Motorcycle Clubs Still Legal

January 5, 2015

All Posts, Features, News

It is already 2015 and it still isn’t illegal to ride a motorcycle or belong to a motorcycle club. At least not technically.  Most of the government acts as if it is, though.

Here’s what’s happening at the beginning of the New Year.

Big Brother v. The Mongols MC

The Mongols Motorcycle Club has been under more or less constant legal attack since former government agent William Queen started hanging around the San Fernando Valley chapter of the club in 1998. In 2008 the Department of Justice brought a racketeering indictment against more than six dozen Mongols and former club president Ruben “Doc” Cavazos. Dozens more members had personal property seized and had to endure years of legal puffery to get it back. A central goal of the indictment was to seize the Mongols’ name and insignia. Police announced and the press reported that henceforth any cop in America could “rip” Mongols patches “off the backs” of any Mongol they encountered. It was an unconstitutional attempt to outlaw the club. Several federal judges ruled patch pulling by the authorities was unconstitutional.

But one of those judges, a former Los Angeles County Sheriff’s Deputy named Otis D. Wright, suggested to prosecutors they might get around the Constitutional issue by indicting the club as a whole. So the same federal prosecutors who pursued the 2008 case, Christopher Brunwin and Steven Welk, are prosecuting a case called USA v. Mongol Nation. Brunwin and Welk intend to prove that the club promotes crime and protects criminals. Wright, who imagined the case, will preside over it by what the Central District asserts is pure luck. Long term, the government doesn’t have a chance of passing Constitutional muster, but that isn’t the point. The point of the case is to bankrupt the club with scurrilous prosecutions. The government has unlimited resources. The Mongols Motorcycle Club does not.

The Mongols trial begins March 24.

Big Brother v. David Martinez

The current racketeering case against the Mongols is weak. Most of the racketeering acts it alleges predate the 2008 case against the club and prosecutors are eager to pin something more recent on the Mongols. That is what led to a series of Swat raids in the early morning hours of October 28.

According to NBC, the raids on seven homes were part of an law enforcement effort “to head off retaliation by the Mongols against members of their longtime rival Hells Angels…as well as a sport bike club known as the G-Zer (pronounced ‘geezer’) Tribe, based in the East Los Angeles area. The motive for the payback appears to stem from at least two recent encounters between members of the three gangs on Los Angeles and Riverside County freeways in which Mongols members were shot at or pushed off their bikes. At least one Mongol member was killed, another was paralyzed and several others were wounded in the incidents, according to the sources.”

The affidavit underlying the search warrants was sealed to protect the identity of a confidential informant. The raids were also carried out in the middle of the night by militarized police in order to punish the occupants of the homes. The raid on Martinez’ home wouldn’t have attracted much publicity except that a Swat officer named Shaun Diamond died on Martinez’ front porch. Diamond was wearing body armor and a Kevlar “fritz” helmet at the time. He was, according to multiple police sources, shot in the back of the head. Almost everyone who has knowledge of the incident except prosecutors believe Diamond was killed by friendly fire. Police allege Marrtinez fired the shot that killed their man and they recovered the gun he used to do it.

Prosecutors have charged Martinez with first degree murder with enhancements that could put him on death row. He has been in jail for more than two months. His family tried to hire a private attorney but couldn’t afford to pay for one. Martinez next court appearance is scheduled for this Wednesday.

Big Brother v. The Hells Angels MC

The surreal trial of three Hells Angels named Timothy R. Bianchi, Nicholas F. Carrillo and Josh L. Johnson also resumes Wednesday in Lake County, California. The three men are accused of beating a member of the Vagos Motorcycle Club named Michael Anthony Burns at a tattoo convention in Lakeport, California in June 2011. The fight lasted about a minute. The legal case is now in its fourth year.

Burns suffered significant facial injuries and told police he had fallen. The initial investigator in the case, Lake County Sheriff’s Sergeant named Gary Frace, tried to close the case but was reprimanded by then Sheriff Francisco Rivero.

Rivero seems to have an obsession with the Hells Angels. A month before the fight at the tattoo convention, Rivero convinced himself that 150 Hells Angels were on their way to Lake County to rumble with a third as many Vagos. Rivero scrambled every cop in the county, deployed snipers and set up roadblocks to stop the imaginary pack of Angels.

Rivero’s obsession has been fed by the Federal Bureau of Investigation. Eventually the charges against the three defendants were amended to include a felony – aggravated assault. The felony made it possible to also charge the three Angels with a “gang enhancement.”

