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Re: Plea deal in Merlino case [Re: Louiebynochi] #938106
04/24/18 08:24 PM
04/24/18 08:24 PM
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Ravens410 Offline
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Originally Posted by Louiebynochi
Feds let Joey plead to house arrest ,cause they can use the guilty plea as a Rico predicate. Means the feds just need one more proven rico predicate to convict him of racketeering. Also beleive they want him out on the street because guys are wearing wires.


Where are you getting your info from? Not doubting you but I don’t see Joey taking a plea knowing they can use it as Rico predicate

Re: Plea deal in Merlino case [Re: Beenaround] #938108
04/24/18 09:18 PM
04/24/18 09:18 PM
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Joey is screwed, they have wanted him for 20 years, they'll get him one way or another. They didn't let him plead so they could go lick their wounds, this seems well planned.


"In onore della Famiglia la Famiglia e' aperta"
Re: Plea deal in Merlino case [Re: Beenaround] #938112
04/24/18 10:27 PM
04/24/18 10:27 PM
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Biggie Offline
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As guy, yup, but I feel those are 2 independent things..they will get him..but they won’t use this plea as a predicate act

Re: Plea deal in Merlino case [Re: Ravens410] #938139
04/25/18 08:48 AM
04/25/18 08:48 AM
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Originally Posted by Ravens410
Not doubting you but I don’t see Joey taking a plea knowing they can use it as Rico predicate


Agreed. Would be a stupid move by him and his lawyer, and his lawyer seems too sharp for something this dumb.

Re: Plea deal in Merlino case [Re: Beenaround] #938141
04/25/18 10:12 AM
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Whatever he pleads to would have to be exempt from any future rico case. Example, spitting on a side walk could never be used as part of a rico case irregardless of any previous convictions or crimes.
Im quite sure Merlino’s lawyers are very cognizant of that. If they can ever prove Merlino is getting cash kicked up to him as a leader or even part of a criminal enterprise, he will be history. Same goes for him being caught merely giving an “ OK “ to commit a crime. He better learn sign language.

Re: Plea deal in Merlino case [Re: Beenaround] #938143
04/25/18 10:43 AM
04/25/18 10:43 AM
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Serpiente Offline
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Right on Belmont no way Eddie and company are letting something like that slip by and if it was part of it Skinny would sit five years before any RICO could be hooked in .


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Re: Plea deal in Merlino case [Re: Beenaround] #938152
04/25/18 01:51 PM
04/25/18 01:51 PM
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The philly mob probably secretly want merlino to retire or go to jail

Re: Plea deal in Merlino case [Re: Serpiente] #938157
04/25/18 02:35 PM
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Originally Posted by Serpiente
Right on Belmont no way Eddie and company are letting something like that slip by and if it was part of it Skinny would sit five years before any RICO could be hooked in .




prior convictions, taken pursuant to plea agreements, can be used as predicate offenses to support a RICO charge without running afoul of the Double Jeopardy Clause.


A March 1986 raid on DiBernardo's office seized alleged "child pornography and financial records." As "a result of the Postal Inspectors seizures [a federal prosecutor] is attempting to indict DiBernardo on child pornography violations" according to an FBI memo dated May 20, 1986.
Thousands of pages of FBI Files that document his involvement in Child Porn
https://www.muckrock.com/foi/united-states-of-america-10/star-distributors-ltd-46454/
https://www.upi.com/Archives/1981/0...s-Miporn-investigation-of/7758361252800/
https://www.courtlistener.com/opinion/1526052/united-states-v-dibernardo/
Re: Plea deal in Merlino case [Re: Beenaround] #938169
04/25/18 04:03 PM
04/25/18 04:03 PM
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puts on my internet lawyer hat. ok. if they cahrge merlino in philly as the head of the philly family its a philly rico enetrprise? the gambling case in new york was part of a different enterprise the east coast thing. i dont think it can cross over. it would be like john gotti head of the gambino

Re: Plea deal in Merlino case [Re: Beenaround] #938176
04/25/18 04:29 PM
04/25/18 04:29 PM
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could also be charged as the head of the luchese family cause they had joint operations.

