Mob Talk Sitdown 23

[Angelo Santino]

1) Is there a source that confirms Merlino automatically became Official Boss upon Natale's defection? (If so then Vinny Gorgeous certainly got shrecked.)?

I've seen Licata refer to Ligambi as 1) Acting Boss and B) that he'd hold off on 3 guys until Merlino came home.
https://www.nbcphiladelphia.com/news/lo ... 11301.html

Is it possible that things were in a flux? Perhaps not so clear cookie cutter Boss and Acting Boss?... I'm reminded of two examples: late 1970's Detroit and Colombos: both had a similar dynamic in that there were Senior members (Priziola and DiBella) in Boss positions that were on the interim, not meant to be permanent, alongside two "boy wonder" bosses-in-waiting (Tocco and Persico). Tocco didn't automatically become acting or official boss upon Tony Zerilli's incarceration, it was put off until after Priziola's death as a sign of respect; DiBella outranked Persico yet it seems there was an understanding that Junior was going to become boss.

[Pogo The Clown]

1) Is there a source that confirms Merlino automatically became Official Boss upon Natale's defection? (If so then Vinny Gorgeous certainly got shrecked.)?

Wasn't he named Official Boss in the 2000 indictment? Don't remember if he was specifically named as such. I think these things just broke down in the post Scarfo era. Remember Stanfa never actually stepped down or was removed by NY or a vote by the members. Natale and Merlino just named themselves the new leaders. Likely the same thing happened after Natale flipped.


Pogo

[Angelo Santino]

1) Is there a source that confirms Merlino automatically became Official Boss upon Natale's defection? (If so then Vinny Gorgeous certainly got shrecked.)?

Wasn't he named Official Boss in the 2000 indictment? Don't remember if he was specifically named as such. I think these things just broke down in the post Scarfo era. Remember Stanfa never actually stepped down or was removed by NY or a vote by the members. Natale and Merlino just named themselves the new leaders. Likely the same thing happened after Natale flipped.


Pogo

I'm not sure, I'd be curious if he was named as that. I'm trying to go through the Licata stuff, the bits and pieces that I found don't label Merlino anything although it seems pretty evident that he's looming above everyone. Can anyone post a link?

I fully agree there was a break down, I'm just wondering if it lasted longer than we may think. Given Merlino's adamant claims that he went straight (in personal settings) as well as what I heard regarding his book/movie interests, I'm not 100% certain that it was a "The Boss is coming home" scenario that it appears to have been. It's a given he was and is at the top, no argument, but maybe it was closer to a Tony Blundetto situation than it looks, "looking for straight work." Now ok, he's spotted meeting in the open with LCN members in NYC and Philadelphia and Florida, just like when he was seen with Danny Provenzano and Fratto when he was feeling out the entertainment industry. This leads me to believe that he stays in his own circles and rather than contact anybody meaningful in Hollywood he reaches out to fucking Fratto which was a sure bet to fail, but he's 'somebody' known in that world. Arguably Merlino would follow that same operandi by dealing in his own circle in almost any endeavor. What's he going to do, turn his back on every single connection he's had in his life? For somebody who went from armed robbery and murder to investing in ventures which turned out to be fraudulent might in his mind seem legitimate. Wiseguys have a different take on what being legitimate means than regular people.

