The labor racketeering trial began in April 1986, with Massino as one of 12 defendants including Rastelli and former underboss Nicholas Marangello. While Massino protested in confidence to other mobsters he never had the opportunity to profit from the racket, he was implicated by both Pistone and union official Anthony Gilberti, and on October 15, 1986, was found guilty of racketeering charges for accepting kickbacks on the Bonannos' behalf. On January 16, 1987, Massino was sentenced to 10 years' imprisonment, his first prison term. Rastelli, also convicted and in poor health during the trial, was sentenced to 12 years in prison. Around this time, Massino was believed to be the Bonanno family's official underboss. With Rastelli in declining health, Massino was also reckoned as the operating head of the family, though consigliere Anthony "Old Man" Spero was nominally acting boss.