Re: Plea deal in Merlino case [Re: Beenaround] #938177
04/25/18 04:30 PM
04/25/18 04:30 PM
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i dont know its a head scratcher.

Re: Plea deal in Merlino case [Re: Beenaround] #938178
04/25/18 04:46 PM
04/25/18 04:46 PM
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louiebynochi, in theory yes..in some cases yes...in this case..no..and pmac has a good explanation as to wise...as well as the others saying jacobs wouldnt plead him out if that was the case

Re: Plea deal in Merlino case [Re: Biggie] #938182
04/25/18 06:33 PM
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There’s no theory. It’s the law. They can legally roll this into another RICO indictment and they’re already halfway to convict him because they need 2 Rico predicates to convict of Racketeering. The jury voted 10-2 for conviction. He plead guilty because he would have been probably convicted and received 20 years. He plead guilty to gambling as part of the East coast Lcn. NOT the Philadelphia LCN. There’s no interpretation. THEY 1000% can used this. Besides th Jeopardy of a retrial he plead guilty to also avoid the Millions it would have cost for a retrial.


A March 1986 raid on DiBernardo's office seized alleged "child pornography and financial records." As "a result of the Postal Inspectors seizures [a federal prosecutor] is attempting to indict DiBernardo on child pornography violations" according to an FBI memo dated May 20, 1986.
Thousands of pages of FBI Files that document his involvement in Child Porn
https://www.muckrock.com/foi/united-states-of-america-10/star-distributors-ltd-46454/
https://www.upi.com/Archives/1981/0...s-Miporn-investigation-of/7758361252800/
https://www.courtlistener.com/opinion/1526052/united-states-v-dibernardo/
Re: Plea deal in Merlino case [Re: Beenaround] #938186
04/25/18 07:48 PM
04/25/18 07:48 PM
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A lot of people are running for cover in south philly but its probably too late... Big headlines coning

Re: Plea deal in Merlino case [Re: Beenaround] #938187
04/25/18 07:53 PM
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Also as far as the merlino argument.. Just my opinion but wether he was aware or not about it being used as a rico predicate I dont think he had much choice. Take the good plea deal because the case was weak or roll the dice again with the 12 idiots on the jury. I doubt the feds are making any concessions to him for future cases lol, and he had to take the deal or they retry. That's it

Re: Plea deal in Merlino case [Re: Beenaround] #938195
04/25/18 11:20 PM
04/25/18 11:20 PM
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Mayne they can use it, maybe they cant..i just.dont see the feds.using this dope.rat in a real.major.rico.case.in philly against him, hence the gambling charge wont be used against.him...vegas, ya , thet gave him a sweetheart deal.time wise, either u roll the dice and get 20, or take the deal. No brainer

Re: Plea deal in Merlino case [Re: Louiebynochi] #938207
04/26/18 07:00 AM
04/26/18 07:00 AM
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Originally Posted by Louiebynochi
There’s no theory. It’s the law. They can legally roll this into another RICO indictment and they’re already halfway to convict him because they need 2 Rico predicates to convict of Racketeering. The jury voted 10-2 for conviction. He plead guilty because he would have been probably convicted and received 20 years. He plead guilty to gambling as part of the East coast Lcn. NOT the Philadelphia LCN. There’s no interpretation. THEY 1000% can used this. Besides th Jeopardy of a retrial he plead guilty to also avoid the Millions it would have cost for a retrial.


Thanks Louie


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Re: Plea deal in Merlino case [Re: Louiebynochi] #938278
04/26/18 09:37 PM
04/26/18 09:37 PM
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According to GL, Merlino is pleading guilty to one count of placing bets via the Internet. Good luck trying to use that as a predicate act in a case involving the Philly family..


