Mongols Nation Case Dances On Pin

April 24, 2018

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Mongols Nation Case Dances On Pin

The Mongols Nation case, United States versus Mongol Nation: An Unincorporated Association, is scheduled for trial June 26 before District Judge David O. Carter in the Ronald Reagan Federal Courthouse in Santa Ana, California June 26.

This case is about authorizing police to rip the patches off motorcycle club members’ backs and it began, in what most human beings consider to be consensual reality, “in or about June, 2005” when an ATF Case Agent named John Ciccone convinced a member of the Mongols Camarillo chapter named T.J. Stansbury, who had been caught selling steroids by mail, to inform on his club brothers and introduce ATF undercover agents into the club. The case eventually got the public relations name “Operation Black Rain.” The investigation abruptly ended in October 2008, simultaneously with the murder of a Mongol named Manuel Vincent “Hitman” Martin. Then the investigation became a racketeering case titled U.S. v. Cavazos et al. It was named for the former Mongols president who had already been expelled from the club before the indictment was unsealed.

The Cavazos case was not cost efficient or even particularly successful. Ruben “Doc” Cavazos, for whom the case was named, had more or less promised the government the Mongols name and insignia on a silver platter. Unfortunately for the government big brains who prosecuted Cavazos, that turned out to be unconstitutional and Doc Cavazos was sentenced, in a secret hearing in a closed court, to 14 years in prison. Witnesses would later say that Ciccone laughed at him.

Mulligan

Eventually, the federal judge who sentenced Cavazos, Otis D. Wright II – who identified with prosecutors more strongly than with defendants – decided to give the Cavazos prosecutors a Mulligan. Following Wright’s legal instructions to a tee, the Cavazos prosecutors filed the Mongols Nation case in 2013. Wright presided over the case with an unethically heavy hand until he realized that his antics might attract the notice of the national press. On the eve of trial, he recused himself. After a misstep or two the case landed in Judge Carter’s court for reasons you don’t care about and that would only require more words to explain. (You have already had to read 325 words just to get this far into this preface – which is the reason why this prosecution ceased to be a national story long ago. Three hundred twenty-five words is, like, six normal television stories.)

To try to make a long story shorter, Carter dismissed the case on highly technical grounds – which is: “the distinction between RICO persons and RICO enterprises.” Judge Carter thought, in a decision loaded with Venn diagrams, that the government failed to make that distinction. The government appealed to the Ninth Circuit. Appeals judges love things like purely symbolic representations of legal truths, so the appeals judges overruled Carter’s dismissal.

Now, here we all are, a mere 13 years into the case. There will probably be a trial. It will probably be a jury trial, and so no one is shocked or surprised, the author of this page, Donald Charles Davis, is a consultant in the case for the defense and will probably testify for the defense at trial. If there is a trial.

But First

First the lawyers have to get through a motion hearing scheduled for May 21. So far the Mongols lawyer, Joe Yanny, has filed six motions.

One asks the court to separate the penalty phase of the trial from the issue of whether Mongols Nation is guilty of racketeering. The whole point of this case has always been to seize control of the Mongols name and insignia by way of civil forfeiture. The government thinks Yanny;s motion should “be denied.”

Another motion asks that the government to “discover” (which is lawyer talk for “stop hiding”) the evidence in its possession to the defense. The government’s reply to that is, ‘How do you know we are hiding evidence? What makes you think we haven’t given you everything? Are you saying we have a leak! Leakers should be prosecuted! Why isn’t the FBI looking into this leaker problem!?!”

Another motion asks the government to limit expert testimony. It is customary to fill motorcycle club trials with the testimony of police experts. In this case, some of those experts will probably be the same undercover ATF agents who investigated the Mongols during Operation Black Rain. One of those agents, Darrin Kozlowski, testified at the trial of Bandido Jake Carrizal last fall in Waco. Kozlowski lied during his testimony. The government, of course, objects to the defense motion.

The defense also wants Carter to forbid the prosecution from introducing evidence of what lawyers call Malum In Se crimes, which are crimes that are inherently evil like murder as opposed to crimes that merely violate some law, like the law against smoking marijuana. And Yanny wants to prohibit prejudicial statements and testimony by the prosecutors – things like the word “gang” or what red wings mean.

