You might say he’s the forgotten man. The 15th defendant listed in a major 15-defendant Mob Racketeering case that has implicated two top Philadelphia Mobsters on serious charges and shaken the Philly Mob to it’s core.
His name is John Michael Payne, he’s 35 and he’s from South Jersey. He’s been behind bars for over a year now following his arrest along with 14 others in late November 2020. His alleged crime, one count in the 7-count indictment, conspiracy to distribute methamphetamine with members of the Philly LCN.
Tuesday afternoon, Payne went before federal Court Judge Barclay Surrick and plead guilty to conspiracy to distribute meth. His plea agreement calls for a sentence of 10 years in prison. He will get credit for 15 months already spent behind bars.
The charges against him also included an allegation that he was involved in a planned LCN related drug hit that FBI agents stopped in its tracks.
Here is a portion of the plea agreement filed by prosecutors about the case and the plans for an attempted hit.
For a period of years, the Federal Bureau of Investigation (FBI) conducted a multipronged investigation of the Philadelphia Family of La Cosa Nostra (LCN), also known as the
“mob” or “mafia.” Throughout the investigation, the FBI used a number of investigatory tools,
including confidential sources and court authorized wiretaps, to investigate various criminal
activities.
The investigation revealed that the Philadelphia LCN Family was engaged in a
substantially continuous operation for a number of decades, starting at an exact date unknown,
but from at least in or about August 2015, up through and including November 18, 2020. The
Philadelphia LCN Family existed to generate money for its members and associates through the
commission of various criminal acts including, but not limited to, drug trafficking.
In April 2017, Person #4 first met with law enforcement and agreed to cooperate.
Immediately prior to his cooperation, Person #4 had been actively supplying the defendant,
Servidio, DeLuca and others with methamphetamine, and had agreed to supply two pounds of
methamphetamine to Servidio. However, as a result of his cooperation, Person #4 could no
longer supply those individuals with drugs.
A series of subsequent calls and meetings revealed
that when Person #4 did not come through with the promised two pounds of methamphetamine,
the defendant, Servidio, DeLuca and others tried to purchase the methamphetamine from Person4’s supplier, an individual nicknamed “Polo,” directly. Polo then ripped off DeLuca and the defendant, sold them two pounds of rock-salt and stole their money.
Servidio, DeLuca and others then sought to regain their stolen money, or be supplied two pounds of methamphetamine, and
sought retribution against Polo.
On April 14, 2017, at 7:36 p.m., Person #4 (CS) received, and recorded, a call from
DeLuca. The following exchange occurred:
DELUCA: We got big problems.
CS: Why?
DELUCA: Call Polo. Shut that…shut that window. I…we came up here to get
somethin’ and eh…JP2 went in. They switched up the bags. He gave JP at the same
room. The guy left to count the money. JP was left holding the bag. Open the bag. He
2 “JP” refers to the defendant, John Michael Payne.
came out. He came out with…I don’t know what it is…fuckin’ rock salt. He says it’s
imperative that you call him.
CS: Okay. It’s imperative. I mean there was nothing I could…I…there was nothin’ I
could do.
DELUCA: What do you mean?
CS: For today. I mean, I was… (UI)
DELUCA: No…was nothin’. No, listen to me. I gave him…I gave him $16,000.
CS: Oh, my God!
DELUCA: Of Joe…Joe gave me the money.
CS: Oh, my God (UI).
Later recordings with DeLuca and the defendant re-outlined in greater detail the attempt to
purchase two pounds of methamphetamine from Polo, how DeLuca was scammed by Polo, the
resulting anger this created for other LCN members and associates, and their collective attempt
to retrieve the stolen money and/or inflict retribution upon Polo through violence. On April 18,
2017, the following recording was made:
DELUCA: I go get him. I grabbed the bag. He said look in the bag. I said, no, I’m not
looking in the bag.
PAYNE: I said, look in the bag.
