Mongols Case To Continue

July 11, 2017

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Mongols Case To Continue

A three judge panel of the United States Court of Appeals for the Ninth Circuit reversed the dismissal of the Justice Department’s racketeering case against the Mongols Motorcycle Club today. The case will now return to the Orange County, California courtroom of District Judge David O. Carter for trial.

The case is the most recent iteration of the federal government’s $100 million dollar, decade long argument that federal policemen may ban motorcycle clubs and their insignia without violating the United States Constitution. There is significant case law that recognizes motorcycle club insignia to be constitutionally protected expression.

The federal government first tried to confiscate the Mongols identifying “collective membership marks,” including the name Mongols and a patch that depicts Genghis Khan riding a motorcycle, as part of the 2008 case United States versus Cavazos and others. The “Cavazos” in the case title was former Mongols president Ruben “Doc” Cavazos who had trademarked the Mongols membership mark through a corporation he personally owned. Cavazos was expelled from the club two months before the indictment was unsealed and immediately agreed to cooperate with prosecutors. As part of his plea deal, Cavazos agreed to forfeit the Mongols insignia to the government.

Off His Back

At the time the indictment was unsealed, a United States Attorney named Thomas P. O’Brien bragged, “In addition to pursuing the criminal charges set forth in the indictment, for the first time ever, we are seeking to forfeit the intellectual property of a gang, The name ‘Mongols,’ which is part of the gang’s ‘patch’ that members wear on their motorcycle jackets, was trademarked by the gang. The indictment alleges that this trademark is subject to forfeiture. We have filed papers seeking a court order that will prevent gang members from using or displaying the name ‘Mongols.’ If the court grants our request for this order, then if any law enforcement officer sees a Mongol wearing his patch, he will be authorized to stop that gang member and literally take the jacket right off his back.”

A Mongol named Ramon Rivera, who was not indicted in the case, sued for the right to wear his patch and won. But the same prosecutors who brought the Cavazos case, Assistant U.S. Attorneys Christopher Brunwin and Steven Welk, have continued to fight to seize the Mongols colors.

Carter’s dismissal of their case and the Ninth Circuits reversal of that dismissal is based on semantics. In order to successfully bring a case under the Racketeer Influenced and Corrupt Organizations Act the government had to prove that the “Mongols Nation, an Unincorporated Association” and the “Mongols Gang” were separate and distinct entities. Prosecutors argued that the “Mongols Gang” was a criminal enterprise and that “Mongols Nation” was a group of people associated with the “gang.”

Eyes Glaze Over

In Carter’s court, the debate over their distinctness involved questions such as whether hang arounds, prospects, wives and children were part of the Mongols Nation or the Mongols Gang and whether all patched, full members of the Mongols were part of Mongols Nation or the Mongols Gang.Throughout a series of preliminary herings, Carter asked prosecutors, “Who goes to jail?”

After considering the motion for dismissal over most of a summer, Carter eventually ruled that “there is no meaningful distinction between the association Mongol Nation and the enterprise of the Mongols Gang.”

That ruling is what the Ninth Circuit overruled today. “The district court erred in concluding that Mongol Nation and the Mongols Gang are not sufficiently distinct,” the panel ruled in an unsigned memorandum decision that cannot be cited as a precedent.

“The indictment charged Mongol Nation, an unincorporated association comprised of ‘official’ or ‘full-patch’ members of the Mongols Gang, as a RICO ‘person.’ The alleged RICO ‘enterprise,’ the Mongols Gang, is comprised of both Mongol Nation, i.e., the Mongols Gang’s official or full-patch members, and various associates…. Mongol Nation is a subset of the alleged enterprise, which consists of legally distinct and separate persons in addition to the Defendant…. Mongol Nation was alleged to be part of a larger whole, the Mongols Gang, which is comprised of additional individuals who together form the alleged enterprise, the district court erred by dismissing the indictment on distinctiveness grounds.”

Case Continues

Joseph Yanny, the Mongols attorney in this case had also argued that the whole point was to try to seize the Mongols membership marks. It is, in fact, the truth. It was suggested to prosecutors in open court as a way to do just that by a federal judge named Otis D. Wright II. After the case lingered for years, Wright got cold feet and abruptly recused himself. That was how the case wound up in Carter’s court. But the appeals judges thought that was irrelevant.

Some secret one of them wrote, “argument that remand will prove ‘futile’ because the government cannot obtain forfeiture of trademarks registered to Mongol Nation is unpersuasive. It would be premature to address whether the government will ultimately be able to secure forfeiture under (RICO) as part of the sentence in the event that the Defendant is convicted.”

