A Brooklyn federal judge has issued an ultimatum to Carmine Agnello, grandson of notorious mob boss John Gotti: donate a kidney to his ailing mother by Monday, or surrender to federal prison to serve his 15-month sentence for COVID-19 fraud.
Agnello, 39, was originally scheduled to begin his prison term in June, but received a two-month reprieve to undergo surgery on August 3 to donate one of his kidneys to his mother, Victoria Gotti, the daughter of the late Gambino crime family boss. The August 3 surgery date was postponed after Victoria developed a serious infection and required treatment with antibiotics.
After the missed deadline, Agnello’s attorney Robert Beltrani requested another extension, expressing “high hopes” that the transplant would occur by August 10. Judge Nusrat J. Choudhury, growing impatient with the repeated delays, issued her ruling Thursday with stark conditions: if the surgery takes place on or before Monday, August 10, Agnello can remain free until September 18 to recover. If the procedure does not happen by Monday, he must report to federal prison by 2 p.m. that day.
“He is giving me the GIFT OF LIFE,” Victoria Gotti wrote in a letter submitted to the court in March, referring to her son’s willingness to donate the organ. The 63-year-old was diagnosed with chronic kidney disease and has said her son is the only compatible donor.
Agnello pleaded guilty in September 2024 to lying on applications for COVID-19 relief loans. Prosecutors alleged he fraudulently obtained approximately $1.1 million in Economic Injury Disaster Loans meant to help small businesses weather the pandemic shutdown. Instead, he diverted roughly $420,000 of the proceeds to invest in cryptocurrency. He was ordered to pay $1.2 million in restitution.
When Agnello was initially sentenced in April, Judge Choudhury cited his willingness to donate the kidney as a mitigating factor in reducing his potential sentence. Prosecutors had requested two and a half years behind bars, but Agnello ultimately received 15 months plus two years of supervised release.
The journey to the current deadline has been turbulent. In March, Victoria Gotti submitted an emotional letter to the court begging the judge to spare her son prison time, calling him her “Miracle Child” and expressing concern that undergoing surgery while incarcerated could harm his health. Her initial attorney claimed the transplant was urgent and scheduled for March 30.
When Agnello changed legal representation in April, his new attorney walked back the urgency of the procedure. In court documents filed at the time, defense attorney Jeffrey Lichtman stated that while his client would indeed donate the kidney, that fact alone did not warrant a reduction in his sentence.
The case highlights the tension between Agnello’s offer to help his mother and his criminal conviction. Federal prosecutors have repeatedly expressed skepticism about the transplant timeline, noting that Agnello originally promised surgery on March 30 before changing lawyers and pushing back the date. Federal prosecutors also pointed out that inmates can donate organs while serving their sentences, if medically necessary.
Agnello was previously known as a cast member on the A&E reality television show “Growing Up Gotti,” which aired from 2004 to 2005 and chronicled Victoria Gotti’s life with her three sons. The show made the family a subject of tabloid fascination, though the family has continued drawing headlines in subsequent years for various legal troubles.
If the surgery does not occur by Monday’s deadline, Agnello will join numerous other members of his family who have served prison time. Defense attorney Jeffrey Lichtman noted during sentencing that Agnello would be the 16th member of his family to go to jail.