Mongols Nation Case Forever

July 21, 2015

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Mongols Nation Case Forever

Christopher Brunwin and Stephen R. Welk made a token effort to stop the inevitable dismissal of the Mongols Nation racketeering case yesterday. It is obvious from the motion they filed that they don’t expect to win.

The document is 58 pages and 17,266 words long. It cites 70 federal cases, 28 federal rules and statues, the Congressional record and two related cases: The 2008 racketeering case against 80 Mongols Motorcycle Club members titled U.S. v. Cavazos at al. and a civil case called Rivera v. Melson et al. Everybody except Brunwin and Welk thinks those two Mongols cases obviated the Mongols case they are still trying to win now.

The motion drips contempt for the Mongols’ current attorneys, Joe Yanny and Elliot Min. Early on the prosecutors opine: “Defendant’s Renewed Motion is long on rhetoric and argument but, as explained in detail below, mostly devoid of any actual legal authority that suggests defendant is entitled to any of the relief it seeks, particularly with respect to the sentencing issue and the request for sanctions.”

Lost Cause

It seems obvious that Brunwin and Welk anticipate a dismissal so they tried to load as many excuses for an appeal into this terrible, unreadable motion as possible. The document contains no actual narrative or argument, just lots of objections to what the other attorneys just said in their motion to dismiss two weeks ago. At one point the motion calls one of the Mongols’ contentions, “so vague that it is impossible to craft a meaningful response.” So therefore Brunwin and Welk don’t have “to craft a meaningful response.” If only all of life’s problems were that easy to solve.

Lay observers must guess what the point of this case has ever been. Yesterday’s motion suggests that Judge David O. Carter must, must, must allow Brunwin and Welk to conduct a three month long trial at significant public expense and catastrophic expense to the Mongols.

The point of the indictment that supports this case has always been to seize the Mongols’ identifying marks as a sort of prelude to seizing the identifying marks of all motorcycle clubs. That is the whole point. As Judge Carter noticed about a hundred times in the one hearing he has held on this case, “Nobody goes to jail.” There are really only four possible outcomes.

1) The case is dismissed

2) The case goes to a three month trial and the word “Mongols” and the patch Mongols wear are declared guilty of racketeering and the word and the patch are filled with shame for their misdeeds.

3)After a three month trial the word and the drawing are found innocent because, you know, a word and a drawing can’t actually stab anybody or smoke a bone.

4) After a three month trial which ends with a jury of Sons of Anarchy fans convicting the word “Mongols” and the patch Mongols wear of racketeering Welk enters a motion to formally seize the patches which actually, legally, can not prevent anybody from uttering the sound Mongols, or writing it, or thinking it, or from wearing the Mongols patch.

That’s it.

Must Have Trial

In their motion, Brunwin and Welk insist over and over that there must be a trial. In one of the motion’s few clear declarations, the prosecutors state, “it is legally impossible to make any determination of the criminal forfeiture issues without a trial.”

In a less clear but representative passage the two prosecutors make an irrelevant citation that requires “the adjudication of the criminal forfeiture issues only after a defendant’s conviction.”

The Mongols have made the obvious argument that prosecution is itself a form of punishment. Yanny and Min don’t work for free. The issue of whether the government can seize the Mongols patch has gone on for seven years. Three federal judges, including Carter, have ruled that the government can’t seize the patch. Brunwin and Welk expect to win by making the Mongols go broke. It its motion to dismiss, the Mongols argues that if Judge Carter rules now that it is unconstitutional to seize the Mongols membership marks, “there is a high likelihood that the prosecution would not even continue, and the taxpayers, the Court, and this defendant could be spared abusive waste by overzealous prosecutors with an unlimited budget.”

The prosecutors riposte is the snotty, “Defendant’s concern for the taxpayers and the court is touching, but this statement is ridiculous. Defendant obviously has no basis for its bizarre prediction about the likelihood of the prosecution continuing in the absence of a forfeiture allegation, a decision that would be made solely by the government.”

The Government Suggests

Then they try to rough up the judge and opposing counsel a little with : “Should the court decide to take the unprecedented step of actually attempting a pre-trial determination of the merits of the criminal forfeiture allegation, the government suggests that it must assume that the defendant will be convicted of the substantive offenses and that all of the allegations of the indictment will have been proven to be true. Since the defendant will have been convicted of violations of 18 U.S.C. § 1962, it must also be assumed that the evidence that will have been presented by the government during the course of the imaginary trial leading to the imaginary conviction will have been sufficient to establish a nexus between the Marks and the underlying criminal activity. Defendant certainly offers no clue as to how such an analysis should proceed, and cites no example of any court ever having engaged in such an exercise before in a criminal case.”

