Mongols Beat Government Again

September 17, 2015

All Posts, News

Mongols Beat Government Again

After waiting for 42 days, Federal District Judge David O. Carter finally issued a dense dismissal yesterday of the Government’s most recent attempt to seize the Mongols Motorcycle Club’s name and patch – a case titled United States of America versus Mongols Nation.

Because of its numerous civil citations, the decision may actually make criminal case law. It is written very carefully in order to avoid reversal by the Ninth Circuit Court of Appeals and there is some good news and bad news in it for the Mongols. The decision is all sentences like: “Clear legal rules are difficult to discern from the morass of legal precedent addressing the distinctness requirement in the context of entity defendants.” Carter saw the key legal question in the case as the  “distinctness” between a “person” and “an ‘enterprise’ that is not simply the same ‘person’ referred to by a different name.”

That boundary looks like a razor’s edge and unfortunately Carter is not exactly Oliver Wendell Holmes. Plainly speaking, the good news is that the government’s indictment is dismissed and will probably stay dismissed. The bad news is that it looks like the Mongols are going to have to pay their own legal fees.

Where Did This Come From

The question of whether the Mongols club was guilty as an entity of racketeering had originally been scheduled for trial last June 2 but at the last moment, five days before the trial was to start,  the presiding judge, Otis D. Wright, the man who told the government to bring this nuisance prosecution, wet himself, threw his hands in the air and ran from his courtroom literally conceding “You win.” The case was then assigned to John A. Kronstadt who tossed it to Carter within a week.

Mongols attorney Joe Yanny and Elliot H. Min had argued that the government’s case was a “pointless prosecution.” The indictment basically charged a turn of phrase with racketeering and in his decision Carter summarized Yanny and Min’s objections to it like this: “Defendant contends that the Indictment fails for three reasons. First, it raises a flurry of arguments that the forfeiture sought is invalid under trademark law and the Constitution and that the Indictment therefore fails. Second, it also asserts that the Indictment fails to state an offense because it does not allege a ‘person’ distinct from the ‘enterprise’ under 18 U.S.C. § 1962(c). Finally, Defendant argues that it is legally incapable of committing the racketeering acts set forth in the Indictment, and therefore no criminal liability can attach.”

The prosecution of the club as a whole, as anyone who has ever been arrested or sued knows, was actually a punishment in and of itself. Since October 21, 2013 when the indictment against the club was unsealed, numerous Mongols including club president David Santillan have had to make multiple appearances in court and, most significantly the club had to hire Yanny and Min and their supporting staff. The whole point of the case was to bankrupt the Mongols with legal fees. The idea of seizing the Mongols trademarks was always a cynical charade. Nobody was ever going to jail. So late in the case, Yanny filed a motion to either sanction the government or the two prosecutors who brought it – a couple of mendacious and sanctimonious bureaucrats named Christopher Brunwin and Stephen R. Welk – and force either the government or its lawyers personally to pay the cost of the legal defense.

Carter sniffed at that like this: “As a result of the Government’s allegedly spurious position, Defendant seeks sanctions against the Government for ‘selective prosecution, and bringing a frivolous, malicious, and vexatious indictment against Mongol Nation.’”


The big issue in this case was the constitutionality of seizing the Mongols insignia – or the insignia of any motorcycle club. Carter wrote: “Defendant asserts that the forfeiture sought is impermissible under trademark law and is unconstitutional under the First, Fifth, and Eighth Amendments of the United States Constitution. Therefore, it argues, the Indictment should be dismissed or, in the alternative, the forfeiture allegation should be stricken.”

Citing a thicket of precedents Carter endorsed the government’s argument that forfeiture, the whole point of the case, wasn’t really the whole point of the case but merely a possibility. Welk has been arguing for six years that any ruling on the forfeitability of the Mongols trademarks before compelling the club to defend itself in a four-month-long trial would be “premature adjudication” and Carter seems to admire the pettifoggery in that.


