Superseding Bandidos Indictment

July 8, 2016

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Superseding Bandidos Indictment

There remains an “ongoing investigation…being conducted by the FBI, DEA and Texas DPS together with the Internal Revenue Service-Criminal Investigation, U.S. Customs and Border Protection, New Braunfels Police Department, Seguin Police Department, San Antonio Police Department, Bexar County Sheriff’s Department, Atascosa County Sheriff’s Department, and the Bexar County District Attorney’s Office” into real and imagined crimes committed on behalf of the Bandidos Motorcycle Club.

The point of this investigation is to provide a sort of federal firewall that will keep secret the details of the federal “investigation” that culminated in the biker brawl in the parking lot of the Twin Peaks restaurant in Waco on May 17, 2015. That cloaked investigation must be kept secret lest careers become stunted or federal law enforcement officials be exposed as criminally libel for an exercise in government provocation that left nine men dead and ruined scores of lives. “Ongoing investigations” are exempt from both evidentiary disclosures to defense attorneys and Freedom Of Information Act requests by troublesome journalists.

Maybe Donald Trump is right after all. Maybe “the system” really is “rigged.”

Press Release

Richard L. Durbin, Jr., who is the United States Attorney for the Western District of Texas – which is in San Antonio, announced that the investigation remains “ongoing” yesterday in a pair of documents. One was a 635 word press release that announced: “According to the superseding indictment, the Bandidos OMO (outlaw motorcycle organization) declared it was “at war” with the Cossacks OMO.”

There is case law that discourages prosecutors from identifying motorcycle clubs as “gangs” because that label might prejudice juries. It remains fine, however, to tell prospective jurors that club members are “outlaws.”

“The superseding indictment (also) specifically alleges a number of violent acts committed by Bandidos OMO members in furtherance of this ‘war.’  The superseding indictment also alleges that Portillo, Forster and other members of the Bandidos OMO were engaged in trafficking methamphetamine and cocaine and maintained an agreement with the Texas Mexican Mafia wherein Bandidos OMO members were not required to pay the 10-percent “dime” to the Texas Mexican mafia in exchange for permission to traffic narcotics.”

“The superseding indictment also alleges that Portillo and Southwest San Antonio Chapter member Frederick Cortez (aka “Fast Fred”) were involved in the retaliation murder of Robert Lara in January 2002 in Atascosa County for killing one of their own.  Javier Negrete, a member of the same Bandidos OMO chapter as Portillo and Cortez, was killed outside a San Antonio bar in October 2001.  Federal authorities arrested Cortez” Wednesday.


A censored (secret policemen prefer the term “redacted”) version of the superseding was released on line yesterday. Mostly, Cortez’ name has been blacked out. The new indictment alleges Cortez “was a member of the Bandidos OMO Southwest San Antonio Chapter, became a Bandidos OMO member in 2001, and was a member of the Southwest San Antonio Chapter when John Portillo was President.”

“On or about January 31, 2002, John Portillo and Frederick Cortez, aided and abetted by other Bandidos OMO members and associates, murdered Robert Lara in Atascosa County Texas, within the Western District of Texas.”

And, the new indictment alleges, “On or about January 31, 2002, in the Western District of Texas, the Defendant, John Xavier Portillo, and others, did commit an act involving murder, that is, did then and there intentionally and knowingly cause the death of an individual, namely, Robert Lara, by shooting him with a firearm, a deadly weapon, in violation of Texas Penal Code….”


That means Durbin is now threatening Portillo “and others” with the death penalty. RICO indictments are generally limited to criminal predicates from within the last decade, so how Durbin intends to fit the 14-year-old murder into this RICO case that has also been brought against former Bandidos president Jeffrey Pike and sergeant at arms Justin Cole Forster is not immediately self-evident.

Nevertheless, the cases against Pike, Portillo, Forster and Cortez are now all now blended together. Pike, Portillo and Forster are all charged with one count of conspiracy to commit violent crimes in aid of racketeering (or VICAR) and Cortez and Portillo are charged with “substantive VICAR counts.”

All four men are now scheduled for trial in October. But, given the way in which racketeering cases against motorcycle clubs usually unfold and the great uncertainty about when the “ongoing investigation” may be completed, that seems very unlikely.

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13 Responses to “Superseding Bandidos Indictment”

  1. tiopirata Says:

    It is fantasy.
    It seems these idiots believe their own press.
    Let us carefully watch what it is they do with the other hand.

  2. Brad H Says:

    Correct me if I’m wrong, but on a t.v. show , I think it was an episode of gagland, Richard Steven Merla, convicted of killing a San Antonio hero and boxer, said he committed the crime these fellas are now being charged with. I don’t remember if Merla was charged or tried for it, but, in the show, he was pissed off at Portillo for distancing the club from his actions. He threatened any Bandido who would happen to end up in the same klink as him. I kinda wonder if he’ll be a witness for the prosecution to shave time off his 40 year sentence. He has not been named in this new indictment. If the feds had any physical evidence, these men would have been arrested long ago.

    With the death penalty hanging over them now, the game will be get the Bandits to accept Rico charges.

    The Revolution will not be televised!

    It’s happening in Dallas as we speak!


  3. IronRider Says:

    “ongoing investigation” Ah yes the favorite term of the US DOJ when they don’t have fuck all on you, but will leave the case hanging over an indicted person’s head in hope that they will buckle under the pressure financially and personally.