Joe Yanny has asked the judge to make Brunwin and Welk pay his legal fees, both to spare the Mongols his expense and as a warning to all the other vile, bullying federal prosecutors. Brunwin and Welk appear not to care. They are going to appeal whatever Judge Carter rules anyway. That’s how the game works. “In the final section of its 51-page memorandum,” the prosecutors sniff, “defendant asks that the court sanction the government, the U.S. Attorney’s Office, and the individual prosecutors working on this matter for selective prosecution, and under 28 U.S.C. § 1927, 18 U.S.C. § 3006A, and the Equal Access to Justice Act. These frivolous requests should be rejected out of hand.”

The Mongols have a week to respond. There will be a hearing on the proposed dismissal on August 3. Carter should file his written decision on the dismissal before Labor Day. Brunwin and Welk will probably file an appeal to the Ninth Circuit by Halloween. Nobody knows when this case will actually end.


17 Responses to “Mongols Nation Case Forever”

  1. Wolfenlover Says:

    As I’ve said, BEST to the MONGOLS NATION. Brunwin & Welk are too stupid to see
    that they should throw in the towel. BUT, maybe it will piss the Judge off enuff
    to fry these 2 MORONS for their idiocy! HOW do these mentally deficient fucks
    get in power?! I GET IT! Mentally deficient fucks at the top!

  2. old & stoned Says:

    if this judge had half a brain, he’d also impose some form of injunctive relief, binding those 2 fucks or any agent thereof to forever cease and desist under penalty of incarceration – not a fine

  3. Jenn Says:

    Next up: eminent domain to take intellectual property. This will never end, will it?

  4. Jim666 Says:

    I like to see the judge order these two prosecutor fucks to pay the legal fees for the
    M M/C

    that would be real justice.

  5. PJ Says:

    We have service members getting executed in recruiting stations, yet this is how the govt spends our tax dollars…

    May the Mongols see justice sooner, not later.

  6. PAJAMA Says:

    @ old & stoned.
    However I second the motion! Brunwin and Welk would of course squeal “cruel and unusual”. After all they may be forced to pay the Mongols’ legal fees anyway. I feel should that happen, it does not go far enough to punish the overzealous prosecution. They should also have “property” tats applied.

  7. John Deaux Says:

    Best wishes to the Mongols Nation.

  8. The Punishers keeper Says:


  9. Road Whore Says:

    @ VAGO 1%er: Truly said.

    Ride Free

  10. Phuquehed Says:

    Eat shit and choke on it, Brunwin and Welk, you corrupt fucktards!

  11. T Hell Says:

    In my demented mind I can picture 100 Mongols sitting in the courtroom wearing nothing but Mongol’s boxers and t shirts and when they dismiss this ridiculous travesty they all surrender their Mongol’s gear to Brunwin and Welk to make them feel like they got what they wanted….

  12. Rusty Says:

    Damn, if ya can’t dazzle em with brilliance, baffle em with bullshit,,,,,17k plus words????

  13. Spectator Says:

    These frivolous cases will only seize when scum like Brunwin and Yelk are routinely handed the bill for the shit they created. How sweet it would be to have the Mongols show up to Welk’s bankruptcy hearing. Next we could look into how much of our hard earned tax money was wasted on this nearly decade long ordeal. Disgusting.

  14. FF Says:

    I know hindsight is 20/20, but I can’t help but wonder how much different things would be right now if Roger Pinney wasn’t replaced by that POS Cavazos.

    The damage one fucking asshole can do.

  15. VAGO 1%er Says:

    Dark, evil beings.

  16. Sieg Says:

    There is no bottom to how low the feds will go in their efforts to deprive anyone they perceive as an Enemy of the State of their property, their liberty, and indeed, their lives.

    This case is one long example of “punishment by indictment”, and one can only hope the judge will not only rule in favor of the Mongol Nation, but penalize the prosecutors to the full extent of the “law”.


  17. old & stoned Says:

    It would be sooo funny for those 2 persecuters to wake up one morning with ‘property of Mongol Nation’ inked real fucking deep.

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