Carter did rule, however, that the government cannot indict a club as an “enterprise” for racketeering without also indicting a group who can be actually punished. That is the good news for the Mongols and other motorcycle clubs. The indictment makes “no meaningful distinction between the association Mongol Nation and the enterprise of the Mongols Gang,” Carter wrote. So Mongols Nation is off the hook.

Given the extent of the war on motorcycle clubs, it seems likely that government prosecutors are poring over this dark forest of words already. But Yanny thinks the decision is “pretty bullet proof. They can’t just indict a club as a racketeering enterprise because some club members are racketeers.”

That would seem to end it, but who knows what hope jaded prosecutors might take from: “Having decided the Indictment fails for lack of distinctness, the Court does not reach Defendant’s arguments concerning whether it is proper to premise liability on predicate acts an unincorporated association it is not legally capable of committing itself, including murder and attempted murder. Indictment ¶¶ 39, 41, 42, 43, 46, 47. The Court will note that the Government could identify no other case where an unincorporated association, or other entity defendant, was held liable for predicate acts of violent crime. However, as the Indictment is otherwise flawed, the Court need not reach this issue to which the parties devoted only cursory attention in the briefing.”


Carter was more direct and to the point on the issue of whether the government will have to pay for this long ordeal by jurisprudence.

“There is insufficient evidence on the record to establish that there has been improper conduct by the Government Attorneys,” Carter wrote. “Defendant has not met its burden in establishing that the Government’s position was vexatious, frivolous, or in bad faith. The only concrete basis for this request is that this case is similar to prior actions and that the Government engaged in “judge shopping.”

Brunwin and Welk are Carter’s boys. They all work for the same company. And yesterday’s decision may not be the end of the case. The government will have ten days to appeal and the decision about whether to do so or not will be made by either the United States Attorney for the Central District of California or somebody a few pay grades above him.


98 Responses to “Mongols Beat Government Again”

  1. Wolfenlover Says:

    Since Punisher Keeper nods his head about Lisa Ling’s report, I got my DVR set
    for her program. BOUT DAMN TIME some truth be told! It’s on CNN at 8pm Central
    Time on Oct. 7th.

    RESPECTS Rebel & to the real regulars

  2. Wolfenlover Says:

    Oh look, it’s Hemorrhoid, I mean TPain again with his rapier wit & nonsensical
    knowledge! WOW! Why don’t you FOESAD? In case you don’t understand that you
    Canuck Troll, that’s Fuck Off East Shit And Die, EH!

  3. T Pain Says:

    Oh look real news.

  4. Caligula Says:

    Congrats Mongol nation.. Proud supporter here

  5. Steel Says:

    A great victory for the Mongol Nation. Congratulation on the win.

    However, stay vigilant everyone. I doubt the feds will stop trying this sort of thing.



  6. TML Says:


    *2nd* IO book

  7. T Hell Says:

    What’s the matter you spineless chicken shit motherfucker, everyone knows you’ve been here to check on your little post, answer my question or stay the fuck on Police One where you belong……

  8. VAGO 1%er Says:

    @ Jim666
    If Tom really is Steve KOOK my observation of “limited intelligence” really does ring true because Steve-O is one dumb motherfucker.

  9. Tommy Says:

    Got to love the sore loser cop named tom…..Hey tom stop taking orders and start upholding your oath to the constitution. The people wont have you bullying them around anymore!

  10. Jim666 Says:

    I think ‘Tom “is actually Steve Cook …………
    Sure sounds like him or at least got his training from him.

  11. Paladin Says:


    You and your ilk are some of the most hypocritical I’ve ever come across. The decision in this case was not based on some blue or obscure law, within a musty old volume, found in a dark corner of a forlorn law library. No Tom; the decision was based on very obvious law that not only protected the defendant in this case, but will also protect you as well.

