Merlino Trial thread

[dack2001]

How about a thread dedicated just to the trial? Looks like Joey is going to use a variation of the Gotti defense.

On trial again, Joey Merlino claims he's left the mob behind
Updated: January 26, 2018 — 6:14 PM EST


by Jeremy Roebuck, Staff Writer @jeremyrroebuck | jroebuck@phillynews.com


He’s survived more than a dozen attempts on his life. He’s dodged murder raps of his own. He’s won and lost battles with the feds — and tried in recent years to refashion himself as a retired man of leisure and Florida restaurateur.


But this week, reputed Philadelphia mob boss Joseph “Skinny Joey” Merlino, 55, once again will find himself in a federal courtroom — fighting a case that could force him to grow old in prison.

The charges, unveiled by prosecutors in 2016, are all crimes that Merlino has faced and fought before – racketeering, conspiracy, illegal gambling – with one significant exception. In a first, investigators allege that Merlino led a Mafia attempt to muscle into health-care fraud with a racket involving prescriptions for topical pain creams.


Still, as jury selection is set to begin Monday in Manhattan, Philly’s own mouthy celebrity mobster appears to like his odds.

Merlino reportedly rejected a plea offer last summer that carried less than two years in prison in a case that could put him away for 20.

The trial, which will play out over the next month in New York, is the result of a multiyear investigation that Merlino’s lawyers, Edwin Jacobs and John Meringolo, have characterized as thin on evidence, mishandled by agents, and aimed at dismantling an organization they say doesn’t exist.

Forty-six purported mobsters and associates were swept up in the dragnet as authorities nearly two years ago unsealed their indictment detailing the workings of an entity described as the “East Coast La Cosa Nostra Enterprise.”

The document sketches out a loose alliance of mob crews in New York; Philadelphia; Springfield, Mass.; and Boca Raton, Fla., forced to pool their resources and income streams as the glory days of the Mafia faded into the past. Members – who hailed from the Genovese, Gambino, Lucchese, Bonanno, and Philadelphia families – allegedly committed crimes ranging from extortion and arson to credit-card fraud and selling illegal cigarettes.


And at the organization’s top, prosecutors allege, sat a triumvirate of aging dons: Merlino and two Genovese capos – Pasquale “Patsy” Parrello, 73, of the Bronx, N.Y.; and Eugene Onofrio, 75, of East Haven, Conn.

Together, the indictment says, the organization “promoted a climate of fear in the community through threats of economic harm and violence, as well as actual violence.”

Forty-four of the 46 defendants — including Parrello — have cut deals with the government to plead guilty, and late last year U.S. District Judge Sullivan postponed Onofrio’s trial indefinitely, citing undisclosed health concerns.

That will leave Merlino alone at the defendant’s table. But Jacobs and Meringolo have argued in court filings that the government’s depiction of a unified Atlantic Coast Mafia enterprise is a fantasy driven by government lawyers and agents eager to build a blockbuster mob case.

‘Too many rats’

Their client maintains that he wouldn’t know — he’s retired from mob life for good.

It’s a line Merlino has perpetually repeated since he was released in 2011 after more than a decade in federal prison for racketeering, gambling, assault, and weapons convictions and immediately relocated to Florida.

Merlino and his lawyers declined to discuss the current case before it goes to trial. But they have cited in court papers a 2013 interview the reputed boss gave to mob writer and former Inquirer reporter George Anastasia as a more accurate representation of what, these days, “Skinny Joey” is about.

“I want no part of that,” Merlino said of the mob at the time. “Too many rats.”

It’s clear that, at least in some ways, Florida has changed him.

The Merlino of Boca Raton is a bronzed, buffed-up, and slightly graying version of the rail-thin, charismatic Philly gangster of the ’90s, who drew the ire of Philadelphia’s feds as he openly marched in the Mummers Parade while raising hell on the streets in the city’s particularly bloody mob war.

He is starting to show his age: A hospitalization for heart blockages earlier this month delayed his trial by two weeks.

And although for a time Merlino was peddling his mother’s South Philly recipes at an eponymously named restaurant at which he served as maître d’, he has personally adopted a more beach-friendly diet – one that apparently flummoxed his mob associates.

“He’s fasting. Since … Sunday, he hasn’t eaten,” said one purported gangster of Merlino in a secretly recorded 2013 conversation — one of hundreds that prosecutors have amassed to play for jurors at trial.

According to a transcript, Merlino’s driver, Brad Sirkin, responded: “But he don’t weigh nothing. He’s fasting since Sunday? … On purpose?”


Running Philly mob in absentia?

The FBI has never been convinced of Merlino’s claims of reform.

Since nearly the day of his 2011 release, a swarm of agents from New York, Florida, and Pennsylvania and wire-wearing ex-mobsters turned informants have trailed his every step to catch anything they might be able to use against him.

They thought they had him in 2014, when a judge in Philadelphia revoked his probation and sent him back to prison for four months for refusing to answer questions about his income and associating with an old mob pal at a Florida cigar bar. But the U.S. Court of Appeals for the Third Circuit overturned that ruling and set Merlino free.

