"SKINNY" JOEY MERLINO SETENCING TODAY AT 430

For all the Government's claims over the years about "Skinny" Joey Merlino, today is a day for the record books.  I say that because Joey has never ever accepted a plea in any situation.  That's not to say the governments case was overwhelming.  That's the one thing that many onlookers don't seem to be able to digest, or digest  correctly.

Doesn't matter what side of the aisle your on.  You can be in favor of punishment or a walk in the park, it really doesn't matter.  Facts are facts, and in this case, the government couldn't win the big one against the insane allegations against Joey Merlino.

I've stated before, I was at the trial, and I witnessed for myself the audacity of charges against a guy the media loves, and against a guy who WAS NOT involved in any fraud.  Many have pointed fingers at me saying I am biased, and perhaps I am, but I wouldn't have been able to bullshit my way through a chemical plant with a lighter in my hand if the evidence in the case presented showed overwhelming evidence.  The fact is, or the lack of them is exactly why there was a mistrial to begin with.

I watched mob puke JR Rubeo lie, and repeatedly get caught lying.  In many statements made by Rubeo to begin with, he made it perfectly clear, the majority of the time, that he had a personal vendetta against Joey Merlino.  Perhaps, and I will paraphrase here, the the most glowing obvious case to back up what I'm saying is a few little tidbits that reporters and newspapers never bothered to mention.

Rubeo firstly, told his FBI handler, that Joey "kept refuting that he would entertain any illegal schemes."  Joey just wasn't interested.  Joey also on tapes explained that he just wanted to be left alone, and work in a restaurant.   He had no desire to get involved with any nonsense Rubeo was selling.  In the call between Rubeo and his handler, the handler hung up on Rubeo because the handler knew that what Rubeo was saying cleared Merlino of charges.  But how did we get there?

Rubeo was actually working for Patsy Parello. He was Patsy's guy.  He was warned to stay away from Merlino.  Then Rubeo gets caught moving drugs behind Parello's back.  In return for his services, the FBI asked him to try and get close to Merlino, which he was never able to do.  The FBI wanted Merlino at all cost. 

On the stand Rubeo was questioned about the oversight of the FBI.  They didn't have a blanket draped over him like most FBI stoolies. He pretty much was under his own direction, and for 95% of his time working for them, he was unchecked.  It's absurd.  Portions of audio were deleted, misplaced, and somehow lost.   His excuse was that he had pornography on his phone which is why it's content were wiped.   The entirety of Rubeo's testimony was laughable and tepid.  A ten year old could have done a better job selling the big fish story.


In another taped call, from I believed jail, Rubeo was trying to get George Anastasia to write his book, he wanted this "cocksucker to get 40 years."  That "cocksucker?"  Joey Merlino.  Yet when asked if he liked Merlino, he said I don't have an opinion anymore.  Really?  One minute he's a cocksucker, and you want him to do life, and now you have no opinion?    The fraud charges, were a joke, and nothing put Joey Merlino involved in that.  Not a check, not a penny, not a promissory note. 

Ask yourself a few things here.  If Joey was deeply rooted in medical cream and fraud, why not use doctors in Philadelphia?  Why not use a ton of them?  Why settle for pennies on the dollar when you can rob the fucking vault?   Why was not a single doctor in this arrested, stripped of a medical license or censured?  Even in small cases where prescription fraud is used all the doctors involved get locked up.  Not a single one in this case?  Why didn't any of them testify on behalf of Rubeo?  Why didn't a single one of them back up Rubeo's claims about Joey?  It's easy, because it was a total lie. FABRICATED.

Ask yourself why the Government didn't want to proceed.  They wanted Joey so badly, but tossed in the towel.  Why?  The move stunned and inflamed Judge Sullivan.  The Government had stated they had a voluminous amount of evidence.  Open and shut case.  Why quit?  It's simple.  The Government knew,  they had nothing but maybe gambling charges, which were a stretch.  Judge Sullivan admonished them openly about the decision to spend a ton of money and time just to take their bats and walk off the field after losing. 

Ask yourself why the FBI was slammed with atrocious acts of illegality.  Ask yourself why a supervisory agent was redirected because of his behavior, or why another agent was in trouble. At best, you can't ignore those facts. That's what brings us to today.

Joey accepted a plea deal.  Regardless of your stance against deals, it was the best decision for all involved.  Gambling is a joke charge, and with the legalization of gambling spreading across the nation who are we kidding here?  Was anyone hurt, slapped, or punched in regards to this gambling charge?  No.  Joey collected his $2,500 which he admitted to in open court.  Hardly a "score," like the Government would like you to believe.   86% of the defendants in this alleged "East Coast LCN" case received house arrest for  the same charges.

What's Joey looking at?  On the high end of the scale, 24 months.  The division of probation and parole asked for 10 months.  The Government wants 24 months.  Judge Sullivan has the ability to do what he wants here.  He can take into account Joey's prior charges, allegations and even acquittals.  I'm not an attorney, but in speaking to several attorneys about this the last few days, they all said "the FATICO rule is a fucking joke.  It should be unlawful for the Government to be able to use allegations and acquittals against anyone, but that's the fucking Government for you. It's a joke."  State court they can't really facilitate that nonsense, but federal can do what they want.

Judge Sullivan will use a sliding scale based on the totality of everything.  Joey has asked for house arrest, or an even split with some time plus house arrest, or under certain guises time served considering there is four months that has not been accounted to his credit.  There are a lot of variations here, and I honestly don't know where this will end.  What I do think is objectionable is the nonsense that allegations and past acquittals are considered "facts," when they aren't.  But who am I?

In the end, what I've learned from this experience, is that the Government has a blank check to do what they want.  They can use allegations as proofs, lies as truths, be accused and found guilty of misconduct but nobody seems to stand up and take notice.  This case is about Joey Merlino, but there is a bigger pink elephant in the room here, one I never expected to be exposed, and that's the weighted scale the Government has when taking someone on trial.  Whether it's Joey, or anyone else, I just cannot believe the egregious shit I have seen. 

For Joey, In my opinion, he should just walk.  It's time to go home.  Nobody can explain to me on any level how gambling is a crime.  The only victim in gambling is the gambler.  If the issue is taxation on gambling charges, let me know, I'll pay his fucking taxes on it.  That's really what this is about, the Government wanted it's pound of flesh, and they will do a lot of things to ensure they get it.  If there is any justice, Joey should be given the same sentence as the 86% percent of defendants in this case who got a fresh slap and a few finger pointing gestures.

We shall see.