So Tom was never caught?

Just watched this movie and loved it but was wondering, was Tom ever arrested? The movie does not show him getting caught at any time. I have seen a still from the movie with Tom being caught by two cops. Was this a deleted scene or just a promotional photo? Also whats with the cop that was talking to Mike after he returned from war. He was telling Mike about Tom's illegal activities. Did he not have any evidence or was he looking the other way on Tom's and possibly all gang activities to save his own skin?