When the trial began last month, Lake County Deputy District Attorney Art Grothe told jurors, “I intend to show that when the individuals did what we allege they did, it was in benefit of and in furtherance of a criminal street gang, that is the Hells Angels,”

Sometime in the last 40 months the case ceased to be about a simple, if unfair fight, among four grown men and became a trial about what people think of the Hells Angels. The defendants are in effect being tried for the imaginary crime of belonging to a motorcycle club. The principal witness against the Hells Angels will be a biker expert named Jorge Gil-Blanco. Gil-Blanco specializes in testifying against Hells Angels. He will probably be the first witness called to the stand Wednesday. He may testify for up to a week and when he is done former Sheriff Rivero will tell the jury what he thinks.

Kinsgmen v. Kingsmen

The murders of two Kingsmen Motorcycle Club patch holders named Paul Maue and Daniel “DJ” Szymanski may begin to make sense to the general public before Spring. Police allege the two men were “executed” by a Kingsmen from Deland, Florida named Andre L. “Li’l Bear” Jenkins. Police haven’t revealed a plausible motive for the murders but they have said they broke the case with the help of an informant.

It is a curious incident of homicide about which it is easy to speculate. The press in Buffalo seems inclined to think of Jenkins as club assassin. The truth is probably stranger than that.

Jenkins is black and he is a relatively new to the biker scene. He was convicted of burglary and imprisoned in South Dakota for 12 years before his parole in 2010. He absconded from parole sometime after that, made his way to Florida, worked in a car wash and became a member of the Kingsmen’s Daytona Beach chapter.

There is an ongoing federal investigation of the murders. Jenkins has already been indicted on a federal charge of being a felon in possession of a firearm. And William J. Hochul, Jr., the United States Attorney for the Western District of New York told Dan Herbeck of the Buffalo News, “This charge is an important step in our investigation, but by no means is it the end of our investigation.” Herbeck also reported, “federal agents are continuing to investigate the circumstances surrounding the September 6 murders of two bikers outside the Kingsmen Motorcycle Club clubhouse in North Tonawanda.”



36 Responses to “Motorcycle Clubs Still Legal”

  1. alan B'stard MP (@alanBStardmp) Says:

    The Infiltrator – working undercover in a bikie gang

    “They are way, way more violent than other gangs”
    “They’ll just go up [in front of kids] and blow someone away”
    “They don’t care about going to jail, they expect to”
    “They spend their time planning and hunting down Hells Angels”
    “That’s what they live for”

    EVERY second for five years he risked discovery and certain death – being beaten until he was nearly dead, a bullet to his head and his body dumped in the desert.

    Charles Falco lived undercover inside America’s deadliest bikie gangs among murderers, sociopaths and “meth heads”.

  2. Eochaidh MacDhalaigh OghaChruithne Says:

    At the link by Rich1 about a snitch who traded in his bros to stay out of jail there’s a few misconceptions. “Drawing on the wealth of material from Falco’s book, along with broader documented historical research of inter-gang rivalries, the series will capture the reality of outlaw biker counter-culture:” 1. “a world in which freedom is equated with the right to carry guns and trade drugs with impunity,” that is freedom. If an adult wants to carry a gun and pop Tylenol #4 it’s his, her, or its choice. We’re not babies and if we are the government better start paying my bike payments, mortgage, etc. 2. “a world in which respect can be earned through fear.” Emmanuel “Manny” Dapidran Pacquiao can kick my ass. I respect that. That doesn’t make him a monster. Also, the better fighter I am the more respect I have for another fighter who can kick my ass. Do I fear better fighters kicking my teeth in? Of course and I respect them. Does that Piece of Shit (P.O.S.) Falco want to be able to walk up to a Mongol, talk shit, and not expect to get his ass kicked? Does Falco expect me to call a real man a Piece of Shit and not be afraid of him and his bros teaching respect?

  3. Frayser, USMV MC Says:

    Jury Nullification

    There is a small handbook called “The Citizens Rulebook” and it is available off the store on I have ordered in bulk and carry a few around and pass em out when the conversation reaches such topics.

  4. GF0302 Says:

    @JohnnyD — Wait; that part about mother/wife/daughter “jump(ing) on the back of a bike and roll off to have sex with a biker” isn’t true????? DAMMIT, wait until the IO wannabes find that out!


  5. JohnnyD Says:

    The truth is that non-bikers’ greatest fear is that their mother/wife/daughter will jump on the back of a bike and roll off to have sex with a biker. The American Puritan Ethic is still rampant in this nation. The never ending awareness that someone, somewhere is having a good time and not keeping their nose to the grindstone.