And Now This

But the most important of these pretrial motions so far is one that asks the court to “bifurcate the issue of whether the Mongols MC…is a legally distinct entity from the Defendant, Mongols Nation.” It is the key issue in the case and, because it is obtuse, it inoculates this case against national press coverage.

The RICO statute, which has drifted far from its original harbor, prohibits “any person employed by or associated with any enterprise” from “participating…in the conduct of such enterprise’s affairs through a pattern of racketeering activity.” Case law has interpreted that part of the statute to mean that the RICO “person” must be distinct from the RICO “enterprise. The RICO person is the named defendant while the RICO enterprise can be either a legal entity or an association-in-fact.

In this case, the government didn’t try to prosecute the Mongols Motorcycle Club. Instead, prosecutors invented a “person” named Mongol Nation because that was what Judge Wright told them to do when he sowed the wind.

In its reply to Yanny’s motion, the government argues: “In Cedric Kushner Promotions, Ltd.v.. King, the Supreme Court held that ‘to establish liability…one must allege and prove the existence of two distinct entities: (1) a ‘person’; and (2) an ‘enterprise’ that is not simply the same ‘person’ referred to by a different name. Cedric Kushner stands for the proposition that the distinctiveness requirement is satisfied by ‘practical separateness,’ a determination that will obviously and necessarily depend upon the government’s evidence presented at trial.”

“Defendant concedes, as it must, that the appellate court’s holding established that the government properly alleged distinctiveness in the indictment. The argument defendant appears to be making – that is, that the issue of distinctiveness can be determined as an ‘independent issue’ apart from the ultimate issues relating to criminal culpability – is devoid of both substance and logic.”

Got that? That’s okay. Nobody else gets it either.

The government’s prose does not exactly sing. Its argument is medieval rather than compelling. The point of all this twisted logic seems to be to have Ciccone and Kozlowski tell a jury war stories for a couple of weeks and then let the jurors decide whether the Mongols Nation and the Mongols Motorcycle Club are legally distinct from each other or not.

People who care about legal technicalities will find out whether Judge Carter is going to let the government get away with that late next month. No doubt they await his decision as children anticipate the coming of the Easter Bunny. Everybody else stopped reading this 800 words ago.

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30 Responses to “Mongols Nation Case Dances On Pin”

  1. Rook Says:

    After reading this puzzle im completely convinced this whole sham / scam goes against the constitution of these United States and should be outed by the defendants as such.
    And with that I can see no upstanding officer of the court proceeding further with anything to do with or any part of any case close to something like this less they be disbarred from any law practices in any Fed or state jurisdiction!
    But that’s just how this buckshot rolls around in my head
    Good luck to the Mongols mc / nation !
    FTF.

    ROOK 1%ER

  2. ell Says:

    Nice recap as always Reb.

    I’d add one more thing: this case has been from its inception, and in my humble opinion only, an attempt to bankrupt the Mongols MC by filing a criminal charge that will take a lot of lawyer hours to defend. To think what kind of fees the Mongols have spent defending this suit, defending the appeal to the 9th Circuit, and to take this case to trial. The federal government knows exactly what it’s doing. Whether it wins or loses at trial, it will consider this a win. All on the taxpayer’s dime, of course.

  3. david Says:

    “The instinct of nearly ALL societies is to lock up anyone who is truly free” – Emma Goldman

    John Stuart Mill (1806-1873) – “Society….practices a social tyranny MORE formidable than many kinds of political oppression. Protection against the tyranny of the prevailing opinion and feelings, against the tendency of SOCIETY to impose, by other means than civil penalties, ITS OWN IDEAS and practices as ‘rules of conduct’ on those who dissent from them.,”

    Ball-less “tyrants’ among the general population seek to have the state impose their rules upon the entire population by means of bull-shit gov. statutes, rules, policies and court-decisions. So-called “society” itself, is behind ALL gov. crackdowns, “investigations”, harassments, prosecutions and repeated attempts to eliminate free speech and association, because MC’s do not give one shit what society thinks or feels.