    You and others attempt to pass yourselves off as law abiding. Yet when the law is upheld, you complain that there are no winners and that the American public are the losers. Since when are American citizens losers when the law is upheld? It would seem that you would have the law subverted, so as to suite your sense of justice. Not all that law abiding are you?

    Why you, Lee, Dave and others that think the way you do, bother to post on this or similar blogs is beyond me. Not only do your posts lack merit, they’re myopic, and pointless.


  12. Mama G Says:

    Viking Trotter- you are soooo right. Even worse is the pricks in suits who play the religion card to add to their con.

  13. Punisher Keeper Says:

    TOM…. Freeway Crack in the system!!! getter done :-)

  14. VikingTrotter Says:

    The biggest most dangerous criminals I’ve ever met. Wear suits and ties and smile while they shake your hand.

  15. Phuquehed Says:

    Translation of what the little faggot Tom posted:

    My vagina is hurting so I think I’ll rag a website to take my mind off of my pain. Hmmm…I didn’t realize one site could have so many *real* men. I feel so…so…inferior and pathetic. It’s just not fair! Uh oh…now my wife has just told me to give back her douche bottle and to pack my shit and get out of the house. *GASP!* She just said she’s got a biker coming over to pound her like she’s never had from me in our 20 years together and wants to film it and show me later so she can see me cry…again! Why is everyone so mean to me?!

  16. Mama G Says:

    Congratulations! A hard battle fought with determination and commitment to the rights of ALL PH’s.

    For those who come here and spout off a bunch of judgmental know it all bullsh!t drivel about criminal this and criminal that, you need to educate yourselves about what the hell is going on in this country. The freedoms of EVERY AMERICAN are being threatened daily and it has only just begun. Maybe some of these trolls ride maybe they don’t. I don’t know. Whether they belong to the motorcycling community or not, some are foolish enough to think this case is only about one MC. Taking some time to read up on the actual case and the laws at the heart of the argument would be beneficial. It is entirely possible that one day any one of you know it all’s may find yourself facing a fight for your freedom. A motorcycle and a patch does NOT a criminal make. To this day there is a group of suit wearing wealthy criminals who brought this country to its knees, destroyed the lives of millions of Americans and are still playing CRIMINAL games with this country got bonuses instead of charged, prosecuted and sentenced. Do you troll them like you troll this site? Probably not.

    People need to wake the f%ck up, educate themselves. Maybe grow some balls and join the fight because one day it may be something you’re associated with or belong to that will be under attack. Those people who have no concept of the changes being made in the name of our “security” or just believe the propaganda fed to the public by MSM, could learn lot from the real regulars on AG who repeatedly articulately and intelligently spell out what the Mongol Nation case, and others, are truly all about.

    Again, congratulations for the successful outcome on your case. Sorry i hopped on my soapbox again, trolls bring it out in me.

    Much Respect…..

    . ~Desmond Tutu

  17. Punisher Keeper Says:

    Tom! are you an unhappy FED that didn’t get his way!!! Or cop. Now you and your pee on’s can run around and play hide and seek and make up some more lies to spared across the USA in the name of control… Or maybe your are a UO lop. Well, who ever you are!!! I’m sure you have a dick up your ass.

  18. UnaffiliatedObserver Says:

    @Tom, if you honestly think the MCs “flood the nation with drugs”, you are woefully misinformed.

    I am not aware of criminal actions on the part of MCs being sanctioned. You’ll need to look elsewhere for that.

  19. Dazed Says:

    Tom,Fuck off you piece of shit..

  20. VAGO 1%er Says:

    Your post proves you are a person of limited intelligence. You would probably best served to going back to your law enforcement cocktail lounge hangout and telling war stories to your pig buddies about the women and children you have abused in the line of duty.