  6. JohnnyD Says:

    This year in Arizona we are trying to eliminate some of the “reasonable causes” for LE to pull over bikers. A state rep asked me to research the origin of handle bar legislation and I found this;
    I also found out that Texas had the passenger grab bar law in the sixties. That was when sissy bars were invented. Custom builders just built art into accessory. Manufacturers soon followed.
    LE seems to think we are attempting to disarm them every time we try to achieve some level of freedom from harassment.
    One thing unique about the United States is our Bill of Rights. Canada and Australia were allowed to be independent but their constitutions mirrored England’s. So they actually have no specific list of inalienable rights. They gave up ownership of many firearms without a struggle so they actually have no rights they can defend.

  7. popeye Says:

    Does OZ have anything like our 1st ammendment allowing the right to assemble? I would think this is unconstitutional.

  8. popeye Says:

    Does OZ have anything like our 1st ammendment allowing the right to assemble? I would think this is unconstitutional.

  9. sunny Says:

    In Queensland Australia certain MC’s have been declared criminal organizations and people can be charged for meeting in groups of more than 3. Then spend months in solitary confinement. 5 then 7 people in Queensland Australia have been charged under the ‘VLAD Legislation’ were simply enjoying a beer at a pub.

  10. Rusty Says:

    Theres a reason that strap is on factory seats,,, laws already in place.

  11. Ol'LadyRider Says:

    The whole damn bike is a “grab handle” if it needs to be… Sheesh.

  12. sherides Says:

    T Hell,

    I wonder what the reasoning for this is? Some politician’s wife fall off?

    Has Harley started production on
    “genuine HD grab handles” yet?

    How can they do this without defining any specs?

    Did they specify where on the bike they need to be located?

    Wouldn’t sissy bars be considered grab handles?

    Do out of state bikes riding through get a pass?

    Harassment is all this is about.

    Crazy…just freakin crazy.



  13. T Hell Says:

    If motorcycle only checkpoints were wiped out tomorrow it wouldn’t matter one bit. They’ll find ways around it, for example effective Jan 1st there is a new law in Texas that requires all bikes that carry a passenger be equipped with grab handles for the passenger, but “grab handles” are not defined. The factory strap on most pillions apparently qualifies (most after market seats don’t have one). Well guess what, you roll by a pig with a passenger on back there’s no way he can see that strap under her fat ass so you’re getting stopped, 100% by the book, and 1000% fucked up.

  14. KEYS 1% Says:

    A helluva lot is riding on the Mongols case… Here’s to the Mongols Nation for spearheading this fight for ALL Patchholders everywhere. I know myself and many men like me have sent $ your way. PL&R

  15. Shovelhead Says:

    T Hell
    Hope this catches on in all States.
    All I can figure is, there’s so many RUBs out there now. They’re getting caught up in this profiling that we’ve had to put up with for decades. Citizens didn’t care when this illegal practice only harassed Bikers. Now it’s affecting them, laws are being introduced to stop it. I’m glad it’s happening, just funny how long it takes the average citizen to open their eyes!


  16. Shovelhead Says:

    Bill would protect the rights of motorcycle riders

    January 09, 2015 – 10:03 AM

    CONCORD, N.H. (AP) — Motorcycle-only checkpoints would be discouraged under a bipartisan bill reintroduced by a group of senators, among them New Hampshire’s Jeanne Shaheen and Kelly Ayotte.

    The bill would prohibit the National Highway Traffic Safety Administration from issuing grants to states for motorcycle-only checkpoints. The agency initiated a program in 2009 that provided states with funds to conduct the checkpoints.

    The senators say they are discriminatory, where riders are specifically targeted by police to check that their vehicles meet state standards for noise, handlebar length, tire condition and other requirements.

    Shaheen said there aren’t checkpoints that stop cars to check their tire pressure, so there shouldn’t be checkpoints for motorcycles, either.

    Other senators reintroducing the bill are Susan Collins of Maine, Ron Johnson of Wisconsin, and Joe Manchin of West Virginia.


  17. The Wild Child Says:


  18. Paladin Says:

    I too just preordered a copy. I don’t read books written by CIs, snitches, or UCs, but I do read books written by “The Real”.