  4. Stevo Says:

    Rebel,

    With all the expertise you’re picking up here you can’t be far from a law degree!!

    L&R,

    Stevo

  5. Rebel Says:

    Dear Bone Head,

    The issue of whether the prosecution is malicious or not came up a couple of years ago. Judge Carter ruled against it. So it is all good. Future prosecutions against the Mongols will require new predicate acts. However this goes, and I think the Mongols Nation will be acquitted, that will be the end of this case.

    Rebel

  6. Junkman13 Says:

    The government (prosecution) is just trying to keep the case going in the hopes of exhausting the resources of the club..and winning by default…fuck that! Other clubs need to take this issue very seriously..they could be next on the list..Hopefully the constitution will prevail..

  7. Steel Says:

    This is all part of the overall plan to nullify the Constitution. Freedom of Association in this case. Freedom of Speech already being killed off slowly through social media and the news media practicing political correctness. All patch holders have interest in the Mongols winning because if they lose other MCs then become the target using this case as precedent. Thanks for the brilliant reporting Rebel.

    Respects,

    Steel

  8. Phuquehed Says:

    Fuck…sorry that turned out so long.

  9. Phuquehed Says:

    Oh, the sheeple *are* pissed at the government and the law and the abuses it’s heaping on everyone.

    Problem is, they can rant and rave all they want, but when it comes time to actually be able to *do* something – like be on a jury that could end much of this government bullshit – they become spineless pussies suddenly scared to death of the government they were earlier ranting about.

    My mom’s one of those spineless worms. She’ll be the first to tell you how our government (and especially Dem’s) is so full of shit the planet stinks. I told her to stop filling out the Census Bureau thing because it’s just another way for the government to keep track of you.

    She jumped right on that. She saw a way to flip the bird to the government…except when it actually came time to do it. The shit came in the mail one day and I’d been away at a friends for a few days partying. Get home and find out she’d filled it out “Because it says I could be fined and go to jail if I didn’t.”

    And that’s the sheeple of this nation. They start off ignorant, stay too lazy to research anything, procreate and thus spread more of the ignorance, ad nausea.

    All the government has to do is slap it’s little label/tag on anything it wants, that says ‘doing this or that is illegal’ – just like those stupid tags on matresses and such – and the sheeple being pussies and ignorant buffoons will comply.

    The government is using motorcycle MC’s as the scapegoats to start doing this, because as someone said in a book I read (I think it was one of Rebel’s books), and I’m paraphrasing here, ‘Why work hard trying to get *real* gangs taken down, when it’s so much easier when we can label MC’s as gangs because they’re so easy to identify…they all wear a patch on their backs saying so’.

    FTG, ACAB, TOSIAR

  10. Bone Head Says:

    IF the jury returns a “not guilty” verdict, this will be the second (?) time that the issue of the club patch has blown up in the prosecutions’ face. At what point can the Mongols sue the government to have them stop repeated charges over this?

    I apologize if that’s a stupid question, but damn…

  11. SharkRib Says:

    Completely eliminates the concepts of criminal intent and destroys freedom of association, freedom of speech. Welcome to the gulag.

  12. Igo Says:

    Let me see if I’m getting this. SO, IF we use the example of “Red Sox Nation” in place of “Mongol Nation”, then that would include (by the courts finding of one in the same)ANY PERSON that had the least hint of ANY trace to the name (a grandmother wearing a pink Red Sox hat for example)could be charged with criminal conspiracy for being part “Of the nation” It would in effect make a conspiracy crime out of mere possession of support gear (Never mind wearing it) Am I seeing this correctly? If so, this is a VERY dangerous precedent to set, and really effectively outlaw (or give a legal precedent to)ANYBODY having ANY trace to a group they target (never mind having a REAL connection to, not to even go as far as to being a member)….

  13. Paladin Says:

    @ Not the 99;

    If you and others are confused, how do you think the jury will feel? The prosecution will attempt to link “A” to “Z”, circumventing “B” through “Y”. The jury will hear and remember the word “persons” and the word “enterprise”. After the prosecution and their “experts” get through with all their tall tales, the jury is apt to come to the conclusion that these “persons” have done a variety of really bad things, so they must be a very “enterprising” gang.