  21. T Hell Says:

    Do you have proof that most of them are criminals or is your supposition based on the fact that they look “skeery”, if you have proof why have you and your buddies at the station not arrested them? Get with the fuckin program Tom, google crimes committed by bikers then google crimes committed by you and your brother’s in blue, then we’ll see who the real fuckin criminals are. Last I heard it was the job of police to arrest those committing crimes, seems bikers are not getting arrested very often these days compared to days past. Only one of three possibilities exist: 1. Bikers are not the criminals they are made out to be, 2. The cops are two lazy and incompetent to do their jobs, or 3. The average biker is just too smart for the average cop. Which one do you think it is there officer Tom?


  22. Lady Says:


    By coming here and posting you are preaching to the wrong people, for as you already know where most of us stand. Regardless of what so called group you belong to or not, if you have a problem with the Judge’s decision on this matter, then the Judge is the person that you need to take it up with. For as I have said, your preaching and taunting or whatever you think you are doing, means nothing to us.

    Unless you have lived in this life and truly understand it, your post’s mean nothing. I do not mean those that are in the so called I.O. either, for they do not qualify as anything other than a bunch of IDIOT’S that want to cause trouble and have killed people and gotten away with it. They have not, and will not ever be recognized as a Club.

    Respect to those that have earned and deserve it,

  23. xplor Says:

    Tom if you were a drug dealer would you ride around with a sign on your back ? What percent of drug deals are made by bikers ? How would your customers find you ?

  24. Tom Says:

    They are a criminal organization. Most of them are also drug users and traffickers. Just by wearing the patch they are identifying themselves to law enforcement that they are indeed a person to keep an eye on. Criminality surrounds biker gangs, this is a well known fact and bikers seem to enjoy flaunting their criminality.
    The only losers here are the American public, unfortunately criminal biker gangs will be free to roam, create chaos, and flood the nation with drugs. No winners here, just the sanctioning of criminal behavior.

  25. Lady Says:

    @Muck 1%er

    Darlin, I know you got your hands full, but you know I’m always around to talk to you.

    I would even bet, if you looked around you might even remember where the contact info was. ROFL

    Anyway, a huge Congrats on the win, even though I know it has been a long hard road for all of you and will take some time to recover. For the moment, take a deep breath, exhale, give those around you a tremendous hug, saddle up and know that I am there in spirit. For I know just how important this was to all of us.

    As always,
    Much love, huge hugs, and total Respect,

  26. rollinnorth Says:

    Thanks, Rebel, for all you work on this. It’s about time to put a stop to the government vendetta. Sadly, it likely won’t be the last time some AUSA tries this crap, somewhere else.

    I expect we will see and hear less and less of UO, now that Cossacks were taught a hard lesson about what happens when you think LE has your back.


  27. VikingTrotter Says:

    I see CNN and Lisa Ling are going to air a news series. Lisa Rides with the Mongols. Should be interesting.

    Here is a video link of the series.

  28. In It To Win It Says:

    I never post but often read the Rebel. Just wanted to post a BIG THANK YOU to ALL that have helped in off setting some of the cost in my clubs fight against the federal government and their torpedoes. I am not privy to the information af all that have helped, (that would be an unsurmountable task) Bandidos,Vagos,Veterans Clubs,RC’s, Mom and Pop Clubs and Solo Riders, and even the citizenry that have participated in any way…from the littlest to the biggest, ALL was and is appreciated. We as a FREE and PROUD 1% MOTORCYCLE CLUB, stood our ground and fought as we always do. United in “OUR” BROTHERHOOD. To my brothers…a big ol’ huge, ” WHO THE FUCK ARE WE…!”. Although we are not done with cost and OUR fights with legal system, one giant battle has been won. The consequences of losing this case had ramifications that most sheeple have no clue about. The taking of OUR FREEDOMS IS NOT AN OPTION for ANY entity that would try. Again, this is a THANK YOU TO ALL that got behind us in this fight. And to Rebel for not letting it get lost in obscourity…thank you.


  29. Shyster Says:

    Solid work Mr. Yanny and Mr. Min. A lawyer friend of mine who knows Welk and Brunwin told me those two had big uncircumcised hard ons for the Mongols and their patch.

