New Jersey Division of Gaming Enforcement will not appeal Casino License to a construction firm that it believes has ties to Organized Crime

Bringing a contentious case to a close, the New Jersey Division of Gaming Enforcement will not appeal the award of a casino license to a construction firm that the agency believes has ties to organized crime.

The New Jersey Casino Control Commission, over vehement objections from the DGE, approved a license in May for Pleasantville-based Bayshore Rebar Inc. and its owners, Joseph N. Merlino and his mother, Phyllis Merlino.

The DGE, which had discussed the possibility of an appeal, had 45 days in which to challenge the commission's ruling in state court. However, the division allowed the appeal deadline to lapse. DGE spokesman Paul Loriquet said Friday that the agency would not comment further about the case.

The licensing dispute pitted two government agencies against each other, with both sides accusing the other of misconduct as the case unfolded. The commission serves as the chief regulatory body for Atlantic City's $3.9 billion casino industry, while the DGE acts as an investigative agency.

John M. Donnelly, an Atlantic City attorney representing the Merlinos, said he is relieved the grueling regulatory battle has finally come to an end. "It's been an expensive ordeal," Donnelly said. "We don't need any more litigation."

During Bayshore's licensing hearing, DGE attorneys alleged that the Merlinos were linked to organized crime through their relatives. Joseph N. Merlino's cousin is jailed Philadelphia mob boss Joseph S. "Skinny Joey" Merlino. The late Lawrence "Yogi" Merlino, a high-ranking mobster, was Joseph N. Merlino's father and the ex-husband of Phyllis Merlino.

In a unanimous vote May 5, the five-member Casino Control Commission concluded the Merlinos were not connected to organized crime. The license allows the Merlinos and Bayshore to do business with Atlantic City's casinos.

The ruling reversed 21 years of state policy. The Merlinos were denied a license by the commission in 1989 and again in 1997 based on the belief that they had "inimical associations" with organized crime.

This time around, the commission ruled the Merlinos were free of any mob influence. Joseph N. Merlino and his mother insisted they had long ago severed all ties to any family members involved in organized crime.

Thanks to Donald Wittkowski

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Company Seeking Casino License Was Founded by Mobster, Charges Ex-Fed

Far from being the self-made man he says he is, Joseph N. Merlino was actually set up in the construction business by his father, a convicted Mafia killer, a retired federal corruption investigator testified Monday.

Merlino and his mother are seeking a license that would permit their company, Bayshore Rebar of Pleasantville, to work in the Atlantic City casino industry.

Merlino's father, Lawrence "Yogi" Merlino, and his cousin, Joseph "Skinny Joey" Merlino, were mobsters, he admits. But Joseph N. Merlino claims Bayshore is free of any mob influence and is unrelated to his father, who died in 2001 while in the witness protection program.

Ronald Chance, who investigated mob ties to the construction industry in the 1980s for the U.S. Department of Labor, said Bayshore was founded and run by the elder Merlino. "Larry Merlino created Bayshore," Chance said. "Bayshore was the minority company of Larry Merlino."

Chance said Merlino listed his wife as the owner to get around requirements that a portion of some contracts be awarded to companies owned by women or minorities, and had his son on the payroll as well.

He testified during a hearing of the New Jersey Casino Control Commission that Phyllis Merlino and the younger Joseph Merlino were listed as company officers, but Lawrence Merlino was the real boss in the mid-1980s.

"Not one single person ever had any dealings with Joseph or Phyllis Merlino," Chance testified. "Their dealings were with Larry Merlino."

That testimony is important because it contradicts the Merlinos' claim of how Bayshore was founded , as a legitimate company free of any mob taint or influence from Lawrence Merlino.

The Merlinos' lawyer, John Donnelly, flatly denied Chance's testimony. "He's absolutely, unequivocally dead wrong," Donnelly said. "It's already found to have been untrue by the Casino Control Commission."

Chance testified his agency began investigating Lawrence Merlino in the 1980s after an ironworker whose wife had just given birth was hit with a $4,300 hospital bill. The worker went to his union to ask why the hospital said he had no insurance coverage and was told to see a higher-up in the union, who in turn referred him to see "the boss," Lawrence Merlino, Chance testified.

Confronting him at a work site in Atlantic City, Merlino grabbed the worker by the throat, told him to open his mouth, stuck a gun inside it and promised he would kill the worker if he ever saw him again, Chance testified.

An investigation determined that Merlino's main company, Nat-Nat, had not been making required payments to a union benefits fund, Chance testified. "That was the way Nat-Nat got all the jobs: because it wasn't making health and welfare payments," Chance said. Skipping the payments saved the company money, and enabled it to underbid other competitors, he added.

The hearing is due to resume Friday.

Thanks to Wayne Parry

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