By Michele Evans | NY Weekly Record
August 10, 2026
Crime & Courts | Breaking News
Carmine G. Agnello, the 40-year-old grandson of late Gambino crime boss John Gotti, has entered federal custody at FCI Fairton in New Jersey after a judge rejected his latest attempt to postpone the start of a 15-month prison sentence while he remained available to donate a kidney to his mother, Victoria Gotti.
An employee at the Metropolitan Detention Center in Brooklyn confirmed directly to the NY Weekly Record by telephone at approximately 8:47 p.m. Monday that Agnello was in federal custody and identified his location as FCI Fairton in New Jersey.
When asked by the NY Weekly Record for her name, the employee declined to provide it.
The NY Weekly Record subsequently attempted to reach FCI Fairton directly Monday evening for additional confirmation and information regarding Agnello’s arrival, but calls to the institution were not answered before publication.
The confirmation resolves a question that remained unanswered for hours after Agnello’s court-ordered surrender deadline passed at 4 p.m. News organizations reporting on the case Monday afternoon said he had been ordered to surrender, but his entry into federal custody had not yet been publicly confirmed.
Agnello’s Federal Bureau of Prisons register number is 37944-511.
Judge Refuses Another Delay
U.S. District Judge Nusrat Choudhury rejected a last-minute request Monday from Agnello’s attorney, Robert Beltrani, seeking to preserve a previously scheduled September 18 surrender date.
The request centered on Agnello’s plan to donate a kidney to his mother, who is suffering from advanced kidney disease.
The transplant had been expected to take place earlier this month but was postponed after Victoria Gotti developed an infection that required treatment.
Her physician told the court that a transplant could not proceed until the infections were fully treated.
Prosecutors opposed another delay, arguing that there was no scheduled transplant and that the procedure was not imminent.
Choudhury agreed.
The judge concluded there was no concrete evidence demonstrating that a transplant would actually occur between August 10 and September 18 and found another postponement of Agnello’s surrender unjustified.
She ultimately gave Agnello until 4 p.m. Monday to surrender.
Months of Delays Over Kidney Donation
The kidney transplant has played an unusual role throughout Agnello’s sentencing proceedings.
His attorneys previously argued that incarcerating him before the procedure could eliminate him as a viable living donor for his mother.
Earlier representations to the court indicated that surgery could happen relatively quickly. But proposed transplant dates came and went.
By April, one of Agnello’s attorneys told the court that although Victoria Gotti suffered from advanced chronic kidney disease, her condition had not deteriorated to the point at which transplant surgery was immediately required.
The court nevertheless granted Agnello additional time before beginning his sentence in hopes that the donation could occur.
When the anticipated August transplant was again postponed because of Victoria Gotti’s infection, Agnello’s attorney returned to court seeking additional time.
This time, Choudhury said no.
15 Months for COVID Relief Fraud
Agnello pleaded guilty in 2024 in connection with a COVID-19 relief fraud scheme involving his auto-parts business.
Federal prosecutors accused him of submitting fraudulent applications for pandemic-relief loans, including false information about payroll and his criminal history.
Authorities also alleged that hundreds of thousands of dollars obtained through the program were invested in a cryptocurrency venture.
Agnello was ultimately sentenced in April to 15 months in federal prison, two years of supervised release and 100 hours of community service. He was also ordered to pay more than $1.26 million in restitution to the Small Business Administration.
Prosecutors had sought a substantially longer prison term.
Separate Nassau County Case Pending
Agnello also has a separate criminal case pending on Long Island.
He was arrested in June following allegations that he assaulted his girlfriend outside his Nassau County home and damaged her cellphone during an argument.
Agnello has pleaded not guilty to those charges and is scheduled to return to Nassau County court on August 17.
The allegations in that case have not been proven.
NY Weekly Record Confirms Federal Custody
Shortly after 7:30 p.m. Monday, the Bureau of Prisons’ public inmate locator continued to list Agnello as “Not in BOP custody.”
The NY Weekly Record continued attempting to determine Agnello’s status after the 4 p.m. surrender deadline, contacting federal facilities and Bureau of Prisons personnel Monday evening.
At approximately 8:47 p.m., an employee at MDC Brooklyn confirmed directly to the NY Weekly Record that Agnello was in federal custody and identified his location as FCI Fairton.
The employee declined to identify herself when asked for her name.
The confirmation is significant because the Bureau of Prisons’ public-facing inmate locator had not yet reflected Agnello’s entry into custody when the NY Weekly Record checked it earlier Monday evening.
FCI Fairton is a federal correctional institution in southern New Jersey operated by the Federal Bureau of Prisons.
The NY Weekly Record attempted to contact Fairton immediately following the MDC confirmation but was unable to reach staff at the institution before publication.
Whether Agnello’s incarceration ultimately prevents him from donating a kidney to his mother remains unclear.
For Monday, however, the question before the federal court was considerably narrower: whether another uncertain transplant date justified another delay in the commencement of his sentence.
Judge Choudhury decided that it did not.
This is a developing story. The NY Weekly Record will update this report as additional information becomes available.
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