    You lost. Freedom and the Constitution wins. Fucken useless pigs and prosecutors.


  30. JMacK Says:

    Congratulations and respects to The Mongol Nation. Thanks to all that have contributed to Save The Patch.

    Fuck you urine odor. Suck another dick Smokey. You retards couldn’t take the patch off a Boy Scout.


  31. Muck 1%er Says:

    Good to hear from you again Lady. Thank you and hope all is well with you and yours.

  32. Lady Says:

    What a great day for the Mongol Nation!!!

    Never giving up and never giving in! That is what it’s all about.

    Tons of love, huge hugs, and much Respect!!!


  33. Wolfenlover Says:

    Guess the UrineOdor are getting IPODS book pulled because it names names. LOL
    Called Iron Order MC- The Story Continues. This was brought to light on, no less
    iomc-The REAL Truth2 on FB! Guess the BOYS in the group aren’t happy with old
    IPOD giving away their secrets about being a corrupt, full of shit bunch of

  34. Wolfenlover Says:

    UrineOdor Smokey, you just might be suckin’ more dick since ol’ IPOD has put out
    his latest book incriminating the whole lot of you! LMFAO! Seems he’s supposed to be OUT BAD now! bbbaawwwaaahhhaaa.

  35. cavalry2k14 Says:

    Great win, and not just for the Mongols, but for all. If the Feds can take one patch, then they will find a way to take another.

  36. swampy Says:

    A huge congratulations to the Mongols M.C. on this victory. That, and a huge thanks to all the Clubs and individuals instrumental in organizing Save The Patch. Highest regards and respect sent. I read some mostly favorable comments on this win in the San Jose newspaper(can’t recall the correct name.) Of course there were a couple of idiots that wouldn’t understand the violation of Constitutional Rights and the abuse of power if it were to fall upon themselves. A huge thanks to Rebel for all of his work and having the tenacity of a pit bull. Now, let us see what all variety of vermin goes scurrying when the lights come on in Waco.

    Smokey, what Tooj said, and let’s hope that baby “ejaculates” too.

  37. Outside it all. Says:

    @ Phuquehed, ahhhh! Damn man! I got some ribs out and it hurts to laugh. Fucking good one. ^^ there’s a couple of thumbs up and a atta boy for you. They say a picture is worth a thousand words, and that says it all. Fucking Pukes. {ERRR! BITCHES.}

  38. Shovelhead Says:

    Go for it Smokey. Walk up to a Mongol mc member and try to take his patch.
    Let us know how it works out for you.

    Fuck you to the Urine Order Cowards

  39. VAGO 1%er Says:


  40. The Kraut Says:

    Respects and congratulations to the Mongol Nation.

    Respect to those who warrant respect

    The Kraut

    Smokey…eat a bag of shit…the day will come when your black and white will be red all over, fucking monkey-head patch with tumors….cunts!

  41. NOS4A2 Says:


  42. Outside it all. Says:

    Congrats! to the Mongols.

  43. Outside it all. Says:

    urine odor b.c. – world wide “[open}” ????…. smokey. b.c. = BIG CUNTS. OPEN? YES YOU IS FOR EVERYBODY. Smokey????…. tell your boyfriends to use a lubricunt!

  44. The Truth Says:

    Make no mistake about it the MONGOLS MC covered the bulk of the financial burden this case brought and still are.With that being said thank you to all the clubs that donated through save the patch events,every nonprofit organization that helped,to every individual that donated the change in tbere pockets..Thank you..This case was about the people’s constitutional right!!..They start the MONGOLS MC and take tbere logo.Next is the other 1%ER clubs,then it’s family,riding clubs and anyone else tbey feel.After that who knows were they go with there win.They have to find some kind of enemy to justify there overinflated budgets.Bottomline u could be next..Truly A Historical Win.

Leave a Reply