DELUCA: He says, look in the bag. I said, I’m not looking in the bag! Get to the
truck. I look in the bag…fuckin rock salt. He said, that’s why I wanted you to look in the
bag. I said, what do you want me to do, go in there and what, get killed? And they were
ghosts’ anyway. . . .
DELUCA: Oh my god. This kid…I says, Joe, do not hurt this kid. I said, please, this
kid don’t deserve no hurtin’. Thank god we had all the texts. Thank god I didn’t make
him go get his car…because I knew. Stay with me and everything’s gonna be okay. I told
ya everythings (UI). I wonder what this kid’s thinking…maybe I’m gonna back door him
or whatever. Do you know what I mean? You don’t know. . . . .
DELUCA: Yeah. The motherfucker…yeah, I thought he was done. I told you
that…he’s done. I thought that kid was gonna get hurt. But we all prevailed. I said…I
looked at Joe and I said, Joe, don’t hurt that kid. He saw all the texts. He saw the kid was
right. He stood there. The kid there. That’s why I didn’t (UI). Because god forbid if he
doesn’t (UI). Because then it would’ve been over. Then it would have been over.).
Separate recordings between a different FBI Confidential Source (“Person # 5” in the
superseding indictment) and Servidio confirmed the facts of the botched drug deal, that Servidio
provided the money to DeLuca and Payne that was taken by “Polo,” and Servidio’s confrontation
of DeLuca and the defendant regarding the incident.
In recorded conversation in late April 2017, Deluca described to Person #4, DeLuca’s
and the defendant’s plan with others to shoot and kill Polo and then destroy the evidence. On
April 21, 2017, the following recording occurred:
DELUCA: We need to rent a car that can’t be traced. Some kind of car that can’t be
traced. We need three pieces, throw aways.
CS: A rental car that can’t be traced how we get that?
DELUCA: Not a rent… a car that can’t be traced somehow, some what we could
dump the car if we have to do it.
CS: Ok.
DELUCA: Throw away. Not you know what I mean. (UI). We go Bang! Bang! Here
we go … Okay! Yeah see ya. (UI)
CS: I’m just trying to (UI).
DELUCA: Yeah alright. Hm I know they’re dealing with, you know (UI) so I’ll do it
for you, you know but I want you there. (UI)
CS: (UI)
DELUCA: There’s two ways we can handle, we go his neighborhood, follow him, see
where he’s at. Soon as we find the opportunity within a week span, we go, get out, park
sit in the truck. So, what I would like to do, is get him (UI) somehow you, with him, drive
by and take care of it.
DELUCA: It’s all fine. It’s all fine. But I’m not going without you! It’s that simple
I’m not doing it without you, I want you present and want you here. I want you know?
CS: Do you trust JP for that?
DELUCA: Yeah, Why? I’m going to get it done no matter what, but I don’t need.
CS: No, I know that.
DELUCA: I’ll take care of it, but it’s got to be done But I want everybody there that
was involved. So this way everybody is involved. So this I have you know. If anything’s
going to happen were all (UI).
Following the conversation with DeLuca, Person #4 spoke with the defendant, and the defendant
indicated that he would participate in the effort to locate and kill Polo. As confirmation of that
conversation, the defendant sent Person #4 the following text message, “Whether he makes it
right at this point or if he keeps doing the wrong, he’s still going to sleep forever…He was wrong
from the beginning.”
Following the botched attempt to purchase methamphetamine from Polo, the defendant
continued to engage in recorded conversations with Person #4. Based upon Person #4’s
testimony and recorded admissions made by the defendant and DeLuca regarding the volume of
methamphetamine involved in the conspiracy, it was reasonably foreseeable to the defendant that
500 grams or more of a mixture and substance containing a detectable amount of
methamphetamine was involved in the commission of the drug trafficking conspiracy.