The reason for the continued scrutiny, prosecutors assert, is that Merlino – despite his claims to the contrary – is still running the Philadelphia mob, in absentia.

“Upon [his] conclusion of supervised release … he began working in earnest to rebuild the Philadelphia Crime Family,” prosecutors in New York wrote in court papers in December. “Merlino played a role that was less ostentatious [because] he was wary of getting caught due to the increased scrutiny he knew he faced.”

Merlino may have told his probation officers back then that he was making money working for a marketing and advertising firm, but prosecutors now allege that his checks were backed by laundered funds generated by a $157 million health-care fraud scheme.

The conspirators — all eight of whom have pleaded guilty in a separate case in Florida — paid kickbacks to doctors and pharmacists who knowingly wrote and filled bogus prescriptions for compound pain creams, defrauding insurers that covered the costs at about $500 to $1,000 a tube.

Meanwhile, Merlino allegedly also was taking cuts from an offshore sports bookmaking operation based in Costa Rica. Prosecutors say they have recordings of the Philly don acting as a supervisor for the operation and interceding to settle internal disputes.

But those recordings — made by John Rubeo, the wire-wearing mob associate and cooperator at the center of the case — may give the defense its biggest break at trial.

Two FBI agents were disciplined and removed from the case after an internal investigation showed they had failed to keep all of Rubeo’s text messages while handling him as an informant. They also did not file full investigative reports after all of their meetings with him.

Although prosecutors say the lapse was merely a failure to follow internal protocols, Merlino’s lawyers have signaled in court filings that they intend to argue that any evidence stemming from Rubeo’s cooperation is tainted as a result.

They already have lobbed attacks at the past of other government witnesses, including Bonanno mob capo Peter “Pug” Lovaglio, who flipped sides after he was arrested for smashing a cocktail glass in the face of an ex-NYPD officer at a Staten Island sushi lounge.

As for Merlino, his defense lawyers say, the tapes prove that he’s left such old-school mob street violence behind.

“It’s easy to kill somebody,” he opined to two purported associates in a transcript of a 2014 conversation. “I can tell you, ‘Listen, drive me home right now,’ get in the car and … shoot you in the … head.”

But, Merlino continued: “It’s better when you save a friend. I would never put nobody in harm’s way. And we’re all friends here.”




Published: January 29, 2018 — 5:08 AM EST

[willychichi]

More on the story from Anastasia

http://www.phillyvoice.com/for-skinny-j ... icroscope/

[Ivan]

“If I had done what they did, I’d be indicted.”

classic Joey quote right there

[Fughedaboutit]

“If I had done what they did, I’d be indicted.”

classic Joey quote right there

I am sorry, but I love the guy lmao

He is right though.

Cue the FBI fan boys....

[dack2001]

Prosecutors: Mobster returned to crime after prison stint

By Associated Press January 29 at 5:39 PM

NEW YORK — A notorious mobster from Philadelphia nicknamed Skinny Joey is on trial in New York on charges he returned to his life of crime after his release from prison.

Jury selection was completed Monday in the federal fraud case against Joseph Merlino. Opening statements are expected on Tuesday.

The 55-year-old Merlino has pleaded not guilty to charges he was part of a health care scheme to bill insurers for unnecessary and excessive prescriptions.

Merlino was among nearly four dozen reputed members of an East Coast crime syndicate arrested in a 2016 sweep. Most have pleaded guilty.

Merlino has repeatedly beaten murder charges in past cases but served nearly 12 years in prison for racketeering before being released in 2011. He has claimed he retired from the mob for good.

Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

[Ivan]

“If I had done what they did, I’d be indicted.”

classic Joey quote right there

I am sorry, but I love the guy lmao

He is right though.

Cue the FBI fan boys....

That quote is textbook Joey. Reminds me of "Tell you what, give me the $500,000 bounty on my head, and I'll shoot myself."

[newera_212]

i hope he walks. seems like a bullshit case for a couple different reasons. i just cant get over that rooster guy having to drive down to the city from new haven every other day, what a pain in the ass

[SonnyBlackstein]

https://nypost.com/2018/01/29/reputed-m ... im-eagles/

[gohnjotti]

https://nypost.com/2018/01/29/reputed-m ... im-eagles/

A Philly mob boss accused of illegal gambling — and a slew of other ​charges — offered great odds for his own ​racketeering ​trial Monday, and couldn’t resist throwing in another hot tip for good measure.

“Deadlock win, all the way,” Joseph “Skinny Joey” Merlino, told The Post outside Manhattan federal court after jury selection wrapped up.

“Oh, and bet the Eagles.”

How can you not like this man??

[Rocco]

if he walk they will just keep going after him till they get him like Gotti. and jr Gotti's strategy wont work for him because guys that have left the mob aren't seen recently in nyc hanging with the westside talking about killing guys...

