I believe he's the shot caller, he wants to show the government that he's smarter than them...if he said he retired in jail before you can charge him with anything you have to have concrete evidence that he's still active and all his lawyer have to say is "joey is doing all of this from florida"? Merlino is smarter then what people give him credit for
"McGurn likes you, so I make you. So you are now one of us, if you fuck up, we take it out on McGurn. He is your sponsor. Fuck up, it's his ass. You work in his crew, he is your capo."
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