Offered here is an extraordinary and rare four-page typed legal letter dated December 22, 1954, authored by attorney Joseph E. Freehill to U.S. District Court Judge Phillip Forman. This historic document pertains to the denaturalization proceedings of Vito Genovese, the infamous organized crime boss who would later rise to power as the head of the Genovese crime family.
In this detailed legal memorandum, Freehill draws comparisons between Genovese’s case and the precedent set by Cutruf v. United States (1954), as well as references to the denaturalization rulings in Brenci and Polissi. He argues that the government’s burden of proof had not been met in Genovese’s case, despite allegations of concealed criminal arrests during the naturalization process. The letter methodically dissects the standards used by courts to assess whether omissions about arrest histories were intentional or material to citizenship applications.
Freehill’s argument hinges on the “exacting standard” required for denaturalization, asserting that the same standard that led to reversals in similar cases should also apply to Genovese, who had been a naturalized citizen for over 26 years. The letter critiques the evidentiary approach of the government, contends that Genovese was never asked about arrests (only felony convictions), and bolsters Genovese’s credibility with supporting testimony from Judge Mateo of the Municipal Court and other reputable community members.
This letter offers a rare glimpse into the legal strategy used in one of the most significant cases involving a major American mobster. Genovese, a towering figure in the history of organized crime, had fled the U.S. in 1937 while under indictment and returned after World War II. The government’s attempts to strip his citizenship on the grounds of misrepresentation were part of a broader legal effort to deport him.
Typed on four onionskin pages, 8.5 x 11, of legal stationery. In fine condition. Final page bears a section where the attorney would sign this letter, but because this is an official carbon copy of the original, no signature is present. It is likely that this document originated from the files of someone connected to the original case, and this was their personal copy for records.