I could envision a scenario where Ligambi is acting on the interim with no sights set on anything official. Where does this leave Merlino? I think it's possible it might have a been a "Let's see where we're at when Joey comes home." Meaning if he wanted to be boss he could or if he wanted to step back he could as well, but Ligambi was pretty much done. We won't know until something comes out much later on. But you've been around longer than I have, you remember all the claims and BS through the 2000's, both on and off the forums. From Ligambi being acting to him taking over in 2002, from the online "in the know" guys stating how pleased NY was with Ligambi and that they don't want Merlino but if he wants he can have a capo position, all that shit. A shirtless photo of Merlino emerged and Schratweiser did a whole episode about Merlino potentially buffing up for war. When you take a step away from it and try and look at what's from a confirmed source, it's all very ambiguous. I could see Ligambi planning on stepping back once Merlino got home, that there would be a meeting and things would get reshuffled. Maybe Merlino didn't want to fall back into the Boss slot, no one's going to tell him what to do, he could have taken a 21th century Accardo approach. Maybe when he id'd Lance he was being honest. Or maybe he was "talking to throw off the feds." People opt for that and while I don't know if there wrong, if you look at previous examples of wiretaps they aren't that smart or wily. Anthony ironically nicknamed The Genius was recorded saying "I'm the underboss now, I'm over everybody." You'd expect them to be more cautious. If Merlino is stupid enough to say "It's easy to kill a guy" why would he be smart enough to throw off the feds in an attempt by labeling his top guy in Philly the boss and not acting?

Before it came out in 2004 that Galante was never the boss, I had an FBI document stating as much that I obtained years prior. But everyone knew Galante was the boss, to think otherwise was ludicrous. Everyone in the western hemisphere from Fratianno to Pistone ID'd him as such. I learned from that fail.

I'm not saying anybody's claim or that the general consensus on Merlino is wrong, to the contrary it might be correct. But I'm going to remain cautious until more information comes out. And how long can that take? They're all on fucking Instagram.

[SonnyBlackstein]

I fuckin love your post’s Guvnor.

[Wiseguy]

1) Is there a source that confirms Merlino automatically became Official Boss upon Natale's defection? (If so then Vinny Gorgeous certainly got shrecked.)?

Wasn't he named Official Boss in the 2000 indictment? Don't remember if he was specifically named as such. I think these things just broke down in the post Scarfo era. Remember Stanfa never actually stepped down or was removed by NY or a vote by the members. Natale and Merlino just named themselves the new leaders. Likely the same thing happened after Natale flipped.


Pogo

Looks like he was acting boss at that point -

The indictment described defendant Merlino as having risen through the ranks to be Acting Boss, defendant Mazzone to be Acting Underboss, and defendant Borgesi to be Acting Consigliere.

https://law.justia.com/cases/federal/ap ... 44/636851/


However, I recall that he was later confirmed to be official boss by law enforcement several years ago.

[Fughedaboutit]

1) Is there a source that confirms Merlino automatically became Official Boss upon Natale's defection? (If so then Vinny Gorgeous certainly got shrecked.)?

Wasn't he named Official Boss in the 2000 indictment? Don't remember if he was specifically named as such. I think these things just broke down in the post Scarfo era. Remember Stanfa never actually stepped down or was removed by NY or a vote by the members. Natale and Merlino just named themselves the new leaders. Likely the same thing happened after Natale flipped.


Pogo

I'm not sure, I'd be curious if he was named as that. I'm trying to go through the Licata stuff, the bits and pieces that I found don't label Merlino anything although it seems pretty evident that he's looming above everyone. Can anyone post a link?

I fully agree there was a break down, I'm just wondering if it lasted longer than we may think. Given Merlino's adamant claims that he went straight (in personal settings) as well as what I heard regarding his book/movie interests, I'm not 100% certain that it was a "The Boss is coming home" scenario that it appears to have been. It's a given he was and is at the top, no argument, but maybe it was closer to a Tony Blundetto situation than it looks, "looking for straight work." Now ok, he's spotted meeting in the open with LCN members in NYC and Philadelphia and Florida, just like when he was seen with Danny Provenzano and Fratto when he was feeling out the entertainment industry. This leads me to believe that he stays in his own circles and rather than contact anybody meaningful in Hollywood he reaches out to fucking Fratto which was a sure bet to fail, but he's 'somebody' known in that world. Arguably Merlino would follow that same operandi by dealing in his own circle in almost any endeavor. What's he going to do, turn his back on every single connection he's had in his life? For somebody who went from armed robbery and murder to investing in ventures which turned out to be fraudulent might in his mind seem legitimate. Wiseguys have a different take on what being legitimate means than regular people.

