Cause No. 818817
IN THE 208TH DISTRICT COURT
STATE OF TEXAS
VS.
OF
BASIO FOPACELLI
HARRIS COUNTY, TEXAS
Contract
On this the 10th day of December, 1999, the following agreement was
made between Maria Benskia, attorney for Basio Fopacelli and Alvin
Whokowski of the Harris County District Attorney’s Office.
Basio Fopacelli is presently charged in the 208th District Court of
Harris County with the offense of Engaging in Organized Crime/Theft in
Cause Number 818817.
I.
Bazio Fopacelli voluntarily agrees, in the presence of his attorney,
Maria Benskia, to perform the following acts:
1. To provide substantial aid to law enforcement officers in arresting
individual(s) involved in separate felony level criminal offenses
2. The aforesaid assistance must result in felony indictments in Harris
County, Texas, to wit;
a. one first degree state felony theft indictment
b. one indictment involving counterfeiting of at least $25,000 of
U.S. currency
c. one indictment resulting in at least a second degree felony in
state court
3. To make and complete the said felony cases within 120 days from
December 10th, 1999
Cause No. 818817
IN THE 208TH DISTRICT COURT
STATE OF TEXAS
VS.
OF
BASIO FOPACELLI
HARRIS COUNTY, TEXAS
ADDENDUM TO CONTRACT OF DECEMBER 10, 1999
On this day the 25th day of February, 2000, the following Addendum
to the Contract of December 10th, 1999 was made between Marica Benskia
attorney for Basio Fopacelli and Officer Swen Von Vettenbottom and Alvin
Whokowski of the Harris County District Attorney’s Office
I.
If the defendant provides information in addition to that agreed to in
th econtract of December 10th, 1999, to Officer Von Vettenbottom or his
agents, that results in two additional first degree felony indictments, or one
additional first degree felony indictment and two additional second degree
felony indictments by 120 days from December 10th, 1999, the above styled
and numbered cause will be dismissed
________________
Basio Fopacelli
________________
Swen Von Vettenbottom
________________
Maria Benskia, Attorney for the Defendant
________________
Alvin Whokowski, Harris County Assistant District Attorney
Signed, and agreed to on this the 25th day of February 2000
March 7th 2000
Re: Cause 818817
Alvin Whokowsi
Harris County District Attorney’s Office
Special Crimes
Dear Sir,
On December 10th, 1999 a contract was drawn up and agreed upon between
Maria Benskia, attorney for Bazio Fopacelli and Officer Swen Von
Vettenbottom. Fopacelli was to provide information resulting in one first
degree indictment, one indictment involving counterfeiting of at least
$25,000 and one second degree felony indictment.
An addendum to the contract was drawn up, on February 25th, by District
Attorney Whokowski, modifying one of the terms of the contract. The
change dropped the counterfeiting indictment and replaced it with two first
degree felony indictments or one first and two second degree indictments.
Since that time all the terms and conditions of the contract have been
fulfilled by Fopacelli. The information provided by Fopacelli has resulted in
the following arrest and seizures.
Three 1st degree felony charges, cash seizure of $109,086
Three 1st degree felony charges, cash seizure of $164,096
Three 1st degree felony charges, case seizure of $43,084
Three 1st degree felony charges, cash seizure of $38,476
Because it far exceeds the original agreement we make the following
recommendations. Instead of 10 years deferred adjudication, a fine of
$1,000 and 400 hours of community service, we recommend a total
dismissal of the charge against Fopacelli.
Sincerely
Officer Swen Von Vettenbottom