He's been on Nevada's 'Black Book' for nearly 34 years. Now, he wants off

LAS VEGAS — It’s been nearly 34 years since Francis “Frankie” Citro Jr. has seen the inside of a Nevada casino.

He hasn’t eaten a meal at any of the restaurants at Bellagio or gone to the art gallery there. Hasn’t encountered any of the beautiful displays at Wynn Las Vegas or Encore. Never visited any of the showrooms and lounges where some of his friends gather. He’s never seen that multistory sportsbook at Circa downtown.

Now, he wants to.

Citro, one of the 37 people included on Nevada’s List of Excluded Persons — also known as the Black Book — is banned by Nevada law from entering any of the state’s licensed casino properties. If he tried to enter and was discovered, he could be charged with a misdemeanor and the property that let him in could face disciplinary action “as an unsuitable method of operation.”

The Control Board’s 3½-page Regulation 38 spells out exactly where persons on the list can’t go.

The regulation says anyone on the list “is to be excluded in every portion of said gaming establishment including but not limited to the casino, rooms, theater, bar, pool, lounge, showroom and all other related facilities of said gaming establishment.”

But Citro, who turned 80 on Sunday, is attempting to do something no other person has done — be removed from the Black Book while still alive.

Periodically, the Nevada Gaming Commission reviews the list and removes the names of people who have died since the last review. The current list has at least two people who have died since the latest review.

Citro and his attorney, Las Vegas lawyer Michael Lasher, mailed Citro’s petition for removal from the list of excluded persons Friday. Once it has been reviewed by the Gaming Control Board’s Enforcement Division, the commission will have 90 days to either set a hearing for Citro or reject the petition.

Lasher thinks Citro has a compelling case for removal.

In his 10-page petition, Lasher explains how Citro is a changed man from the one who famously stood before the Nevada Gaming Commission on Nov. 21, 1991, in a tuxedo and heard the five-member commission vote unanimously to ban him from the state’s casinos.

“Good cause exists to grant petitioner a hearing and to remove him from the List of Excluded Persons,” Lasher’s petition says. “Petitioner was placed on the list because of four felony convictions and his allegedly unsavory character gleaned from media accounts and government crime reports. In the decades that have passed, petitioner’s character and reputation have become stellar. He is a reformed man, doing good for his community by charity fundraising as an entertainer. And the media has taken note.”

First convicted in 1980

Citro was found guilty in August 1980 of extortion, in July 1987 for conspiracy to use counterfeit credit cards, both in U.S. District Court in Nevada. He also was found guilty in February 1986 of racketeering in U.S. District Court’s Central District of California. He served a two-year sentence and was placed on probation.

Once out of prison, Citro found himself before the Gaming Commission.

In addition to the convictions, Citro was placed on the list based on his “notorious and unsavory reputation as reflected in government crime reports, indictments and newspaper articles.”

But since doing prison time, Lasher said Citro has reformed and found some allies who support him. The media articles about him have turned positive.

“A Los Angeles Times article dated March 27, 2013, quotes North Las Vegas police officer Steve Noahr: ‘I’m a cop. I deal with lots of people who did things 40 years ago, now trying to eke out a living. You pay your debt to society, why be persecuted for life?’

“And former Lt. Gov. Lonnie Hammergren said to the Los Angeles Times on March 28, 2013, ‘if anyone gets off the list, it should be Frankie.’ And, in April 2013, the Charlie Rose show on CBS’ ‘Good Morning America’ covered petitioner’s plight, describing how hard it is to live in Las Vegas while being on the list. Nevada Lt. Gov. Lonnie Hammergren spoke again on petitioner’s behalf, stating that there are many unsavory people who should be on the list, but petitioner is not one of them since he has led a clean life for many decades.”

Long list of supporters

Even in the decade following those comments, more people have stood up for Citro. Among his supporters, according to the petition, are musical conductor Mariano Longo, cardiologist Herbert Cordero and attorneys Dominic Gentile and Frank Beninato, the Rev. Michael Boykin and Las Vegas entertainer Frankie Scinta.

“Scinta echoes what others have said,” the petition says. “Petitioner is not known as a mobster or criminal, but as a friend in the community, struggling to make a living to care for his family.”

One reason for the perception that Citro is a gangster or mobster is his schtick as “Las Vegas Tough Guy Frankie Citro.”

He loves to tell stories about the city’s history and the mob days of the past and in between those tales, he uses his credible baritone voice to sing be-bop and Italian folk songs.

Lasher also has elicited support from some of Citro’s friends and neighbors in the petition to regulators.

“Petitioner has done extensive fund-raising for various local charities,” the petition says. “As just a few examples, he hosted a Christmas Dance Party to benefit the kids at Child Haven, for which he received letters of appreciation. He also assisted in another charity drive, which collected 3,000 socks for homeless people.”

Lasher also hopes to lean on the 14th Amendment, which could allow him to seal records of his convictions.

“If petitioner’s convictions had arisen under Nevada statutes (and not federal statutes) they could be sealed. Under NRS 179.245 (1)(a), even a Category A felony can be sealed after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later. Here, petitioner is decades past his latest conviction in 1987.”

Hearing requested

In the petition, Lasher made his pitch to the commission to conduct a hearing.

“The commission now has the unique opportunity to show that its procedures are fair and that people can be removed from the list through means other than death if the circumstances warrant it, as they do here,” the document says.

“Petitioner has paid his debt to society, has redeemed himself and would not bring the gaming industry into ill-repute. All of the reasons he was originally placed on the List of Excluded Persons now no longer applies. He should be removed.”

A representative of the Gaming Control Board said Friday “to the best of our knowledge, no person who is still alive has ever been removed from the List of Excluded Persons.”