John Gotti’s grandson Carmine Agnello should stay free to donate kidney to mom Victoria, lawyer says

NEW YORK CITY, NEW YORK: Lawyers for John Gotti’s convicted fraudster grandson are trying to present him as a model citizen who should avoid jail so he can donate a kidney to his ailing mother.

Carmine Agnello’s attorney has argued that the medical situation makes incarceration risky, saying that dealing with the transplant “means that custody in the [Bureau of Prisons] is a huge risk.”

Carmine Agnello’s attorney says his life's 'more uplifting than' what headlines suggest

In papers filed in the United States District Court for the Eastern District of New York on Thursday, March 12, Steven A. Metcalf II wrote, “Carmine entered a world where he was quickly in front of a camera — leading to public fascination, and family legacy that was absolutely unavoidable — and a topic for daily discussion.”

“Despite growing up in one of America’s most scrutinized families, Carmine exhibited the importance of creativity, reinventing oneself, and always personal growth. His journey is far more uplifting than the one found with a quick Google search, where the headlines naturally suggest something scandalous,” the filing noted.

The lawyer’s words for the 39-year-old come despite the fact that he pleaded guilty to a $1.1 million COVID fraud.

A 2024 statement released by the US Attorney's Office, Eastern District of New York, read, “Agnello allegedly used over $1 million in COVID relief funds for his own financial gain. Government money that was intended to assist struggling businesses during the COVID-19 pandemic.”

Carmine Agnello's lawyer claims 'he has the gift of life'

But his lawyer has claimed that he should not be sentenced because “he has the gift of life, for however long, for his mother.”

“Undergoing this transplant means that custody in the [Bureau of Prisons] is a huge risk. If anything happens then he will be in the worst place to handle such a problem, BOP custody,” Metcalf added.

Agnello’s 63-year-old mother Victoria is suffering from chronic kidney disease and without the kidney transplant, her survival is going to be extremely difficult. She also wrote a letter to US District Court Judge Nusrat Choudhury, calling her son her “miracle child.”

Carmine Agnello's mother calls him 'kind and generous'

“Your Honor, you want to know what kind of a young man Carmine is? I am sure every parent would say that if asked about their child, ‘Oh, he or she is the best’ — but on my life, my upcoming transplant, THAT is the kind of young man my son is. He is there to help anyone. He is kind and generous to a fault. He is giving me the GIFT OF LIFE,” she mentioned.

Victoria also asserted that her son is an innocent man and even claimed that he did not commit the Covid fraud.

“My son, Carmine would never do anything he KNEW was wrong. He did not fill out the application this seems to revolve around — a professional did it for him. There was NO attempt to defraud anyone or any institution on his part,” she added.

However, the prosecutors have dismissed the arguments as Assistant US Attorney Charles Kelly claimed, “Being a kidney donor does not, as set forth below, constitute extraordinary family circumstances and warrant a below guidelines sentence.”