"I die outside; I die in jail. It don't matter to me," -John Franzese
Re: Plea deal in Merlino case [Re: Ted] #938286
04/26/18 10:12 PM
04/26/18 10:12 PM
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How is Merlino's heath?

Doing time with a heart problem doesn't sound nice.

Re: Plea deal in Merlino case [Re: Beenaround] #938288
04/26/18 10:28 PM
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Hate to break it to the people supporting skinny joey but chances are he’ll die in prison. With the philly mob set to get an indictment soon its inevitable that hes gunna get a heavy sentence

Re: Plea deal in Merlino case [Re: Beenaround] #938320
04/27/18 11:01 AM
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Pled out sentencing sept 13, restrictions removed until then

Re: Plea deal in Merlino case [Re: Beenaround] #938334
04/27/18 03:24 PM
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According to Dave S, Joey pled out to a two year fed bid for placing a bet over the phone. I’m very surprised, anyone have any reasoning for this?

Re: Plea deal in Merlino case [Re: Beenaround] #938335
04/27/18 03:45 PM
04/27/18 03:45 PM
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I believe prosecutors asked for a 10 to 16 month sentence..guideliens for judge are up to 2 years

Re: Plea deal in Merlino case [Re: Ravens410] #938336
04/27/18 03:45 PM
04/27/18 03:45 PM
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Originally Posted by Ravens410
According to Dave S, Joey pled out to a two year fed bid for placing a bet over the phone. I’m very surprised, anyone have any reasoning for this?


That is NOT a predicate act and cannot be used as part of a rico. Its akin to placing a bet over the phone for the Eagles to win by 7 points.
24 months is a heavy bid for that.. normally its 6 months. Although the feds rarely give 6 month sentences.

Last edited by Belmont; 04/27/18 03:46 PM.
Re: Plea deal in Merlino case [Re: Belmont] #938338
04/27/18 04:03 PM
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Originally Posted by Belmont
Originally Posted by Ravens410
According to Dave S, Joey pled out to a two year fed bid for placing a bet over the phone. I’m very surprised, anyone have any reasoning for this?


That is NOT a predicate act and cannot be used as part of a rico. Its akin to placing a bet over the phone for the Eagles to win by 7 points.
24 months is a heavy bid for that.. normally its 6 months. Although the feds rarely give 6 month sentences.


Thanks Belmont. So, is it definite that he’s doing two years or does the judge still have to sentence him?

Re: Plea deal in Merlino case [Re: Beenaround] #938339
04/27/18 04:14 PM
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We tried to tell everyone he's NOT going to plead out to something that can be used in a RICO case. Dude and his lawyer are not that stupid.

Re: Plea deal in Merlino case [Re: Beenaround] #938354
04/27/18 06:13 PM
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Re: Plea deal in Merlino case [Re: Beenaround] #938357
04/27/18 06:56 PM
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When you plead out to 24 months, its up to 24 months, he can get 18 or 20 months. The judge could deviate and give 30 months.
Usually they follow the prosecutors and deal.

Re: Plea deal in Merlino case [Re: dixiemafia] #938358
04/27/18 06:59 PM
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Originally Posted by dixiemafia
We tried to tell everyone he's NOT going to plead out to something that can be used in a RICO case. Dude and his lawyer are not that stupid.


That’s what I said but someone else said that they could ! So what’s the deal Eddie is not” stupid but how can he know some ex junkie was wired up for years.

Last edited by Serpiente; 04/27/18 07:00 PM.

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Re: Plea deal in Merlino case [Re: Belmont] #938359
04/27/18 07:21 PM
04/27/18 07:21 PM
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Originally Posted by Belmont
When you plead out to 24 months, its up to 24 months, he can get 18 or 20 months. The judge could deviate and give 30 months.
Usually they follow the prosecutors and deal.

18 U.S. Code § 1084 - Transmission of wagering information; penalties

Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both.


"I die outside; I die in jail. It don't matter to me," -John Franzese
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