Federal prosecutors are seeking a prison sentence of 33 to 41 months for Carmine G. Agnello, the grandson of late Gambino crime family boss John Gotti, after he pleaded guilty to fraudulently obtaining approximately $1.1 million in COVID-19 relief funds. Agnello, 39, of Smithtown, Recent York, is attempting to avoid incarceration by arguing that a planned kidney donation to a family member warrants leniency, a claim prosecutors are contesting.
Assistant U.S. Attorney Charles P. Kelly, in a recent court filing, argued that Agnello’s offer to donate a kidney does not constitute an “extraordinary family circumstance” sufficient to justify a sentence below federal guidelines. “While certainly an unusual circumstance, We see not, based on the case law, a basis to impose a below guidelines sentence,” Kelly wrote. Agnello’s sentencing memorandum, submitted on February 19, remains sealed.
Prosecutors contend that a reduced sentence would allow Agnello to “escape” justice for what they describe as a deliberate scheme to “loot” disaster aid programs. They are also seeking more than $1.2 million in restitution, encompassing the fraudulently obtained loan amounts plus accrued interest.
Agnello pleaded guilty in September 2024 to one count of wire fraud before U.S. District Judge Nusrat J. Choudhury. The fraud involved securing loans under the Small Business Administration’s Economic Injury Disaster Loan Program (EIDLP) through his company, Crown Auto Parts & Recycling LLC, based in Jamaica, Queens. Prosecutors stated Agnello received at least three loans through this scheme.
During the application process, Agnello falsely claimed he had no prior criminal record, despite a 2018 misdemeanor conviction for operating an illegal auto recycling yard in Queens and a 2009 conviction for disorderly conduct related to possessing a gravity knife. He also misrepresented the number of employees at his business and the intended use of the loan funds, according to prosecutors.
Instead of using the funds for business purposes, Agnello diverted over $420,000 into cryptocurrency, utilizing the money for personal gain, authorities allege. The prosecution emphasized that the fraudulent activity spanned over a year and involved multiple false statements.
Agnello, who gained public recognition alongside his mother, Victoria Gotti, and brothers in the 2004 A&E reality show “Growing Up Gotti,” “warrants a substantial sentence for looting the disaster aid programs,” Kelly stated in court papers.
Court filings reveal Agnello described his upbringing as privileged, raised primarily by his mother after his parents’ divorce, and enjoying a comfortable childhood. He attended high school but did not complete college. His current automobile parts business generates approximately $250,000 in annual revenue, providing him with a personal income of $150,000.
A 2025 People magazine report indicated Agnello had previously offered to donate a kidney to his mother, Victoria Gotti, who suffers from chronic kidney disease. The prosecution memo does not specify the recipient of the proposed donation.
James R. Froccaro Jr., Agnello’s former attorney, confirmed he had withdrawn from the case. Steven Alan Metcalf II, Agnello’s current counsel, did not respond to requests for comment.
Agnello is scheduled to be sentenced on March 13.
