The filing does not describe what Eppolito said, but prosecutors are clearly concerned about a potential conflict of interest involving Cutler and his client Eppolito.

Cutler said there is no problem. "The world knows Lou hired me in 1994 and at that time John Gotti had been my client for 10 years," he said.

Allegations first surfaced in 1994 that Eppolito and his detective partner Stephen Caracappa had been on the payroll of Luchese crime underboss Anthony (Gaspipe) Casso and participated in a gangland murder.

Last month, the retired detectives were charged in a racketeering indictment that links them to eight mob hits.

Cutler said he never heard of any ties between Eppolito and Gotti other than his client's "lineage."

Eppolito acknowledged in his autobiography, "Mafia Cop," that his father and uncle were made members of the Gambino family.

When Eppolito and Caracappa were collared at an Italian restaurant in Las Vegas, a federal agent said, "This has been a long time coming, Louis," according to yesterday's filing. "I know," Eppolito responded.

The duo met with their lawyers on Saturday at the federal lockup in Brooklyn.

"Considering what Lou and Steve have been through, they looked remarkably resilient," Cutler said. "They have tremendous faith in the system and in us."