I could envision a scenario where Ligambi is acting on the interim with no sights set on anything official. Where does this leave Merlino? I think it's possible it might have a been a "Let's see where we're at when Joey comes home." Meaning if he wanted to be boss he could or if he wanted to step back he could as well, but Ligambi was pretty much done. We won't know until something comes out much later on. But you've been around longer than I have, you remember all the claims and BS through the 2000's, both on and off the forums. From Ligambi being acting to him taking over in 2002, from the online "in the know" guys stating how pleased NY was with Ligambi and that they don't want Merlino but if he wants he can have a capo position, all that shit. A shirtless photo of Merlino emerged and Schratweiser did a whole episode about Merlino potentially buffing up for war. When you take a step away from it and try and look at what's from a confirmed source, it's all very ambiguous. I could see Ligambi planning on stepping back once Merlino got home, that there would be a meeting and things would get reshuffled. Maybe Merlino didn't want to fall back into the Boss slot, no one's going to tell him what to do, he could have taken a 21th century Accardo approach. Maybe when he id'd Lance he was being honest. Or maybe he was "talking to throw off the feds." People opt for that and while I don't know if there wrong, if you look at previous examples of wiretaps they aren't that smart or wily. Anthony ironically nicknamed The Genius was recorded saying "I'm the underboss now, I'm over everybody." You'd expect them to be more cautious. If Merlino is stupid enough to say "It's easy to kill a guy" why would he be smart enough to throw off the feds in an attempt by labeling his top guy in Philly the boss and not acting?

Before it came out in 2004 that Galante was never the boss, I had an FBI document stating as much that I obtained years prior. But everyone knew Galante was the boss, to think otherwise was ludicrous. Everyone in the western hemisphere from Fratianno to Pistone ID'd him as such. I learned from that fail.

I'm not saying anybody's claim or that the general consensus on Merlino is wrong, to the contrary it might be correct. But I'm going to remain cautious until more information comes out. And how long can that take? They're all on fucking Instagram.

LMAO no way a shirtless photo came out of Merlino and Mayo said he was buffing up for war. What the fuck is this fight club? A war these guys shoot not meet up behind the playground. WOW

[Stroccos]

1) Is there a source that confirms Merlino automatically became Official Boss upon Natale's defection? (If so then Vinny Gorgeous certainly got shrecked.)?

Wasn't he named Official Boss in the 2000 indictment? Don't remember if he was specifically named as such. I think these things just broke down in the post Scarfo era. Remember Stanfa never actually stepped down or was removed by NY or a vote by the members. Natale and Merlino just named themselves the new leaders. Likely the same thing happened after Natale flipped.


Pogo

I'm not sure, I'd be curious if he was named as that. I'm trying to go through the Licata stuff, the bits and pieces that I found don't label Merlino anything although it seems pretty evident that he's looming above everyone. Can anyone post a link?

here is a snipet of scoops licata talking about Ligambi is the acting boss , and Merlino

LICATA explained that Joey Merlino is calling shots from prison by telling LIGAMBI to “make” certain people. According to LICATA, LIGAMBI will only “make” guys he knows well, and will let Merlino “make” the guys he wants when he comes home from prison. LICATA also stated that the leadership in Philadelphia has asked him if he wants to propose any new members. LICATA stated that, while he is not ready to do it now, he will propose new members in near future. LICATA added that he will propose reliable guys who will earn money for him and not give him headaches. LICATA discussed how he does not want to face another criminal prosecution where his guys cooperate with law enforcement.


At the beginning of the meeting, the CW introduced JG as a caporegime with the administration of the Gambino LCN Family. LICATA then introduced LIGAMBI to the group as the acting boss of the Philadelphia LCN Family. LICATA introduced STAINO as a “caporegime.” The CW also introduced FAZZINI to JG.

