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Jury reaches no verdict in Tuesday deliberations of Anthony 'Big Tony' Moscatiello trial

Reputed mobster faces death penalty if convicted in 2001 shooting of Miami Subs founder

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FORT LAUDERDALE, Fla. – Jurors could soon determine the fate of an alleged mobster accused of ordering the 2001 hit on South Florida businessman and Miami Subs founder Gus Boulis.

Anthony "Big Tony" Moscatiello faces the death penalty if convicted in the 2001 shooting death.

Prosecutors said Moscatiello is a member of New York's Gambino crime family who ordered Boulis killed by a mob hit man.

During closing arguments Monday, prosecutor Gregg Rossman told jurors that Moscatiello ordered the hit on Boulis to protect a stream of income from businessman Adam Kidan, who had purchased the SunCruz Casinos boat fleet from Boulis in what turned out to be a fraudulent deal.

"Anthony Moscatiello, 'Big Tony,' spoke for everybody in this case," Rossman said. "He gave the orders. He's the person who called back and told the job is done."

Boulis was trying to regain control of the company, and Rossman said Moscatiello knew his payments would dry up if Kidan was no longer in charge.

Meanwhile, the defense insisted that Kidan was behind the murder.

"And you know what Mr. Kidan's motive was?" Moscatiello's attorney, Kenneth Malik, said. "He was afraid of being killed by Gus Boulis, so he struck first."

Boulis was killed in January 2001 after three cars cornered his vehicle after he left his Fort Lauderdale office.

During Moscatiello's retrial, one of the state's key witnesses was a man who admitted to being ordered to get rid of the gun used in the shooting.

James "Pudgy" Fiorillo told the court that he threw the gun off a Miami Beach bridge.

Witnesses said the gunman, John "J.J." Gurino, was later killed in a dispute with a Boca Raton delicatessen owner.

Fiorillo accepted a plea deal with the state, agreeing to testify against Moscatiello and Anthony "Little Tony" Ferrari in exchange for pleading guilty to conspiracy to commit murder.  He served 6 1/2 years in prison and has since been released.

Ferrari was found guilty of murder in 2013 and sentenced to life in prison without parole.

Moscatiello did not testify in his own defense. Instead, his lawyers sought to pin the shooting on Ferrari.

Moscatiello's 2013 trial ended in a mistrial when his attorney became ill.

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