Federal prosecutors have said Carmine Agnello's decision to donate his kidney to his mother should not impact his sentencing. Agnello, 39, the grandson of late mob boss John Gotti, is expected to be sentenced on Monday. His new defense attorney has asked the court to take into account his offer to help his mom when determining the sentence, stating it was a show of his character.

Prosecutors told the judge the kidney donation hasn't happened and isn't scheduled to happen.

Agnello pleaded guilty to lying on COVID-era loan applications. Prosecutors said he illegally obtained three loans worth over $1.1 million and then used $400,000 of that money to invest in a crypto-currency business. His previous attorney asked the judge to forego jail time entirely after requesting to delay his sentencing in order for Agnello to donate his kidney to his mother.

Prosecutors are seeking a sentence of 33 to 41 months in federal prison for Agnello at his sentencing on Monday.