Gotti grandson Carmine Agnello allowed to delay prison surrender to donate kidney to his mother

A grandson of late mob boss John Gotti has been granted an extension that will allow him to donate a kidney to his mother before starting a 15-month prison sentence for fraudulently taking $1.1 million in COVID-19 small business loans.

Carmine G. Agnello, 40, of Oyster Bay, will be permitted to surrender to the Federal Bureau of Prisons on Sept. 18 so long as the procedure involving mother Victoria Gotti takes place as scheduled Aug. 3, U.S. District Judge Nusrat Choudhury ruled during a conference call Friday. In the interim, his surrender scheduled for Monday has been delayed to Aug. 10.

“I do believe that a deferment of the surrender date is justified here,” Choudhury said, citing declarations from two doctors stating the procedure is scheduled.

The judge informed Agnello and defense attorney Robert Beltrani, of Mineola, that the court must be notified by Aug. 4 that the procedure has taken place.

Prosecutors offered skepticism over the procedure when responding to Agnello’s request this week. They noted he sought a delay for the same reason in March, but the procedure did not take place at that time.

"This is precisely the basis upon which the defendant sought an eve-of-sentencing adjournment in March; and, after obtaining that adjournment, no surgery actually occurred," Assistant U.S. Attorney Charles P. Kelly wrote. "Needless to say, the government is extremely skeptical of the instant request."

On Friday, Kelly told the judge the government consents to the extension provided the surgery does take place.

Beltrani thanked the judge for her decision.

“I hope there’s no complications to come, and I hope the surgery goes forward and everything goes well for both mother and child,” the defense attorney said.

Choudhury said she hopes it’s “a successful procedure.”

In April, Agnello was sentenced to 2 years of post-release supervision, during which he must perform 100 hours of community service. Agnello was also ordered to submit to a mental health evaluation and counseling, including for his gambling addiction.

Agnello was subsequently arrested following an alleged domestic violence incident last month, pleading not guilty in the First District Court in Hempstead on charges of third-degree assault, criminal obstruction of breathing and criminal mischief for allegedly choking his girlfriend in East Norwich, Newsday has reported.

Agnello allegedly began yelling at his girlfriend, accusing her of cheating on him, prosecutors said in court papers. He allegedly slapped the victim on the left cheek, punched her in the face and choked her, according to court papers. He then allegedly pushed her to the ground and kicked her in the lower body repeatedly, court papers said.

In the federal case, Agnello pleaded guilty to one count of wire fraud in connection with three Small Business Administration loans he fraudulently received during the pandemic.

Agnello received at least three loans on behalf of Crown Auto Parts & Recycling LLC, a Queens-based business he operated, prosecutors have said. Agnello submitted documentation as part of the loan application process that falsely said he had no criminal record, even though he had pleaded guilty in state court in 2018 to a misdemeanor for running an illegal auto recycling yard in Queens, and he was also convicted of disorderly conduct for possessing a gravity knife in 2009, prosecutors have said.

The defendant spent the loan proceeds on personal items, including a $420,000 investment in cryptocurrency, prosecutors have said.

Agnello had asked the judge to delay the start of his sentencing to donate a kidney to his mother, Victoria Gotti, on Wednesday.

But federal prosecutors objected to Agnello's request for a 60-day extension.

Kelly, in a letter to the judge Wednesday, said Agnello, who was arrested last month on domestic violence charges, had requested the change "allegedly in order to begin surgical clearance for his role as a donor in a kidney transplant surgery scheduled for early August."

Agnello, who was scheduled to surrender Monday had filed a request to move his surrender date to Sept. 18, according to the court papers.

Victoria Gotti submitted declarations from two doctors stating that "presently a Nephrectomy is scheduled for Aug. 3, 2026, wherein Mrs. Victoria Gotti will be the recipient of a kidney being donated by her son, Carmine Agnello."

Agnello pleaded not guilty last month in the First District Court in Hempstead on charges of third-degree assault, criminal obstruction of breathing and criminal mischief for allegedly choking his girlfriend in East Norwich, Newsday has reported.

Agnello allegedly began yelling at his girlfriend, accusing her of cheating on him, prosecutors said in court papers. Agnello allegedly slapped the victim on the left cheek, punched her in the face and choked her, according to court papers. He then allegedly pushed her to the ground and kicked her in the lower body repeatedly, court papers said.

The alleged violence took place less than two months after Agnello was sentenced to serve 15 months in prison for the coronavirus loan scheme.

Agnello's lawyer had asked for home confinement. The prosecution had advocated for a sentence of 33 to 41 months in prison.

Agnello had pleaded guilty to one count of wire fraud in connection with three Small Business Administration loans he fraudulently received during the pandemic.

Choudhury agreed to postpone Agnello's sentencing previously so he could donate the kidney to his mother on March 30.

But the surgery never happened. His lawyer later explained that Victoria Gotti's condition had slightly improved, but she would still need the surgery eventually.

Newsday's Nicole Fuller contributed to this story.