[Angelo Santino]

I seen that, and it's not the primary source, it's someone's interpretation of the source. I'd like to see read the original wiretaps... On the surface it sounds right, Ligambi is acting, his decisions are somehow influenced by Merlino, so it makes sense that Merlino has been the boss all along. Yet there's no "Joey's at the top, it's always been Joey" line. The fact that Licata and Stano's definitive ranks were mentioned as well as Fazzini's but not Merlinos. Like I said what's implied supports the general consensus here.

But I'm not alone in this, even in the Mob Talk videos, GA seems hesitant to fully label him The Boss. "Yeah, most people would say he's the boss and from a law enforcement perspective that's how they got it set up." Zoom into the 2 minute mark and they discuss Merlino referencing Lancellotti as 'The Boss of Philadelphia."
https://www.youtube.com/watch?v=qt8GcejliOk

Couldn't someone just email GA? Ask him what he thinks personally regarding Merlino's status as well as his thoughts on the book Merlino was floating upon his release, GA was aware of it and its how I found out about it. One thing GA doesn't openly state is just how much accessibility he has to Merlino and several others. GA and Merlino spoke while he was incarcerated and that relationship probably continued after his release. One thing I notice is that GA shrugs alot when Schratweisrer tries to fit something in a catagory: "So George, the feds are saying and alot of people are saying ___" and GA just shrugs and says: "yeah some people are saying that but you know _____." There's a reason for that, I don't think he- given what hears but doesn't report on- is solidly convinced. I don't think he has enough to put up an argument either, he and I are kinda in the same boat in exercising caution except he has their cell phones and they take his calls. I'm just an asshole on a forum.

[Stroccos]

I seen that, and it's not the primary source, it's someone's interpretation of the source. I'd like to see read the original wiretaps... On the surface it sounds right, Ligambi is acting, his decisions are somehow influenced by Merlino, so it makes sense that Merlino has been the boss all along. Yet there's no "Joey's at the top, it's always been Joey" line. The fact that Licata and Stano's definitive ranks were mentioned as well as Fazzini's but not Merlinos. Like I said what's implied supports the general consensus here.

But I'm not alone in this, even in the Mob Talk videos, GA seems hesitant to fully label him The Boss. "Yeah, most people would say he's the boss and from a law enforcement perspective that's how they got it set up." Zoom into the 2 minute mark and they discuss Merlino referencing Lancellotti as 'The Boss of Philadelphia."
https://www.youtube.com/watch?v=qt8GcejliOk

Couldn't someone just email GA? Ask him what he thinks personally regarding Merlino's status as well as his thoughts on the book Merlino was floating upon his release, GA was aware of it and its how I found out about it. One thing GA doesn't openly state is just how much accessibility he has to Merlino and several others. GA and Merlino spoke while he was incarcerated and that relationship probably continued after his release. One thing I notice is that GA shrugs alot when Schratweisrer tries to fit something in a catagory: "So George, the feds are saying and alot of people are saying ___" and GA just shrugs and says: "yeah some people are saying that but you know _____." There's a reason for that, I don't think he- given what hears but doesn't report on- is solidly convinced. I don't think he has enough to put up an argument either, he and I are kinda in the same boat in exercising caution except he has their cell phones and they take his calls. I'm just an asshole on a forum.

Allot of what They talk about in mob talk comes right from the government , I also recall them not mentioning perisano name when it was pretty clear he was a rat ,
That’s from the fbi ,I copied and pasted from the partial transcripts I had ,

[Fughedaboutit]

I seen that, and it's not the primary source, it's someone's interpretation of the source. I'd like to see read the original wiretaps... On the surface it sounds right, Ligambi is acting, his decisions are somehow influenced by Merlino, so it makes sense that Merlino has been the boss all along. Yet there's no "Joey's at the top, it's always been Joey" line. The fact that Licata and Stano's definitive ranks were mentioned as well as Fazzini's but not Merlinos. Like I said what's implied supports the general consensus here.