    The Feds know they can drag RICO out as long as they want and the courts wont do squat because the US DOJ can cite their favorite fallback of “ongoing investigation” while they can hopefully cobble something together that will stick.

    RICO frequently used in mob cases and really what RICO was brought in for really doesnt fit this, but the US DOJ knows that it can drag a case on for years by charging someone with it, I would bet they are hoping one of the three indicted will buckle and give up the others so they can save face. Good luck with that.

  4. Gus Says:

    We beat ourselves up with disgust, anxiety, and frustration over the indecency and deliberate stonewalling of “fairness” in our court systems. I am resolved that there has not been true justice since the introduction of the plea bargain. Innocent folks have plead guilty to charges of which they were completely innocent based on fear and manipulation. “IF they find you guilty, you could be facing X.” This debaucle they have woven in Wacco will eliminate, not threaten mind you, any possibility of true justice. I am outraged. But the legal system, with elected officials, has no management, no supervision, other than the people who elected them. There is no recourse except higher courts and this case may never make through the local courts. It will linger on behind this wall of “on going investigation.” The solution is revolution, but the vast majority of people just don’t give a shit. But then, what do I know.

  5. Rebel Says:

    Dear Brad H,

    The Gangland Episode, titled “Bandido Army,” was first broadcast on December 10, 2009.


  6. Nihilist Says:

    Hmmm…”ongoing investigation” as in, the past 14 years? Redacted information, held without bond, and snippets of a tv show produced under the auspices of the BATFE used in court. And not a peep from the MSM (aside from banners screaming Biker Gang Shootout). Thanks, Rebel, for keeping on top of it all. Man, this stinks bad.

  7. East Coast Says:

    As a fairly street educated, almost over the hill, life long wind addict and brother to many, I occasionally offer my opinion. So…

    @Gus- The court/legal system is a parallel of the legislative and executive branches. All corrupt, owner by others, and does not even resemble its intended purpose.
    It is, for certain, all “rigged”.
    The only way to fix any of it is to have them put their hands in their own pockets and act as their voters require them to act.
    With this country full of sheople, and it mostly be our asses in the slings, nothing changes until something changes.
    To quote an intelligent fellow Rebel fan:
    “Rope, Tree….”

    Our only chance is to unite.

    Thanks Rebel


  8. Brad H Says:

    Dear Rebel:

    Thanks for the reminder. I don’t watch t.v. and saw it online somewhere along the way.

    Something I’ve been wondering about, would it be possible the feds have held Mr. Mertas’, I don’t know if you would call it a confession, but information back waiting for the ‘proper’ time to use it? Capital offences have no statute of limitations. Hanging shit over an inmates’ head and then dangling a carrot in front of him is not out of line behavior for feds. I didn’t mean to disparage a man who’s down. I believe much of the Texas Rocker case has been built over more than just the last couple of years.

    Much like the Black Panthers, Students for a Democratic Society, Weather Underground, American Indian Movement and other groups, the COC&I has been gaining steam and leverage. Grassroots movements such as these have always been terminated with bloodshed. wako was that moment in time for motorcycle clubs. Any who believe otherwise, I would ask to study these groups and also the American Revolution.

    Thanks for all those who post here, even those I disagree with. You’re exercising one of our inalienable rights when you do so. A right that is being chipped away at and bastardized at a breakneck pace by alphabet gangs that do not think we should be able to speak our minds, and will go to any lengths to stop us. Again, I reference wako as evidence.


  9. BMW Says:

    Man, these fifth rate LEO wannabes will do or say anything to divert attention from the long list of criminal activity fostered by agents of the ATF! Remember, the entire “Gangland” television show idea was an idea to divert attention from EARLIER ATF screw-up, including the ORIGINAL Waco mass murder conspiracy!

  10. bones_1973 Says:

    I give up and don’t give a fuck anymore,popin corn and waitin for more,the revolution truly is now being televised

  11. Hangaround Says:

    Hey Rebel, Thanks for being a troublesome journalist.

  12. cwb_joker Says:

    Are they just making up laws at this point?
    What the fuck happened to having proof or evidence of a crime.
    Beyond fucked up this is what we pay these suits to do with our taxs.
    While muslims are training in our fucking homeland.


  13. Mike Smith Says:

    During my last sentence, fifteen and a half years, I read just about every one of the RICO indictments taken out against the Clubs.

    They are usually on the twentieth superseding before the trial ever starts. The majority of the offenses are petty beyond belief.

    One Outlaw was charged with “Distribution of Cocaine” because he put out some lines in a wrecking yard.

    One crew got interstate commerce because the bar that they partied in sold orange juice and it was transported in inter state commerce. You cannot make this shit up. Misdemeanor assault charges. The shit gets pettier with every following count.

    The Brothers stay in bull shit jails and pre-trial detention centers for years before the first witness is ever called. Then the trials can take 18 months or more before the jury gets it. By that time the jury has no idea what was said. They just know that they lost over a year of their life because of the defendants. So they hurry up and vote to convict. They convict on everything because weighing each charge is way to tedious a thing. Then the Appeals Court affirms in an Unpublished Opinion.

    And the prosecution/the government is free to charge RICO defendants with charges that they were acquitted of in state court. But the defendants cannot tell the jury that they have already been found not guilty.

    Then there are the charges that are so old no one that could testify in your behalf is left alive or remembers what happened. The Feds get a cop to read the notes into the record as testimony.

    This is the real deal here.

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