Government Will Lose Mongols Case

June 5, 2015

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Government Will Lose Mongols Case

The Mongols Nation Case, in which the government hopes to forbid Mongols Motorcycle Club members from wearing Mongols Motorcycle Club patches looks like it is headed for a nine week trial.

At a status hearing yesterday before new case judge John A. Kronstadt, prosecutor Christopher Brunwin said he would need about four weeks to present his case and Mongols lawyer Joe Yanny said he would probably need about five weeks to refute Brunwin’s lies. Kronstadt who has a vacation scheduled for July and August and a judges’ convention after that did not seem thrilled.

Formally, what Brunwin and former prosecutor Steven R. Welk  are trying to accomplish is the “forfeiture of all property acquired or maintained in violation of 18 U.S.C. § 1962; any property, interest in property, or contractual or other legal rights that afforded a source of influence over the enterprise described in the indictment, and any proceeds constituting or derived from the racketeering activity alleged in the indictment.” The racketeering activity in this indictment is virtually identical to that alleged in a 2008 racketeering indictment against 79 Mongols defendants.

The lead defendant in that indictment was former Mongols president Rueben “Doc” Cavazos. Cavazos had been expelled from the club before the indictment was unsealed. He spent the first two years of his incarceration debriefing in the basement of the Montebello, California jail. He  was likely cooperating with Brunwin for two months before the indictment was unsealed. Very informed sources believe he may have been cooperating with federal officials as early as June 2008. It was a very dirty investigation. Brunwin’s grand jury returned the indictment the day after a Mongol named Manuel Vincent “Hitman” Martin was shot off his bike and killed on the Glendale freeway. Three undercover ATF agents named Gregory “Russo” Giaoni, Paul “Painter” D’Angelo and Darrin “Dirty Dan” Kozlowski (portrayed by Canadian actor Ari Cohen in this year’s fictional miniseries Gangland Undercover) were with Martin the night he died and it seems very likely that they set him up to be killed. Meanwhile, as part of his cooperation agreement, Cavazos declared that he owned the Mongols insignia and gave it to the government as partial payment of his debt to society. When that turned out to be illegal, Cavazos was sentenced in a closed court session to 14 years in prison.

But Brunwin and Welk didn’t give up. In a summary of the government’s case filed May 29, Brunwin writes, “The criminal forfeiture allegation includes descriptions of two trade/service/association marks, described in the indictment as the ‘Word Image’ and the ‘Rider Image.’” Which is to say the Mongols’ name and logo.

The Mongols Racket

As recently as yesterday, Brunwin declared that his case would be based on plea agreements he coerced out of defendants in the Cavazos case. Defendants were given the choice of either admitting the Mongols Motorcycle Club was a criminal racket or doing 20 years in prison.  Brunwin has also thought these admissions constituted proof that the club is a kind of mafia.

One day in 2010, while trapped in an elevator in the Ronald Reagan Federal Courthouse with a particularly rude and aggressive reporter, Brunwin said: “Well, I don’t really give interviews.”

Aging Rebel: “Do you really think you could prove the Mongols are a criminal conspiracy?”

Brunwin: “Oh absolutely.”

AR: “Really.”

B: “Without a doubt.”

AR: “Oh, after you…. Okay. I won’t ask you any more.”

B:  “No that’s alright. I just need to stop at the Marshalls.”

AR:  “Okay. How would you prove the Mongols is a criminal conspiracy…you said it’s already been proven over and over that the Mongols is a criminal conspiracy. How?”

B: “What?”

AR: “How have you proven over and over that the Mongols are a criminal conspiracy?”

B: “I guess you don’t know the case.”

AR: “Yeah.”

B: “We have had defendant after defendant come into the court and admit it over and over.”

Legal Hash

Brunwin’s theory of proving the Mongols guilty of racketeering is legal hash. He seems to think that he can prove that the Mongols is a racket because so many Mongols were coerced into admitting the words that he put in their mouths.

All of the confessees admitted to committing “predicate acts,” individual local crimes, but they all pled guilty to being racketeers. And in most, but not all these cases, the predicate acts had nothing to do with the Mongols Motorcycle Club except that the men who committed them were members of the Mongols at the time. None of the drug deals, for example, were Mongols deals.  They were individual deals.

Under federal case law, the pleas were probably not even legal. Before a federal defendant can confess to a crime, that crime must be factually true and there has never been any factual basis for the allegation that the Mongols is a criminal racket. All the government has ever had are coerced confessions.

