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AFFIDAVIT OF THOMAS J. LUPO

(See p. 533) STATE OF LOUISIANA, Parish of Orleans:

Personally came and appeared, before me, the undersigned authority, Thomas J. Lupo, of age, residing at No. 2 Hollyhock Lane, New Orleans, La., who, after being duly sworn, did depose and say:

That through press reports and a written statement, Aaron Kohn, managing director of the Metropolitan Crime Commission, reputed to have testified that Hilary Gaudin, a New Orleans attorney, represented Thomas J. Lupo and others on behalf of Nola Printing Co, regarding a sports wire connection for the purpose of disseminating illegal racehorse and wire service operations.

Deponent further stated that prior to September 1, 1961, he was unacquainted with Mr. Hilary Gaudin, whom he met for the first time on said day in the offices of Sehrt & Boyle, his attorneys, at 1507 Pere Marquette Building.

Deponent further stated that he has never, in any manner, shape or form, been connected with Nola Printing Co. and has never in any legal matter, been represented by Mr. Hilary Gaudin; that he has no business association whatever with Phil Kastel, Carlos Marcello, and Joseph Foretto, and any statement to the contrary by Mr. Aaron Kohn, or anyone else, is a rank falsehood.

Deponent further stated that he is a duly licensed realtor, conducting his business with offices at 990 Kenilworth Street in the city of New Orleans; that he is a law-abiding citizen and has never been arrested or criminally charged in any matter in his entire lifetime; that he is married to the former Alvena Smith and is the father of two children and bears a good reputation.

Deponent further stated that he issued a statement to the press, television, and radio stations of the city of New Orleans on September 1, 1961, a photostatic copy of said statement executed by him, is annexed hereto and made part hereof and he does hereby affirm that said statement is true and correct; that he makes this affidavit for the purpose of having same, together with the accompanying statement, filed in the official proceedings of the subcommittee of the U.S. Senate, headed by the Honorable John L. McClellan, Senator from the State of Arkansas, who is chairman of the subcommittee which conducted hearings regarding anticrime legislation.

THOMAS J. LUPO. Sworn to and subscribed before me this 25th day of September 1961.

CLEM H. SEHRT, Notary Public. My commission expires at death.

STATEMENT OF THOMAS J. LUPO

Mr. Aaron Kohn, managing director of the Metropolitan Crime Commission, has committed perjury if recent press reports quoting his testimony before the McClellan Senate subcommittee are correct. He is reputed to have said that Mr. Hilary Gaudin represented me and others on behalf of Nola Printing Co. relative to a sports wire connection and illegal racehorse wire service operations.

I wish to brand Mr. Kohn's statements as the rankest form of perjury, and unless a retraction is issued I shall hold him and the Metropolitan Crime Commission and its directors as his employers fully accountable in damages and by every other legal right at my command.

I have never met Mr. Hilary Gaudin prior to this day and he has never represented me and has this day confirmed that fact to my attorneys.

I am not now and have never been connected with the Nola Printing Co., nor any wire service, nor handbook operation nor any illegal business activity of any kind or character.

From reliable sources I have learned that Anthony "Tony" Lupo is connected with the Nola Printing Co. I am not acquainted with him but he bears the same surname as mine and we may be in some manner distantly related.

I wish to further state that I have never in my entire life attended a conference with Phil Kastel, and Carlos Marcello, and any so-called evidence to that effect has been "manufactured" by Mr. Kohn.

I am happily married and the father of two fine children. I am a law-abiding citizen and have never been arrested nor criminally charged in my life and to besmirch my name and reputation in this community where I am engaged in business as a duly licensed realtor, is unwarranted and I feel in this instance, malicious.

I respectfully request the press to give me equally prominent coverage with this statement, a copy of which I am forwarding to the Senate committee to be filed in the official record of the proceedings.

THOMAS J. LUPO. SEPTEMBER 1, 1961.

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