[Stroccos]

if he walk they will just keep going after him till they get him like Gotti. and jr Gotti's strategy wont work for him because guys that have left the mob aren't seen recently in nyc hanging with the westside talking about killing guys...

Well in Merlino case it’s quite obv he’s guilty and he never left the mob
Gotti on the other hand was not on tape and actually did quit

[dack2001]

C'mon Rocco, read the article from the Inquirer. Law enforcement misrepresented the quote.

“It’s easy to kill somebody,” he opined to two purported associates in a transcript of a 2014 conversation. “I can tell you, ‘Listen, drive me home right now,’ get in the car and … shoot you in the … head.”

But, Merlino continued: “It’s better when you save a friend. I would never put nobody in harm’s way. And we’re all friends here.”

The G is coming after Merlino for life no matter whatever defense he raises at this trial.

[moneyman]

Schratwieser on Twitter saying Merlino is getting trial advice from George Borgesi

https://twitter.com/DSchratwieser/statu ... 2621925377

[dack2001]

Openings must not have been overlong. I wonder if this won't be a two week trial. Also looks like the G was denied in getting their late witness.


Reputed Philly Mobster 'Skinny Joey' Merlino Back in Court

Merlino, 55, was among nearly four dozen defendants arrested in a 2016 crackdown on an East Coast crime syndicate that prosecutors say committed crimes including extortion, loan-sharking, gambling and more

By Tom Hays

Published 3 hours ago

A reputed Philadelphia mob boss who reinvented himself as a restaurateur relapsed into a life of crime by orchestrating a health care fraud that made a fortune for an East Coast crime syndicate, a prosecutor said Tuesday in opening arguments at his federal trial.

Joseph "Skinny Joey" Merlino was a tough-talking "fixer" in a widespread scheme to collect insurance payments by bribing doctors to write bogus prescriptions for a pain cream, Assistant U.S. Attorney Max Nicolas told Manhattan jurors.

Merlino "called the shots and he always called them in favor of taking and keeping money," Nicholas said.

The prosecutors said Merlino also sought to collect gambling debts for the syndicate, adding that the jury would hear recordings of him fretting over whether any "rats" and "stool pigeons" were lurking.

In his opening statements, defense attorney Edwin Jacobs said Merlino was framed by cooperating criminals with incentive to lie to save their own skins.

"Joey is accused of a bunch of crimes he didn't commit," Jacobs said.

Merlino, wearing a knit hoodie and gold chain, listened as Jacobs described how, after a stint in prison, his client moved to Florida to "live a normal and new life" with his family and four pet dogs. But he couldn't shake a gambling problem that made him vulnerable to manipulation by wire-wearing mob turncoat named John Rubeo, who gave him tens of thousands of dollars to feed his habit.

"Joey's weakness is gambling," the lawyer said. "He bets frequently and beyond his means."

Merlino, 55, was among nearly four dozen defendants arrested in a 2016 crackdown on the syndicate that prosecutors say committed crimes including extortion, loan-sharking, casino-style gambling, sports gambling, credit card fraud and health care fraud. It operated in New York, Massachusetts, Pennsylvania, Florida and New Jersey.

Most of the defendants pleaded guilty to lesser charges, with Merlino the only one so far to go to trial on conspiracy charges. He's free on $5 million bond.

The government plans to have three cooperators as witnesses, including Rubeo, an associate with the New York-based Genovese crime family. Another witness is a government agent who served a five-day suspension after being accused of mishandling cooperators and investigative reports in the case, a topic the judge ruled the defense could cover in cross-examination.

Merlino once controlled the remnants of a Philadelphia-south Jersey organized crime family that was decimated by a bloody civil war in the 1980s and 1990s. Federal authorities say he was frequently targeted by murder plots after rivals put a $500,000 murder contract on his head.

He became a main suspect in a failed hit on another mob figure on Halloween 1989, but was never charged. He also served time for a $350,000 armored truck heist that same year.


In 2001, a jury acquitted Merlino and six co-defendants of three counts of murder and two counts of attempted murder that could have put him in prison for life. He was convicted of lesser racketeering charges and served 12 years in prison before being released in 2011.

Merlino claimed that he retired from the mob for good by running an upscale Italian restaurant in Boca Raton. The since-closed restaurant was called Merlino's.

In a 2013 interview, he said that life in the Mafia wasn't worth the stress of being double-crossed.


"Too many rats," he said. "I want no part of that."

[Rocco]

C'mon Rocco, read the article from the Inquirer. Law enforcement misrepresented the quote.

“It’s easy to kill somebody,” he opined to two purported associates in a transcript of a 2014 conversation. “I can tell you, ‘Listen, drive me home right now,’ get in the car and … shoot you in the … head.”

But, Merlino continued: “It’s better when you save a friend. I would never put nobody in harm’s way. And we’re all friends here.”

The G is coming after Merlino for life no matter whatever defense he raises at this trial.

He still said it while hanging with the Westside in NY. The fact that he said its better when you save a friend put a band aid on it or something? What is your point?