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CHARLESTON, W.Va. — A federal judge delayed sentencing a Virginia businessman today over questions about the facts underpinning his guilty plea to an extortion charge involving the Pagan's Motorcycle Club gang.
John N. Maggio, an electrical contractor from Alexandria, Va., has admitted asking former Pagans national vice president Floyd "Diamond Jesse" Moore for help extorting nearly $30,000 from two business associates. Maggio was later recorded telling a Pagan's member to threaten the associates and that he didn't care how badly they might be hurt.
The extortion charge is one of dozens contained in a sweeping federal racketeering case targeting Pagan's leaders and associates from New Jersey, West Virginia, Maryland and several other states.
Maggio is one of more than 15 defendants who have pleaded guilty. Most, including Moore and Maggio, are cooperating with prosecutors.
U.S. District Judge Thomas Johnston raised concerns today that Maggio's plea agreement didn't contain enough information to convict him of extortion. The agreement stipulates the businesses were involved in interstate commerce, a key element of the crime, but goes no further.
"I suspect when all is said and done, I think there's going to be an adequate basis," Johnston said. "It may be a simple matter of getting an affidavit or two from the victims."
Johnston tentatively rescheduled sentencing for approximately two weeks to give Maggio's attorney time to consider case law.
Questions about plea deals have plagued the case before. Johnston already has thrown out one deal and delayed sentencing of another defendant for the same reason.
"I'm now reviewing very closely the fact basis in every one of these cases," Johnston said.
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