Prosecutors want Pharaoh's strip club owner held in contempt for giving interviews

BUFFALO, N.Y. (WIVB) – Federal prosecutors want to hold Peter Gerace, the convicted owner of Pharaoh's Gentlemen's Club, in criminal contempt for giving telephone interviews over the weekend to reporters from jail, which they allege is in violation of a court order.

On Saturday, both WIVB News 4 and The Buffalo News interviewed Gerace. The government’s motion only mentions the Buffalo News story published two days before News 4’s report.

During the interview with News 4, Gerace criticized how prosecutors handled his case, explained why he chose not to testify in his trial, and discussed his relationship with former DEA agent Joseph Bongiovanni, who was found guilty of seven charges in October, including conspiracy to defraud the United States by shielding Gerace and associates from drug investigations, and obstruction of justice.

On Dec. 27, a jury found Gerace guilty of eight of nine charges, including sex and drug trafficking, maintaining Pharaoh's as a drug-involved business, bribing Bongiovanni, and witness tampering.

Three days later, Gerace's associate contacted News 4 about interviewing Gerace at the Chautauqua County jail, which prompted the government to push for a gag order to halt his attempts to secure in-person jailhouse interviews.

Federal prosecutors argued Gerace could spill sensitive information about his case to reporters in violation of a protective order, planned to discuss concerns he has with the prosecution team, and could potentially use the media to "threaten or harass victims, witnesses, or others involved in the case."

The affidavit by Assistant U.S. Attorney Nicholas Cooper does not specifically mention Gerace speaking with reporters by telephone. In fact, one case he cited was specific to reporters visiting correctional facilities to interview prisoners face-to-face. Cooper's affidavit states prosecutors had no details, "regarding what type of media, how many individuals would be present, what types of equipment would be brought into the facility, etc."

The government said Gerace must follow the policy of the U.S. Marshals Service, which requires reporters to get five approvals to interview inmates, including from the office that prosecuted him. The policy states that reporters must also get permission from the judge, the prisoner and his/her attorneys, and jail management.

On Jan. 8, U.S. District Court Judge Lawrence Vilardo granted a temporary gag order to "deny media access to conduct an in-person interview," with Gerace.

On Feb. 18, Mark Foti and Eric Soehnlein, who represent Gerace, responded to the government's motion, stating that while they acknowledge that restricting access to "face-to-face interviews with media outlets does not violate the First Amendment, so long as there are alternative channels of communication open to inmates and the restriction operates in a neutral fashion without regard to the content of the expression."

In addition, their response includes this footnote: "The policy appears to restrict media access to in-person or face to face interviews. It is unclear to what extent telephonic interviews or written communication fall within the policy."

But they, too, agreed Gerace is bound by the policy of the U.S. Marshals Service.

On Feb. 21, the U.S. Attorneys Office threatened to have an FBI agent present "to ensure that, if Mr. Gerace does violate the protective order, the government can see the 'contempt or other sanctions' Mr. Gerace concedes are available."

Last week, Vilardo ordered Gerace and Chautauqua County jail management to abide by the policy of the U.S. Marshals Service.

But unlike his temporary order, Vilardo's final order does not rule out specific forms of communications with media, such as telephone or letters.

News 4 did not request the interview with Gerace; he made an unscheduled call to a member of News 4 Investigates.

As a result, on Monday prior to News 4 publishing its report, federal prosecutors filed a motion stating Gerace "flagrantly violated the Court's order when he gave" the interview to a Buffalo News reporter.

"Mr. Gerace’s contempt toward this Court’s order is but the latest iteration of his longstanding aversion to complying with the rule of law. This Court should order Mr. Gerace to show cause for why he should not be held in contempt and schedule a hearing— requiring Mr. Gerace’s presence—at the earliest opportunity," states the motion by Assistant U.S. Attorney Casey Chalbeck, who was part of the team that prosecuted Gerace.

Gerace called News 4 Investigates Tuesday afternoon, unaware that prosecutors filed the contempt motion. He said he was under the impression that the policy was in play only for in-person interviews in the jail.

Gerace said he now regrets not testifying at his trial.

“Why is the government so bent on trying to keep me quiet?" Gerace said. "Why are they so afraid of the truth.”

"I don't know how they can stop me from talking to the media," Gerace said.

If Gerace is indeed found to be in contempt, the judge could impose fines and additional jail time.

Gerace's attorneys declined to comment.