Carmine Agnello is facing a difficult decision this week: donate a kidney to his sick mother or head to federal prison.
The 39-year-old Agnello, grandson of late Gambino crime family boss John Gotti, has been ordered by U.S. District Court Judge Nusrat J. Choudhury to either complete the kidney transplant for his mother, Victoria Gotti, or surrender to begin his 15-month prison sentence by 2 p.m. on Monday (Aug. 10).
If the transplant is completed by Monday, Agnello’s surrender date will be delayed until Sept. 18. But if the procedure does not happen, he will be required to report to prison that same afternoon.
The decision comes after Choudhury previously granted Agnello additional time in a July 17 ruling, allowing him until Sept. 18 to report if the transplant was completed by Aug. 3. However, the surgery was postponed after Victoria developed a serious infection and needed antibiotics.
Agnello’s attorney, Robert Beltrani, revealed the cancellation in an Aug. 4 court filing, describing it as “what is expected to be a minor delay” and stating that his client “stands ready to provide the donation and simply awaits word of a green light for the surgery.” Beltrani also suggested that “the profile of this case would seem to be causing extra delays with the Hospital’s legal department.”
By Friday, the family was still awaiting confirmation from a surgeon regarding a new surgery date. Sources told TMZ that the transplant “does not look like it’s going to happen by Monday,” and the family was trying to secure a confirmed date from doctors before asking the court for another extension. The sources added that Agnello “is not trying to get out of his prison sentence” and that the family believes his incarceration is “inevitable” if the judge requires him to surrender.
Victoria Gotti, 63, daughter of the late John Gotti and former star of the 2004 reality show Growing Up Gotti, is battling chronic kidney disease. Court documents state that Agnello is her only known compatible kidney donor.
In a March letter to Judge Choudhury, Victoria described her son as her “miracle child” and wrote, “He is giving me the GIFT OF LIFE.” She has also expressed concerns about undergoing the transplant and recovering while Agnello is behind bars. Agnello has likewise said he wants to complete the donation before entering prison rather than face the procedure while incarcerated.
Prosecutors from the Brooklyn U.S. Attorney’s Office have repeatedly opposed delaying Agnello’s sentence, arguing that his situation “does not warrant any leniency” and that he could still donate his kidney while in prison.
Agnello received his sentence in April after pleading guilty to wire fraud for securing about $1.1 million in COVID-era small business disaster loans for Crown Auto Parts & Recycling LLC, a New York company he operated.
He was sentenced to 15 months in prison, followed by two years of supervised release and 100 hours of community service. He was also ordered to repay $1,268,302 in restitution.
