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Judge Dismisses New 'Junior' Gotti Charges

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Judge Dismisses New 'Junior' Gotti Charges

NEW YORK (CBS/AP) ― A judge has tossed out new charges alleging John "Junior" Gotti had committed racketeering and money laundering in the last year -- leaving him to face trial later this month on old charges that left two juries deadlocked and a new witness tampering charge.

The ruling today by U.S. District Judge Shira Scheindlin in Manhattan was a blow to the government just weeks before Gotti's third trial on racketeering charges. Juries deadlocked at two previous trials in the last year.

The government had brought new charges of racketeering, witness tampering and money laundering in May to counter Gotti's contention that he left the mob in the late 1990s.

Gotti's claim of a new life without crime would mean the five-year statute of limitations would have expired in the racketeering case. Jurors were conflicted on that question.

In tossing the new racketeering and money laundering charges, Scheindlin said the government had argued that Gotti continues to receive income from properties he purchased in the 1990s with funds he obtained through criminal activities.

The judge said the government had brought the same charges when Gotti pleaded guilty to racketeering in 1999 and dismissed them after Gotti satisfied the terms of his plea agreement.

(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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