But I'm not alone in this, even in the Mob Talk videos, GA seems hesitant to fully label him The Boss. "Yeah, most people would say he's the boss and from a law enforcement perspective that's how they got it set up." Zoom into the 2 minute mark and they discuss Merlino referencing Lancellotti as 'The Boss of Philadelphia."
https://www.youtube.com/watch?v=qt8GcejliOk

Couldn't someone just email GA? Ask him what he thinks personally regarding Merlino's status as well as his thoughts on the book Merlino was floating upon his release, GA was aware of it and its how I found out about it. One thing GA doesn't openly state is just how much accessibility he has to Merlino and several others. GA and Merlino spoke while he was incarcerated and that relationship probably continued after his release. One thing I notice is that GA shrugs alot when Schratweisrer tries to fit something in a catagory: "So George, the feds are saying and alot of people are saying ___" and GA just shrugs and says: "yeah some people are saying that but you know _____." There's a reason for that, I don't think he- given what hears but doesn't report on- is solidly convinced. I don't think he has enough to put up an argument either, he and I are kinda in the same boat in exercising caution except he has their cell phones and they take his calls. I'm just an asshole on a forum.

The only reference I recall in regard to Lancelotti is on the tapes made at the party in NY he referred to Lance as "his guy in Philly" not, "this is the boss of Philly". Probably phrased it wrong, that has to be what he is referencing as it is the only time that has come out that I can recall.

[Angelo Santino]

I seen that, and it's not the primary source, it's someone's interpretation of the source. I'd like to see read the original wiretaps... On the surface it sounds right, Ligambi is acting, his decisions are somehow influenced by Merlino, so it makes sense that Merlino has been the boss all along. Yet there's no "Joey's at the top, it's always been Joey" line. The fact that Licata and Stano's definitive ranks were mentioned as well as Fazzini's but not Merlinos. Like I said what's implied supports the general consensus here.

But I'm not alone in this, even in the Mob Talk videos, GA seems hesitant to fully label him The Boss. "Yeah, most people would say he's the boss and from a law enforcement perspective that's how they got it set up." Zoom into the 2 minute mark and they discuss Merlino referencing Lancellotti as 'The Boss of Philadelphia."
https://www.youtube.com/watch?v=qt8GcejliOk

Couldn't someone just email GA? Ask him what he thinks personally regarding Merlino's status as well as his thoughts on the book Merlino was floating upon his release, GA was aware of it and its how I found out about it. One thing GA doesn't openly state is just how much accessibility he has to Merlino and several others. GA and Merlino spoke while he was incarcerated and that relationship probably continued after his release. One thing I notice is that GA shrugs alot when Schratweisrer tries to fit something in a catagory: "So George, the feds are saying and alot of people are saying ___" and GA just shrugs and says: "yeah some people are saying that but you know _____." There's a reason for that, I don't think he- given what hears but doesn't report on- is solidly convinced. I don't think he has enough to put up an argument either, he and I are kinda in the same boat in exercising caution except he has their cell phones and they take his calls. I'm just an asshole on a forum.

The only reference I recall in regard to Lancelotti is on the tapes made at the party in NY he referred to Lance as "his guy in Philly" not, "this is the boss of Philly". Probably phrased it wrong, that has to be what he is referencing as it is the only time that has come out that I can recall.

From what I've read Merlino referred to Lancelotti as "the boss of Philly" almost as if it's a direct quote. If that is incorrect and the actual term used was "guy" and not "boss," that changes the perspective slightly. Obviously "boss" and "guy" imply definitive authority but they can be used in many contexts. Using the term "boss" in an LCN setting would carry greater ramifications. Can anybody clear this up with links/sources?

Thanks for bringing this to my attention.

[SILENT PARTNERZ]

The terminology used to label his position aside, Joey Merlino has been the boss approximately since Stanfa went away.
All his guys answer to him. Natale was a lightning rod.