So the case continues. And the Mongols legal bills grow. Which is now the actual point of the government’s case.

 

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30 Responses to “Mongols Case To Continue”

  1. Hero Says:

    @Forever, Thank you Sir for your response. Most do have the smores approach and that’s part of the leo game plan. Feed off of the Alpha mentality and to this point has served them well. I meant no disrespect about wyatt and used it as an example only. As for the ridicule and adjustment needed , for some it did come full circle. I agree with the set of values wholeheartedly, unfortunately again the “who goes” all most always is the person or persons who speaks up in favor of dramatic changes. Speaking up causes mistrust within and then its just an amount of time. I have seen it too many times. Rock the boat and you may find yourself swimming with the sharks and no land in sight. If enough rock the boat the captain will have to listen to the crew or have no one to operate the ship. I am glad you made your feelings known here and have much respect for you.

  2. david Says:

    The Declar. Of Indep. author Tom Jefferson, was completely opposed to a judiciary not recognizing the Supremacy of the Constitution, AS WRITTEN, without any fucking judicial “interpretations”, or fucking judicial “opinions”.

    In the years since 1776, many “judges” don’t know the Law as written, or know the Law and will not follow it, or think THEY are the fucking LAW, despite the fact they swore oaths to follow it. The three monkeys are clueless, yet dangerous, because they THINK they are in charge.

  3. AVAGOVFFV Says:

    Hero, Like you said. Water off a ducks ass, fuck um. Most of what you posted is spot on actually embarrassingly so. Specifically the details of Ashley Wyatt. That whole situation was a huge fuckup and he popped his cherry as a lying fuck in my house because his sponsor was driven more about a dollar, chapter size and his ego than Brotherhood and he’s yet to see that karma come back around. I get where you are coming from and where you were attempting to carry the conversation but many in the MC world see that type of philosophy as the shit shmores are made if with acatchy tune. As for being center punched or ridiculed for speaking up in defense of the lifestyle sounds like something or someone needs an adjustment.

    A bit of something I was taught awhile ago. “We are all bound by a set of values when they become more about one person or small group within then about the absolute whole its time to go. Who goes is the question.”

    VFFV LVDV
    Viva Los Vagos

  4. Daniel Rangel Says:

    Any update on David martinez ?

  5. Rangel Says:

    What’s up rebel Any update on BUMPS case

  6. Hero Says:

    @the individual who posted below this comment. Thanks for taking the 5 minutes to read my posts. The “to Zero” water off a ducks back and I am not here to internet warrior it. The point is simple. I am posting here because I don’t have the pull to reach clubs nationwide and this gives me the opportunity to speak my mind about a lifestyle I love to the people who can make the necessary changes as well as regular members of other clubs talking to their leadership to keep this life style alive and well for my children and grandchildren to enjoy when their time comes as well as the rest of our community present and future. My second post was about: hey when one of your brothers points out that changes need to be made before heading in to a disastrous place , you might want to listen to that person and consider what he is saying instead of ridiculing and mocking him because every once in a while even a blind squirrel finds a nut. Hope you enjoy your weekend and ride free.

  7. To Hero!! Says:

    To Zero..No shit tell us something we don’t know,wasted 5min of my day reading your bandwagon bullshit!! ..What was the fuckin point??To get a 100 likes or what.

  8. Hero Says:

    One more thing .

    I remember when this all started with the Mongols M.C. with the government trying to size the club patches. Myself and others like me all voiced their opinions of multi club unity only to be insulted and laughed at. We were told that we were being paranoid and conspiracy theorist. A few had their center punches taken or internal reputations diminished to the point of being unable to bring positive changes in the club. We were told that the problems the Mongols were facing was a result of the conflict at the casino with the Hells Angels. We were also told that assisting other M.C.’s were not in our best interest long term. The repeated situation with Falco could have been avoided with simple multi club communication. The government’s discovery of using the same informant in multiple different clubs showed the lack of unity in our world and they took advantage of it. I bring this up now because I have had several conversations this year where those same people came back and said, “bro you were right, now were screwed”. To that I say, no we are NOT, it is NOT too late. Get to it.