On November 19, 2020, the defendant was arrested and processed by the FBI. After
being provided his Miranda warnings, Payne admitted to the FBI that he was a longtime
methamphetamine dealer who, from at least 2017 until 2020 received packages of
methamphetamine from, among other sources, a supplier in California. Payne admitted to
receiving at least 11 pounds of methamphetamine from the California supplier. Payne also
admitted to trafficking in methamphetamine in the Philadelphia area with, among others, codefendant Victor DeLuca – an LCN associate – and Person #4.
Payne also admitted to attempting
to purchase 2 pounds of methamphetamine, along with DeLuca, from a West Philadelphia based
supplier (“Polo”). He also admitted that he was provided with fake drugs and then had to go to
the known Philadelphia LCN/mob hangout, the Broadway Theatrical Club, and meet with LCN
figures.
This memorandum sets forth sufficient facts necessary to establish the elements of the
offense to which the defendant intends to plead guilty. This memorandum is not, however,
intended to be a complete accounting of all the facts and events related to the offense
As recently last October, Payne and his attorney went back into court trying to get a federal judge in the wide sweeping, high profile case to release Payne, the father of three children.
On October 12th, after a hearing in court, a judge in the case denied his motion siding with prosecutors who claimed in past hearings that Payne is a risk of flight and a danger to the community.
Documents in Payne’s last attempt at bail haven’t been made public. The only document that is public is the judge’s one-page order denying bail “for reasons stated on the record” at the hearing.
In October, the US Attorney’s Office, through a spokesperson, refused comment. Calls to Payne’s attorney on record in the case were not returned.
In the scheme of things, Payne appears to be just another defendant. He’s not a made guy. In fact, most wise guys who spoke with Mobtalksitdown.com never heard or met the guy. He’s certainly not in the same league with the top guys in this case, accused one time Underboss Steven Mazzone, Mob Captain Domenic Grande or Mob soldiers Sonny Mazzone and convicted drug dealer Joseph “Joey Electric” Servidio. Yet he’s still in prison.
So why is the FBI and the U.S. Attorney’s Office so interested in Payne and insisting he stay in prison pending trial?
This might explain why. It’s the government’s December 2020 motion for pre trial detention. And we clearly admit we totally overlooked this defendant in the original splash of headlines over Mazzone and Grande and the other news stories surrounding this case when it broke.
Here’s some information directly from the Government’s December 2020 Motion:
“On November 18, 2020, a grand jury returned a superseding indictment charging the defendant with Conspiracy to Distribute 500 grams or more of methamphetamine. As such, there is probable cause to believe that the defendant has committed that offense. The evidence in this case is strong and it will prove the following facts:
Defendant Payne is an associate of the LCN who engaged in drug trafficking along with LCN members and other associates.
The charges in this case are the result of several different law enforcement investigations that utilized, among other tools, court ordered wiretaps, undercover agents, surveillance, and the use of multiple confidential informants to uncover evidence. Throughout the investigation the FBI has obtained hundreds of hours of recordings of the various defendants, including defendant Payne.
Payne is a long-time methamphetamine dealer who in and around the time of the indictment began conducting drug transactions along with LCN members and associates. Payne met with various codefendants, such as LCN member Joseph Servidio, and LCN associates Victor DeLuca and Carl Chianese, in order to deal drugs for and with the LCN.
Payne paid portions of drug profits to the LCN and engaged in drug deals of methamphetamine, counterfeit oxycodone, and other substances, for the LCN. Cooperating witnesses, agent surveillance, drug seizures and recordings of conversations confirm Payne’s role and the drug activities of the LCN.
During the investigation Payne demonstrated a willingness and capacity not only to deal drugs, but also to cause harm and even murder, in order to protect his relationship with the LCN.
For instance, in April 2017, Payne and DeLuca, at the behest of Servidio and Chianese, attempted to purchase 2 pounds of methamphetamine from a local Philadelphia drug supplier. The supplier met with Payne and DeLuca and, unbeknownst to them, supplied them with fake methamphetamine.