[Angelo Santino]

here is a snipet of scoops licata talking about Ligambi is the acting boss , and Merlino

LICATA explained that Joey Merlino is calling shots from prison by telling LIGAMBI to “make” certain people. According to LICATA, LIGAMBI will only “make” guys he knows well, and will let Merlino “make” the guys he wants when he comes home from prison. LICATA also stated that the leadership in Philadelphia has asked him if he wants to propose any new members. LICATA stated that, while he is not ready to do it now, he will propose new members in near future. LICATA added that he will propose reliable guys who will earn money for him and not give him headaches. LICATA discussed how he does not want to face another criminal prosecution where his guys cooperate with law enforcement.


At the beginning of the meeting, the CW introduced JG as a caporegime with the administration of the Gambino LCN Family. LICATA then introduced LIGAMBI to the group as the acting boss of the Philadelphia LCN Family. LICATA introduced STAINO as a “caporegime.” The CW also introduced FAZZINI to JG.

http://www.philly.com/philly/hp/news_up ... 02935.html

“Licata explained that Merlino is calling the shots from jail,” the memo reads in part.

I want to see a direct source, dialogue. I don't believe one exists and in fact wonder if Merlino's alleged shot-caller status derives entirely from the Jersey meeting. And if so, there's no smoking gun. No "Uncle Joe calls the shots but the main guy is Joey" or "Uncle Joe is our acting boss while Thin Joey is away." Had that been uttered it would have been plastered all over the news rather than the focus being on the confirmation of Staino and Licata's confirmed capo status in the indictment.

Ligambi, 72, is described throughout the document as the “acting boss” of the Philadelphia crime family, a designation to underscore Merlino’s status as the recognized leader of the organization.

I'd agree with that. The fact that they connect Joe with that terminology in the indictment reinforces their confidence in making that case. I just wonder if even Merlino even knew what he was going to be doing when he got out, meanwhile Uncle Joe was using that date as an exit point. That's probably what made Ligambi an effective Boss. Phila's history is filled with failed and successful coups against bosses, Ligambi didn't appear to harbor those ambitions which possible trickled down and made him more bearable. In video surveillance he's always getting kissed.

Back to the indictment Merlino wasn't charged and convicted of being a mob boss. Had a quote like I concocted above existed the FBI would have been all hands on deck. Instead, it was gambling and (not even) pharmaceuticals.
http://www2.philly.com/philly/news/crim ... 81017.html

Manhattan-based prosecutors accused Merlino and 45 other alleged mobsters of operating illegal gambling rings and bribing ( ) doctors to write unnecessary prescriptions for topical skin creams, among other alleged schemes.

Nearly every defendant pleaded guilty before trial, but Merlino opted to take his case before a jury — even though he faced a lengthy potential prison term if convicted. Earlier this year, Sullivan declared a mistrial after jurors reported being hopelessly deadlocked.

Just two months later, in a surprising twist, Merlino decided to plead guilty to a single gambling count instead of facing a retrial. It was the first time the brash mobster had admitted to criminal conduct in court.

When the FBI made it's deal, it wouldn't have omitted the pharmaceutical and LCN leadership legs for a single count gambling charge, if a case existed on all three, gambling would be the only leg omitted in a plea. They have a pretty good conviction rate, especially in NYC. I believe that if they felt they could make those cases they would have. The only damning evidence at this point is Licata speaking openly in front (or to) an associate about the Family's inner circle. But it's important to bare in mind that Licata's in Newark which traditionally operated at a distance from its Phila counterpart. They have a less than pristine track record of being up to date with Philly proper as they're closer in proximity to NY. Back in 1990, according to Fresolone, there was a rumor in Newark that Phila. was going to be split up between the 5 Families and they sent a feeler to Tony Buck in Philly to ask if that was accurate. Not saying he was wrong, just something to take into account.

[Stroccos]

here is a snipet of scoops licata talking about Ligambi is the acting boss , and Merlino

LICATA explained that Joey Merlino is calling shots from prison by telling LIGAMBI to “make” certain people. According to LICATA, LIGAMBI will only “make” guys he knows well, and will let Merlino “make” the guys he wants when he comes home from prison. LICATA also stated that the leadership in Philadelphia has asked him if he wants to propose any new members. LICATA stated that, while he is not ready to do it now, he will propose new members in near future. LICATA added that he will propose reliable guys who will earn money for him and not give him headaches. LICATA discussed how he does not want to face another criminal prosecution where his guys cooperate with law enforcement.


