Reputed New York Mafia ‘Boss-In-Waiting’ Says He Deserves Leniency for Shaking Down Union. Prosecutors Disagree

The "heir apparent" to a New York City Mafia family claims his reputed status as boss-in-waiting shouldn't determine his next prison term — but prosecutors say that's precisely why he needs to be locked up.

Theodore "Skinny Teddy" Persico, 60, faces sentencing Friday in U.S. District Court in Brooklyn following his July guilty plea to racketeering in the extortion of more than $600,000 from the head of a Queens-based construction union.

The 20-year shakedown led to the 2021 arrests of Persico and the entire Colombo crime family hierarchy, including his uncle, Colombo boss Andrew "Mush" Russo, who died in April 2022 while awaiting trial.

In court papers filed late last month, defense lawyers challenged prosecution allegations that Persico was set to take over the Colombo family before he was busted.

"While we dispute this assertion, whether or not Mr. Persico was in line for a promotion within the criminal organization, and who was next in line of succession is irrelevant to questions of relevant offense conduct and role in the offense," lawyers Joseph Corozzo and Angela Lipsman wrote.

The defense asked U.S. District Judge Hector Gonzalez to impose a sentence below the agreed-upon guidelines of at least four years, nine months, saying Persico merited leniency due to his strong work ethic in managing an auto body shop, and his "devotion" to his "fiancee and other loved ones."

Prosecutors shot back last week, saying that Persico deserved punishment "at the high end" of the scale, which tops out at just shy of six years.

They noted that Persico, nephew of the late Colombo godfather Carmine "the Snake" Persico, has a criminal record that dates to when he was just 17 and includes ordering the murder of a rival Colombo member while attending his grandmother's wake during a prison furlough.

He's also "quickly and consistently resumed his ties to the Colombo crime family" each time he's been released from prison, prosecutors said, most recently in May 2020.

In addition, prosecutors said, the evidence that he's the "heir apparent" to lead the Colombo family includes his receiving $3,000 from a $12,000 union payoff in June 2021 — the same amount given to then-Colombo boss Russo.

"While Persico claims his future role is irrelevant here...this leadership role is a factor under his history and characteristics that the Court should consider in determining the appropriate sentence," assistant U.S. attorneys Devon Lash, Michael Gibaldi and Andrew Reich wrote.

"It demonstrates his lifelong allegiance to the Colombo crime family."