    Long May You Ride (to those that deserve to),


  19. Apache WarDance Says:

    Dada. It’s Dadaism. Dada died in 1922. Marcel Duchamp, Man Ray, Jean (Hans) Arp, and Francis Picabia with whom to start. Manifesto signed by Ribemont-Dessaignes and read by 7 people at the demonstration at the Grand Palais des Champs Elysees, Paris, France, 5 February 1920. We don’t have to waste our time re-inventing the wheel; do we????

  20. popeye Says:

    @Road Whore
    I googled it and there is a movement in NYC

  21. Road Whore Says:

    @ popeye: Amen and amen. I wish there was some national movement to teach people about this option!

    @ VAGO 1%er: You’re welcome…can’t wait to read this.

    Ride Free

  22. VAGO 1%er Says:

    @Road Whore
    Thank you also. I just preordered the book.

  23. popeye Says:

    During prohibition the feds couldnt get juries to convict moonshiners and transporters . They returned not guilty verdicts even though technically a law had been broken but they didnt agree the law was just. This is known as jury nullification and it is an option for juries although the judge no longer instructs juries that its an option. At one time judges did but its now kept hidden. American citizens need to start using jury nullification to take away some of the power that the goverment has. Some laws like weed it would be easy since very few people agree anymore that serving time for possesion is a just law. A lot of these RICO cases are the same thing and jurers need to know all the options open to them. Juries need to know that they have the power to set an innocent man free if they feel the goverment is using its laws illegally.

  24. sherides Says:


    In SW Michigan in 2013 after a 2 year Federal investigation, 31 members of the Latin Kings were arrested and eventually sentenced on Rico charges.


  25. Road Whore Says:


    You’re welcome. It looks like a good read; I preordered my copy this morning.

    Ride Free

  26. AVAGOVFFV Says:

    Hey Jorge, fuck you! Your nothing but a little lying piece of shit and nothing more but a tick, useless fuck.

    Road Whore, thanks for the shout out on my brothers book he’s a hell of a good man.

    Viva Los Vagos

  27. panamaa Says:

    “At this moment the entire group of people broke into a deep, slow, rhythmic chant of ‘B-B! …. B-B! …. B-B!’—over and over again, very slowly, with a long pause between the first ‘B’ and the second—a heavy murmurous sound, somehow curiously savage, in the background of which one seemed to hear the stamps of naked feet and the throbbing of tom-toms. For perhaps as much as thirty seconds they kept it up. It was a refrain that was often heard in moments of overwhelming emotion. Partly it was a sort of hymn to the wisdom and majesty of Big Brother, but still more it was an act of self-hypnosis, a deliberate drowning of consciousness by means of rhythmic noise.”

    Fuck Big Brother……

  28. Road Whore Says:

    Not sure if this is the best place to post this, but hopefully this will be a good read:

    “Original Vago: The Birth of the Vagos MC”

    Ride Free

  29. Phonebooth Says:


    Yes. I think it varies from area to area, but we had a big case here is SC:

    I watch things like that, and as you may remember we also had a case against the Hells Angels about then (“Bifield et Al”) from about then. That case is why I started reading Rebel’s excellent writing.

  30. Ronbo Says:

    Just wondering cause I live in a real remote part of Idaho and we don’t have any gang problems up here, But are the feds using rico on any of the big street gangs like in Southern California or any where else like they do against MC’s?

    Head on a swivel


  31. Road Whore Says:

    It’s astonishing that Motorcycle Clubs are still even technically “legal,” given that the State can now force a young woman just shy of “legal” age to undergo chemotherapy against not only the will of her family, but against her own will!

    I think Kafka, from the Great Beyond, is writing a massive horror novel and it’s coming to life on Earth and playing out in our so-called legal system.

    Ride Free while you still can.

  32. BMW Says:

    Citizens of the United States of America have entered a portion of the Kafka’s fables. Fables where a crime commited by over-eager, over-rated and over-reaching but incompetent persecutors is assigned to the innocent victim of a late-night assassination attempt; a routine fist fight is persecuted by an obviously hallucinating, doddering, elderly and senile leo as a sort of Martian invasion; a shooting is described as some sort of modern “Murder Incorporated” and “virtual crimes” and “street theater” can be persecuted in Federal courts.

    Kafka could not have imagined a world as strange as the one in which Organized Crime runs the courts by persecuting imaginary crimes that the leo create at a cost of billions each year. (All the while ignoring terrorists.)



  33. Va.Bob Says:

    carwash employee with a Harley?Sounds like that Rutger Hauer movie”Hobo With a Shotgun”.

  34. chromedome Says:

    Everyday i realize more and more that the ship that makes the most sense has the least influence on the judicial system.


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