state.
Citing his work as an informant, the feds offered Mergen a plea deal on a lesser charge. He chose a trial and was convicted in 2010 and sentenced to 12 years in prison in 2012.
But an appeals court ruled that Mergen’s trial was defective, finding he should have been allowed to play in court a secret recording he made of his FBI handler.
The recording captures the agent saying Mergen didn’t do anything wrong in relation to the blaze.
The panel also dumped other counts against Mergen — including theft — because the statute of limitations had run out.
Mergen’s attorney, Andy Frisch, declined to comment on his successful appeal.
The feds will now decide whether to retry the Turkey native, now free on $200,000 bond pending the outcome of his case.
Before his arrest, Mergen was credited with sending several hoods to prison and helping to crack the 2005 murder of Bonanno associate Robert McKelvey at the old Kreischer Mansion in Staten Island.
McKelvey was stabbed and drowned in a pond on the grounds before his body was chopped into pieces and discarded. Joseph Young, 29, was convicted in 2009 and sentenced to life on 24 racketeering counts, including the murder.
Volkan “The Turk” Mergen had been praised by prosecutors for helping sink a slew of Bonanno and Gambino hoods by making more than 275 secret recordings between 2001 and 2006, court documents say.
“Mergen’s service was fruitful: He sometimes submitted so many recordings to the FBI that the agency could not keep pace,” the papers say.
But the feds abruptly ended his dazzling tenure as a mob canary after he took part in a 2006 Staten Island home arson with a crew of mobsters he was supposed to be informing on, court papers state.
Mergen had told FBI agents about the arson plan in advance and was instructed not to involve himself, prosecutors said.
But the former Gambino crime-family associate claimed he didn’t have time to back out without revealing himself as a rat, court papers state.
Citing his work as an informant, the feds offered Mergen a plea deal on a lesser charge. He chose a trial and was convicted in 2010 and sentenced to 12 years in prison in 2012.
But an appeals court ruled that Mergen’s trial was defective, finding he should have been allowed to play in court a secret recording he made of his FBI handler.
The recording captures the agent saying Mergen didn’t do anything wrong in relation to the blaze.
The panel also dumped other counts against Mergen — including theft — because the statute of limitations had run out.
Mergen’s attorney, Andy Frisch, declined to comment on his successful appeal.
The feds will now decide whether to retry the Turkey native, now free on $200,000 bond pending the outcome of his case.
Before his arrest, Mergen was credited with sending several hoods to prison and helping to crack the 2005 murder of Bonanno associate Robert McKelvey at the old Kreischer Mansion in Staten Island.
McKelvey was stabbed and drowned in a pond on the grounds before his body was chopped into pieces and discarded. Joseph Young, 29, was convicted in 2009 and sentenced to life on 24 racketeering counts, including the murder.
http://nypost.com/2014/10/21/prolific-mob-rat-has-12-year-conviction-overturned/
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