At the beginning of the meeting, the CW introduced JG as a caporegime with the administration of the Gambino LCN Family. LICATA then introduced LIGAMBI to the group as the acting boss of the Philadelphia LCN Family. LICATA introduced STAINO as a “caporegime.” The CW also introduced FAZZINI to JG.

http://www.philly.com/philly/hp/news_up ... 02935.html

“Licata explained that Merlino is calling the shots from jail,” the memo reads in part.

I want to see a direct source, dialogue. I don't believe one exists and in fact wonder if Merlino's alleged shot-caller status derives entirely from the Jersey meeting. And if so, there's no smoking gun. No "Uncle Joe calls the shots but the main guy is Joey" or "Uncle Joe is our acting boss while Thin Joey is away." Had that been uttered it would have been plastered all over the news rather than the focus being on the confirmation of Staino and Licata's confirmed capo status in the indictment.

Ligambi, 72, is described throughout the document as the “acting boss” of the Philadelphia crime family, a designation to underscore Merlino’s status as the recognized leader of the organization.

I'd agree with that. The fact that they connect Joe with that terminology in the indictment reinforces their confidence in making that case. I just wonder if even Merlino even knew what he was going to be doing when he got out, meanwhile Uncle Joe was using that date as an exit point. That's probably what made Ligambi an effective Boss. Phila's history is filled with failed and successful coups against bosses, Ligambi didn't appear to harbor those ambitions which possible trickled down and made him more bearable. In video surveillance he's always getting kissed.

Back to the indictment Merlino wasn't charged and convicted of being a mob boss. Had a quote like I concocted above existed the FBI would have been all hands on deck. Instead, it was gambling and (not even) pharmaceuticals.
http://www2.philly.com/philly/news/crim ... 81017.html

Manhattan-based prosecutors accused Merlino and 45 other alleged mobsters of operating illegal gambling rings and bribing ( ) doctors to write unnecessary prescriptions for topical skin creams, among other alleged schemes.

Nearly every defendant pleaded guilty before trial, but Merlino opted to take his case before a jury — even though he faced a lengthy potential prison term if convicted. Earlier this year, Sullivan declared a mistrial after jurors reported being hopelessly deadlocked.

Just two months later, in a surprising twist, Merlino decided to plead guilty to a single gambling count instead of facing a retrial. It was the first time the brash mobster had admitted to criminal conduct in court.

When the FBI made it's deal, it wouldn't have omitted the pharmaceutical and LCN leadership legs for a single count gambling charge, if a case existed on all three, gambling would be the only leg omitted in a plea. They have a pretty good conviction rate, especially in NYC. I believe that if they felt they could make those cases they would have. The only damning evidence at this point is Licata speaking openly in front (or to) an associate about the Family's inner circle. But it's important to bare in mind that Licata's in Newark which traditionally operated at a distance from its Phila counterpart. They have a less than pristine track record of being up to date with Philly proper as they're closer in proximity to NY. Back in 1990, according to Fresolone, there was a rumor in Newark that Phila. was going to be split up between the 5 Families and they sent a feeler to Tony Buck in Philly to ask if that was accurate. Not saying he was wrong, just something to take into account.

