The government does not seem rushed to decide the issue after jurors emerged from his fourth trial Tuesday to say they were hopelessly deadlocked and evenly divided.
It's familiar territory for everybody in a Gotti trial. John Gotti's father earned the nickname the "Teflon Don" after three juries deadlocked before he was convicted in 1992 of racketeering.
Sentenced to life, he died in prison in 2002.
His son is home on Long Island on bail without an electronic security bracelet for the first time in a dozen years.