Carmine Agnello, the 40-year-old grandson of notorious mob boss John Gotti, was ordered on Thursday to donate a kidney to his mother as planned or report to prison. Agnello had been scheduled to start a 15-month sentence for COVID fraud on June 20, but was given a two-month reprieve so he could donate a kidney to his mother, Victoria Gotti, 63, who is battling end-stage renal disease.
The former Growing Up Gotti star was scheduled to undergo surgery on August 3 but has not yet had the procedure. Defense attorney Robert Beltrani wrote in a court filing to a judge earlier this week, obtained by the New York Post, that Victoria Gotti suffered a serious infection ahead of the procedure and was prescribed a slew of antibiotics. Beltrani wrote that "Mr Agnello stands ready to provide the donation and simply awaits word of a greenlight of surgery," adding he had "high hopes" the transplant would occur by August 10.
U.S. District Court Judge Nusrat Choudhury has given Agnello a deadline for the operation, according to the New York Daily News. Choudhury ruled on Thursday: "Should the organ transplant procedure occur on or before August 10, 2026, Mr Agnello shall self-surrender to the Bureau of Prisons by September 18, 2026." The judge added: "Should the organ transplant procedure not occur on or before August 10, 2026, Mr Agnello shall self-surrender to the Bureau of Prisons by August 10, 2026 at 2pm."
Fraud Conviction and Leniency Request
Agnello pleaded guilty in 2024 to one count of wire fraud after receiving more than $1.1 million in small business loans from the Small Business Administration. Prosecutors said he submitted documentation for Crown Auto Parts and Recycling LLC, a Queens-based business he operated, falsely claiming he had no prior criminal record despite having two prior convictions, Newsday reports.
In March, Victoria Gotti wrote a lengthy letter to the judge begging him to spare her son due to the pending kidney transplant, writing: "He is giving me the GIFT OF LIFE." Agnello's lawyer doubled down on the request for leniency at his sentencing in April, arguing that his link to the Gambino crime boss left him with limited options in life. Attorney Jeffrey Lichtman said, according to the Post: "There was really no male role models for Carmine - they were all in jail. He tried to live up to the family name. He didn't have a childhood that would have led to anywhere beside here."
Prosecution Response and Domestic Arrest
Federal prosecutors vehemently disagreed with the leniency request. "This case is not about John Gotti," federal prosecutor Charles Kelly argued at the hearing. "It's about Carmine Agnello. At some point, his actions must be his own." Prosecutors also noted that Agnello could donate a kidney from behind bars.
Judge Choudhury sentenced Agnello to 15 months behind bars, two years of post-release supervision, and 100 hours of community service. The judge also ordered him to submit to a mental health evaluation and counseling for a gambling addiction.
Less than two months after his sentencing, Agnello was arrested for allegedly choking his girlfriend. Police said he began yelling at his girlfriend in June, accusing her of cheating, before shoving, slapping, and punching her in the face, News 12 Long Island reports. Agnello also allegedly kicked the woman and placed his hands around her neck, obstructing her breathing. He has pleaded not guilty to third degree assault, criminal obstruction of breathing, and criminal mischief.
