Judge recommends lower sentence for convicted DEA agent Bongiovanni

BUFFALO, N.Y. (WIVB) -- A federal judge has recommended a significantly reduced prison sentence for former DEA agent Joseph Bongiovanni, who was convicted last year of seven federal crimes.

The proposed sentence now ranges from nine to 11 years—far below the pre-sentence report's recommendation of 19 to 24 years.

In October 2024, a jury found Bongiovanni guilty of misleading law enforcement and protecting a drug trafficking organization led by Ronald Serio.

Prosecutors said Serio operated a cannabis grow operation in the basement of his Amherst mansion and trafficked marijuana, cocaine, and fentanyl. Serio, a key government witness, was sentenced to approximately two years in prison.

U.S. probation's pre-sentence report, which assists judges in determining prison terms, recommended Bongiovanni serve 19 to 24 years for conspiring to defraud the United States, conspiring to possess with the intent to distribute and distribute drugs, four counts of obstructing justice, and one count of making false statements to law enforcement.

However, both prosecutors and defense attorneys objected to the recommendation.

Prosecutors pushed for a minimum of 24 years, while Bongiovanni’s attorneys argued for a sentence closer to two years.

For the most part, the discrepancy centered on the quantity of drugs Bongiovanni could have reasonably foreseen as part of the conspiracy. The pre-sentence report attributed 10,000 pounds of cannabis, 11 pounds of cocaine, and 16,000 fentanyl pills to Bongiovanni. But the jury found that less than 110 pounds of cannabis was reasonably foreseeable to him.

Defense attorneys Parker MacKay and Robert Singer argued Bongiovanni should only be linked to 20 pounds of cannabis grown by a co-defendant.

U.S. District Judge Lawrence Vilardo said the government failed to prove Bongiovanni could have foreseen more than 110 pounds of cannabis cited in the jury's verdict.

Regarding cocaine, Vilardo noted that while Serio testified his organization sold about 11 pounds of cocaine and that Bongiovanni knew the operation was seeking customers for multiple kilograms, he calculated a foreseeable amount of roughly four pounds. He also found insufficient evidence that Bongiovanni knew the organization was trafficking fentanyl.

"But just because Serio testified as to what he distributed does not necessarily mean that the full amount should be included in Bongiovanni’s relevant conduct," Vilardo said. "Before adding that in, the Court must have some evidence that Bongiovanni knew about or could reasonably have foreseen that amount."

MacKay and Singer said in a statement Monday that they do not believe the jury intended to hold Bongiovanni accountable for any cocaine trafficking tied to Serio's organization.

They also disagreed with with the judge that a confidential informant’s unverified debriefing statements against the Serio's drug-trafficking organization reasonably put Mr. Bongiovanni on notice of what the the organization actually was doing. MacKay and Singer said the informant's statements "differed significantly from that same witness’s trial testimony," and Serio confirmed the informant was not a part of the organization.

Regardless, MacKay and Singer said they are pleased the court "rejected the government's preposterous narrative that it proved every single fact put forth at trial, warranting a 20+ year sentence."

"In any event, the Sentencing Guidelines are simply an advisory starting point to a sentence, and we look forward to painting a more complete picture of Mr. Bongiovanni as we approach sentencing," they said.

Vilardo said the U.S. Probation Department has until Oct. 31 to revise make the pre-sentence report. A sentencing date has not yet been set.