  9. Hero Says:

    The Mongols, Bandidos, Vagos, and potentially the Outlaws (via the gas station shooting) are all under the thumb of RICO. Nationwide the government is attacking the motorcycle club life style. Will this be a serious setback or start of the end for the club lifestyle? The clubs are going to be looking to finance legal defenses for the impacted club members. The members under RICO indictment are not going to be able to be active. The current members are going to be vigilantly watching for outsiders trying to steal their freedom. Recruitment is going to be impacted in two ways: potential prospects may be deterred by the possibility that the government may step in and try to take away their freedom and additionally current members are going to be reluctant to trust anyone with the feds breathing down their necks and trying to slip in informers at any opportunity to create false cases. Public incidences of violence have placed the motorcycle club community right where the feds want them. None of the broadcast or print journalism community have been willing to tell both sides of the story. Only the Aging Rebel is willing to tell it like it is and even his site has been down at least two times thanks to some outside interference (seems like Big Brother is watching) in the time I have been reading this site. The Government is also making huge strides with all these cases going on at the same time simply by making it a difficult decision for one club to financially help another knowing that they may soon find themselves in need of that defense money to keep their club free. Compound that with fund raisers now being a criminal offense and there you have it, a well devised and bumbling executed military style attack plan. Hit the enemy on all fronts, finances, membership growth and civilian hearts and minds (potential jurors, votes for more laws etc).
    My opinion.

    @Steel and @Dutchboy, could not agree more!

  10. SlimFMC Says:

    I’ve been coming to this site for at least a couple years now and always read the comments but kept my mouth shut. I’m very outspoken and very tight lipped too. I’ve been around the MC world as long as I can remember. My dad joined a MC right after he returned from Vietnam. I remember fucking cops hassling anyone with colors on a regular basis growing up in the 70’s and 80’s. When the RUB movement started I thought that things might have changed a little for people on bikes. I worded it that way because where I’m from just because you ride a bike doesn’t make you a biker. If you have to ask you wouldn’t understand. It makes me sick that we’ve regressed and the harassment has went back to if you wear colors your a criminal. How do these single brain cell mouth breathing pieces of shit suck their way into office? They will lie at the drop of a hat to try to fuck someones life up. I admit that the majority of people I know are no choir boys, but wanting to ride and party makes them less of a criminal than the crooked fucks that are our so called elected officials. I didn’t elect a single one of them but they are an official asshole. There is and never will be any justice in the country again. There hasn’t been for 30 years in my eyes.Oh, and one more thing, law abiding cocksucker go fuck yourself. It’s narrow minded people with small dick syndrome like you who perpetuate this prejudice without once in your life ever being around a MC. When you have facts other than the lies the police and government tell you clueless sheep, then you can talk shit. If you think our government doesn’t lie to cover it’s own corruption than you truly are further brain dead then first imagined. Sorry Rebel, I didn’t want my first post on here to sound like I’m just here to attack people and stir the pot more, but after years of hearing ignorant bullshit a person can only take so much.

    Respect to those who’ve earned it. FTP

  11. Tomo Says:

    @ law abiding citizen: legally, you are not and probably never will be your purported namesake. For example, read: https://mises.org/library/decriminalize-average-man.

    Hopefully someone will win the lottery and fund the Mongol’s fight ad infinitum.

  12. Stevo Says:

    For FUCKS SAKE.

    ENOUGH IS ENOUGH.

    Stevo

  13. Dennis Watson Says:

    This application is bat sh*t crazy. The fact that the court is even entertaining this aplication is bat sh*t crazy. Canada may well have fallen buy y’all are f*cked south of the 49th Parallel. What ever happened to the Oath Keepers? You know the people that swore an oath to defend the Constitution from all enemies both foreign and domestic. Where are they hiding?

    Like Steppenwolf of old, I don’t like drug dealers or organized crime. Yet Operation Fast and Furious showed us that the ATF and the CIA are the biggest drug dealers on the planet. Gary Webb was right Iran contra never stopped. Letting the government tear up the constitution is obscene.

  14. Stonekrab Says:

    Unable to wear a Patriot Guard patch while serving deceased veteran’s on their day of burial is why my 3-piece patch days are over. But that doesn’t mean I don’t miss the brotherhood. This case is about every 3-piece club out there. It’s time discord between them all should be stopped to support the Black and White. Much respect to you all!

  15. MtPockets Says:

    Dutch, you said EXACTLY what I was thinking. This IS just a test to see what they can get away with, and once precedence has been set they will be free to go after ANYONES Constitutional rights.

  16. Paula Carroll Swann Says:

    Well, keep it up and let’s take down all the golf course club members their no different than MC members. .they have the money too..let’s forfeiture their property for being a organized criminals, there’s no difference.