Soon thereafter, in recorded conversations, Payne explained how he went to meet the drug supplier, unknowingly was given “rock salt” instead of methamphetamine, and lost $16,000 of the LCN’s money for the drug deal. Enraged, Servidio and Chianese confronted Payne and DeLuca inside of the known LCN hang-out, the Broadway Theatrical Club, and pointed a gun to the head, and a knife to the throat, of Payne and DeLuca.
Ultimately, Payne and DeLuca were let go, but commanded to obtain the LCN’s stolen money and 2 pounds of methamphetamine.
After several unsuccessful attempts to obtain the owed drugs or drug money, Payne and DeLuca began to plot to kill the drug supplier that wronged them and the LCN. DeLuca explained to an FBI informant that Payne, DeLuca and the informant, would obtain “a car that can’t be traced” and disposable guns (“throw aways”).
Then, DeLuca explained they would “go to his neighborhood, follow him, see where he’s at . . . what I would like to do is, get him somehow you, with him, drive by and take care of it.”
DeLuca reiterated that Payne was a part of the murder plot. The informant then spoke with Payne about the murder plot and Payne admitted that he intended to help kill the supplier.
In a follow up text message after that conversation, Payne wrote of the murder target, “whether he makes it right at this point or if he keeps doing wrong, he’s still going to sleep forever. He was wrong from the beginning.”
Ultimately, the FBI interceded and alerted the drug supplier of the risk in order to save his/her life. At around the same time the FBI continued to investigate Payne and his associates.
In the ongoing investigation the FBI, through an informant, purchased a firearm from Payne as well as several distribution level amounts of methamphetamine. The criminal conduct surrounding those incidents have not yet been charged.
On November 19, 2020, Payne was arrested on this indictment. During his arrest FBI agents recovered a shotgun, shotgun ammunition, and drug packaging materials from his bedroom. During a follow up interview with the FBI, Payne admitted to, among other things, obtaining and distributing over 10 pounds of methamphetamine in 2017, a time period within this indictment.”
Federal prosecutors also noted in their motion for pre-trial detention that Payne has a criminal history. Here’s more from their motion.
“Moreover, Payne has shown that he continues to be engaged in criminal activity. Payne was arrested on November 7, 2020, in New Jersey for drug and gun possession. There, Payne was driving a car and was seen passing cars across a double yellow line in the roadway. When pulled over, Payne acted nervously, was revealed to have 2 outstanding warrants (for fines) and to have three children in his car – two of whom, aged 7 and 5, were in the backseat but not in child safety seats.
In the subsequent investigation, officers recovered a loaded, un-serialized gun with an extended magazine from Payne’s waist, 5 knives, a bag of methamphetamine and several pills. Payne was arrested and post-Miranda explained to the police that he obtained the gun “from the streets in the city . . . in North Philly . . . for $500.” Those circumstances, as well as his current charges, demonstrate that the defendant poses a significant danger to the community, if released.
On November 16, 2020, Payne was released on conditions for the charges stemming from his arrest on November 7th. Significantly, Payne was directed to “refrain from possessing a firearm. . . .”. However, on November 19, 2020, when the FBI arrested Payne on this indictment he was found to be in possession of a shotgun, ammunition, and drug packaging materials in his bedroom.
Therefore, within a mere three days of being released from custody Payne not only reengaged in criminal conduct, but flagrantly violated the lawful order of a court. Clearly, this Court cannot trust Payne under any circumstances of release.”
Payne’s lawyer, Jerome Brown, submitted legal arguments last December saying Payne was a “great and dedicated father…he is an extraordinarily kind, gentle and compassionate person, always willing to help others. He is unusually devoted to his family and friends. He’s an extremely hardworking and conscientious individual….there is a sense of shock that he was involved in a matter of this kind.”
Brown submitted a number of personal letters from family members and friends on Payne’s behalf.
Phones calls by Mobtalksitdown.com to Attorney Jerome Brown have not been returned.