Government didn't want to go to trail again ,
copied from docs
In his canvass of the evidence presented at trial, Merlino omits the recording in which he told Rubeo, “I says, and then try to get, maybe get the doctors, whatever the guy, his piece and they can start by writing, they ain’t write in a while” (GX 262B) – a clear reference to paying doctors (“get the doctors . . . his piece”) to incentivize them to write prescriptions for the pain cream (“they can start by writing”). He omits many other pieces of evidence as well, including his acknowledgment to Rubeo that the supposed patients who were going to doctors’ offices to get pain cream prescriptions were “your friends” (Merlino’s words) and “not legitimate” (Rubeo’s words) (GX 121B; Tr. at 657); his statement to Rubeo, “You want [Camacho] to be able to deal directly with Brad [Sirkin] . . . that’s no problem. Done.” (GX 275B; Tr. at 610-11), an example of Merlino agreeing to facilitate direct dealings between Camacho and Brad Sirkin for purposes of effectuating the healthcare fraud; his statement to Rubeo, “I want to get paid” (GX 121B) which Rubeo explained was a reference to obtaining a share of the commission checks for pain cream prescriptions (Tr. at 654-55); his advising Rubeo to provide Sirkin with “the four other doctors” (GX 121E), which Rubeo explained was a reference to doctors Rubeo had told Merlino that he had found to write scripts for the pain cream (Tr. at 663); and his asking Rubeo to give him something every month, to which Rubeo responded “he’s coming Friday,” meaning that Camacho was coming to Florida to receive a commission check, part of which would be given to Merlino (Tr. at 624). Merlino also omits reference to the recording of Donny Petullo Jr. stating that “Joey gets 4 [percent]” when discussing who will earn money from commissions for pain cream prescriptions (GX 276A) and to his complaint to Rubeo upon receiving a check from him and being told that the amount would have been more but for the percentage that had to go to the doctor, “Fuck the doctors, they’re doctors. They’re rich” (GX 147A), an acknowledgment that he understood that doctors were being paid to write pain cream prescriptions. Based on these pieces of evidence and on the balance of the evidence that was presented at trial, the Government believes that Merlino’s contention that he was not involved in the healthcare fraud conspiracy should be rejected.

The statutory maximum sentence that can be imposed on Merlino is 24 months’ imprisonment, and in this case that is the appropriate sentence. Merlino argues that his involvement in the healthcare fraud conspiracy should not be considered for purposes of sentencing because it has “absolutely nothing to do with the gambling count to which Merlino pled,” citing Section 1B1.3 of the Sentencing Guidelines. (Def. Mem. at 9.) This argument is inapposite, as the Government is not advocating for a higher Sentencing Guidelines range based on relevant conduct as defined in Section 1B1.3. Indeed, the Guidelines range here is stipulated to in a plea agreement, and is based solely on the count of conviction and Merlino’s criminal history. However, Merlino’s participation in a healthcare fraud conspiracy is plainly appropriate for the Court to consider in fashioning a sentence for Merlino that is sufficient but not greater than necessary to accomplish the purposes set forth in Title 18, United States Code, Section 3553(a)(2). See, e.g., United States v. Concepcion, 983 F.2d 369, 387-88 (2d Cir. 1992) (“[T]he sentencing court could take into account any information know to it . . . [including] information that the defendant had engaged in conduct that was the subject of an acquittal.”) His participation in a healthcare fraud conspiracy bears on the history and characteristics of the defendant, see 18 U.S.C. § 3553(a)(1), and it also forms a part of the circumstances of the offense of conviction, see id. Merlino was engaging in the interstate transmission of wagering information not in isolation, but in the context of other criminal conduct. His simultaneous participation in various forms of criminal conduct suggests an opportunism in finding unlawful means of making money, and also speaks to the length of sentence that is needed to deter Merlino from future criminal conduct and to protect the public from additional crimes by Merlino. See § 3553(a)(2)(B) & (C). Merlino’s involvement in multiple types of criminal activity at the same time also speaks to the length of sentence that is necessary in order to promote respect for the law. See § 3553(a)(2)(A). The healthcare fraud conduct that was proven at trial should be considered in fashioning the appropriate sentence for Merlino.

[Wiseguy]

I've lost track if the question is whether Merlino was ever official boss or just if he still is but this is from the 2016 press release -

At one point, with PARRELLO’S approval, CW-1 began working under JOSEPH MERLINO, a/k/a “Joey,” believed to be the Boss of the Philadelphia Crime Family, who resided in southern Florida for part of the year.
https://www.justice.gov/usao-sdny/pr/ma ... ized-crime