I cannot imagine in a million years that Merlino is calling any shots. Now, could he have some sort of minimal advisory roll? Maybe, but what kind of advice could he possibly give???
He is living a good life from what i can see and has plenty of fans willing to pay all his tabs. He isnt stupid and he knows the FBI are dying to put him away for life. The FBI hates when the public embraces a criminal. Thats one of the main reasons they were so relentless with john gotti.