  17. BadBrad Says:

    To each there own if the liberal’s can ban that they can tell you what color t-shirt to wear…..fuck that

  18. stroker Says:

    The comment from “law abiding citizen” below, pretty much sums up what we, as clubs are up against. We’re not liked by many in main-stream America. BECAUSE we are not liked, we are easy to prosecute and persecute. Most of us don’t have the deep pockets necessary to fight the injustices heaped upon us by law enforcement, at the behest of worms like “lawabidingcitizen” and his ilk.
    But IF the Mongols lose this case, it will definitely open up the flood gates for government abuse, and NO organization will be safe from “RICO”.
    IF we had the proceeds from drug sales and prostitution, as LE insists we do, we’d maybe be able to mount a staunch defense. But the myth of our drug dealing etc. doesn’t pay the lawyer’s fees. Most ALL of us in the club world live day-to-day on dues, and whatever small profits we can eke out from poker runs etc. What’s coming down if the Mongols lose is the very freedom our forefathers fought to protect. Coming down from white-collared bullies in positions of power. Coming down from hypocritical assholes who resent everything about us. (How dare we show our denim-clad unshaven faces in THEIR society!)

    Oh yeah: “Law abiding citizen”: go fuck yourself.

  19. david Says:

    The three “judge” panel of stooges forgot about speaking(writing) no evil.

    The English monarchy had way more wealth than the 13 colonies before King George lost.

  20. Law abiding citizen Says:

    It’s not a club. It’s a fucking gang. A gang of thugs. No different than the Bloods or Crips. Boo fucking boo. I hope you lose it all.
    No respect for any man that wears colors.

  21. Trebor Says:

    There was an old German Philosopher who said”Only the State can sanction Violence”.In this day and age of everybody gets a trophy and all inclusive mentality,society is no longer being accepting of closed and secret society’s.Especially of the Motorcycle clubs who demand respect with the tip of their boots and the feel of closed fists.The weak are inheriting the Earth.Weak minded people are creating the policy of us all becoming androgynous.Kinda like when the Wild west was conquered and the days of Outlaws were fazed out by newly passed laws and a sense of civility was insisted upon.We live a dying lifestyle and changing with the times is a must.Nowadays you have to be very careful how you stand for yourself lest you come across the aggressor.The one who starts the shit rarely gets the blame.Usually its the one who responds who gets hemmed up.Go out in the woods Fuck with a porcupine minding its own business everyone gets mad at the porcupine for filling the shitheads hand with quills.

  22. SingSing Says:

    To piggyback on my last comment….we all know Big Brother has endless pockets and we all have read Page One of The Rule Book…
    .Stay Off The Radar .
    Now we all have to recognize The Common Enemy and come together…Pipe Dream, i know…Thank you for ypur constant vigilance on this matter Rebel.

  23. SingSing Says:

    As long as the warringvtribes and MC nations continue to showcase their violence we will continue to see the last dying gasps of this MC life. The days of violence perpetrated amongst ourselves….by ourselves…with no consequences are long behind us. We MUST band together or we will vanish individually…surely im notbyhe only one who understands this simple arithmetic…somewhere long ago the nations forgot the focus or lost their vision. Love and mad RESPECT to Mongols MC nation.

  24. Steel Says:

    This is the test case. If the Mongols are stripped of their Constitutional rights, then the government will go after every other MC. Seems the Constitution only applies to whomever the government decides it applies. Freedom of association isn’t allowed apparently by the government if you ride a motorcycle and wear a patch. Keep fighting Black and White Nation because you’re in the right.

    Respects

    Steel

  25. Terry Collins Says:

    Pay Attention America because this isn’t just about the rights of the few but the rights of everyone in America. If we as American citizens continue to let the government have their way then this nation is going to fall into the hands of evil dictators just like what are government has done to Iraq Afghanistan and is currently attempting to do in Syria.

  26. Popeye Says:

    Maybe its time for the government to take Sonnys advice when it comes to MC’s . “Just give us the money and we’ll be good” .

  27. Dutchboy Says:

    This attack is not just on the Black and White, it’s on everyone and every group. Other MCs is obvious but imagine this, “Your scout group does not allow homosexual men to be Scout Masters? We deem that CRIMINAL so we are seizing the name and emblems of your Club and you can’t say squat. Remember the Mongols case?”. Freedom of Association is a basic GOD given right. Go practice your goose-stepping somewhere else you bunch of tax sucking bastards. Fair Winds to those in the wind.

  28. Paladin Says:

    When all else fails, the government will price the Mongols MC and their members out of their Constitutionally protected rights.

    Paladin

  29. Cinco Says:

    Good luck Much Love & Respect to the MONGOLS MOTORCYCLE CLUB in the fight against the government . … FTF

  30. David Torres Says:

    Sounds like a long battle with no end in sight. Good luck to the B & W nation.

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