It was also a violation of the Federal Rules of Procedure for their attorneys to advise them to plead guilty to the RICO charge in the first place because the actual existence of a “Mongols Criminal Enterprise” was never proven.  Advising their clients to plead guilty would have been an ethical and legal violation because at time of the pleas those attorneys knew or should have known that a legal defense to the RICO charge existed.  And that defense would have been a simple demand that the prosecution prove that such a racket factually existed in the first place.

Judge Kronstadt will begin sorting this all out at a motion hearing on June 18. If he agrees to let Brunwin try to prove the factual basis for the plea deals, the trial cannot begin until sometime this autumn.

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12 Responses to “Government Will Lose Mongols Case”

  1. geno.gentile Says:

    F K the Mongols M C

  2. IO Says:

    I dont get why, well actually I get why, the feds, again, are trying to forbid the wearing of an article of clothing. You would expect that they would not try that again after what the judge said in the last case concerning the mongols colors and patch. I think the opinion in the former case made it pretty clear that trying to forbid or seize mongols colors aint gonna work. It aint a crime to wear an article of clothing and it sure as shit aint a predicate RICO crime to wear articles of clothing.

    Unfortunately, the RICO statute is so loosely interpreted that they can get away with a lot without actually proving that a club or street organization is actually the enterprise engaged in racketeering. Instead, its like a bizarre and perverted argument the feds make, in that they try to claim or prove that money and orders come from above or from within the club. However, all the the cases I have followed seem to usually just depend on snitches making half truth claims and somehow the jury or judge will buy the BS coming from the stand. Its a damn shame how the justice system allows such a weak connection or “evidence” convict people of racketeering even though the enterprise element always seems to be so flimsy.

  3. chromedome Says:

    what sieg said x2…

    even if this kevin heart is who he says he is and knows what he says he knows then on GP he should get socked in the eye for runnin his mouth on the net to some other unknown character. jeez they just dont make em like they used to…..good luck to the REAL mongols on their uphill battle.

    @rebel …are you going to be telling martinez point of view of the incident. can he recieve mail? i would like to atleast throw some change on his books or write the homeboy a heads up letter.


  4. jj solari Says:

    kevin sounds very dissembling to me.

  5. Rebel Says:

    Dear Pajama,

    I think the Feds best chance to win the Mongols Nation case was to have Judge Wright preside. I think the point of continuing the case has been to force the club to defend itself. There may be a case where some judge rules that a motorcycle club patch is either: a) a tangible asset gained through criminal activity or, b) threatening expression exempt from First Amendment protection. It is not going to be this case. Brunwin is a boob.

    And, David Martinez has not disappeared. I saw him Wednesday. I am told that he is eager to tell his story of what happened the night Diamond died to a jury.


  6. PAJAMA Says:

    I for one don’t count my chickens before they are hatched Rebel. The case as presented by you (Rebel) does seem flimsy. however the more recent police activity towards the Mongols. (harassment/surveillance/trumped up arrests) Coupled with the Brothers who are incarcerated without trial or hearing dates. suggests that the government’s case is not going to be as simple as just a parade of coerced confessions. But also a listing of those Mongols and their more recent alleged crimes that they are being held for. My prime example is the continued Detention of the Mongol accused of shooting officer Diamond in the back of the head from inside his home. (when officer Diamond was behind other officers and coming in.) This made up crime and others being held that have simply “disappeared” into the LA county Jail system. Along with the Prosecutor asking for “Six weeks”. suggests to me the Government is preparing a case that is not just a great big pile of incriminating BullShit. (to most of us) but also heavy in circumstantial evidence.

  7. Sieg Says:

    kevin heart, whatever the truth of your situation is, club bidness doesn’t belong online.

  8. Jj Says:

    Think of how much this is Alice in wonderland prosecution is costing taxpayers – how many tens of millions so far? Enough to house and ffeed every person on skid row. Meanwhile the same self-righteous, misguided, dirty a-holes errr US attorneys look the other way & claim the banking crooks whose greedy deeds have screwed millions are too big to prosecute err fail.

  9. calvin, john Says:

    So, since the case won’t be heard until October, The Mongols Motorcycle Club are relatively free to fly their colors until then (and probably thereafter as well). If this is indeed the case I would like to wish the Mongols a hot & cool summer! Ride safe, free & proud!


  10. Skeet Says:

    Doc is trying to save his own ass because he fucked up and doesn’t want to do the time. No one agreed with that clowns ways (as written In previous post and the website proves it) and he did things he doesn’t want to go down for! He is another POS that wanted to take over shit and became money hungry clown and had got his hands in too deep with MM!

  11. Tommy Says:

    Very good writing once again rebel.



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