    Long May You Ride,

    Paladin

  14. Freebird Says:

    So what your saying is….. this is an all out war against inanimate object’s that may or may not pose a clear and present danger to the socially acceptable standards of our Govt?

  15. stroker Says:

    GAWD Rebel……I hope you understand all that barely legible mumbo-jumbo better than most of us commenting here! I firmly believe that these persecutors are trying for the “snowball” effect with all their word twisting! Keep throwing enough legalese around with important sounding words until the jury’s eyes glaze over, and they’ll melt into little puddles of “OK….whatever you said”!
    Utter waste of taxpayer’s money.
    Sad commentary on the state of the union.
    (Great job reporting it, however)

    CTL

  16. Dutchboy Says:

    Simple rule of thumb, if it can’t be explained in a way that a 12 year old can understand then it is mostly BULL SHIT. The LEOs love the idea of making wearing a patch a crime in and of itself. Many are hiding in the bathroom, touching their naughty parts thinking about “ripping the jackets of the backs” of better men than they will ever be.

  17. jrino Says:

    I read a article the other day where a monkey took a picture of himself with a phone that was left near him, and PITA tried to prove in court that the picture was the sole property of the monkey and the owner of the phone was in violation of the monkeys rights by using the image. My question is who is going to cross examine the “mongol patch” and does it have the right to remain silent?

  18. RLG Says:

    Dear Rebel,

    “(…) and then let the jurors decide whether the Mongols Nation and the Mongols Motorcycle Club are legally distinct from each other or not”

    In your personal opinion, would a supporter (who has never been to a clubhouse) be a member of Mongols Nation? A member of Mongols MC? Would a ‘hang around’ be a member of Mongols Nation and/or Mongols MC?

    Thank you for all your hard work reporting on this!

    Best,

    RLG

  19. Desdicado Says:

    The bottom line is that the Feds hate to lose. They will never quit as long as they can depend on like minded accomplices in the judiciary to allow these travesties to go on.

  20. oldskewl Says:

    This case could result in arms reaching out well beyond the 1&er world. This is one everyone should be following closely.

  21. MtPockets Says:

    I agree that the govt will never admit to the illegality of their backroom dealings, but I also believe that there are a lot of Americans who are fed up with the bullshit that the govt has been pulling.
    When in a jury trial- and hell, just in conversations with your average Joe, I think it’s important to push the angle that some members of our law enforcement operate outside of the law. The more that the truth is exposed to how badly some in our govt have been trampling on our Constitutional Rights, the better off the entire Country will be.
    Will it be a get-out-of-jail-free card? No, but with more and more average Americans seeing the truth, eventually some good will come out of it.

  22. Curbside Says:

    growlingfhardt Says:
    April 24, 2018 at 9:06 pm
    This is by far the best and clearest explanation I’ve heard of this case.

    And even then, the gov’t logic at play here is a total clusterfuck. I’m glad I’m not the only one reading this that can’t seem to figure out what’s going on!

  23. Woodstock Says:

    growlingfhart
    No,there is 0 chance of getting a criminal organization to find itself guilty of being a criminal organization.

  24. Gypsy Girl Says:

    Wow, I hope the jury is composed of people with much more intelligence than I have. I feel like a dumb blonde after trying to comprehend what the hell the government is attempting to do here.

    What I think I have a (tiny) handle on is what an incredibly dangerous precedent this case would create if the prosecution is successful. Not only could this open the doors for further prosecutions of other clubs and their members, but as growlingfhardt pointed out, it could allow the government to legally deny some of our constitutional rights. I wish mainstream journalism covered more of these trials so a greater number of the population can see for themselves what our government is doing, like creating a fictitious ‘person’ so they can fit this case into the RICO statute.

    My brain hurts, time for this dumb blonde to get some sleep.

    Press on,
    Gypsy

  25. growlingfhardt Says:

    This is by far the best and clearest explanation I’ve heard of this case. Many Thanks Rebel.
    This case is the ‘tip of the spear’ regarding how the government desires to control We The People and to do so in unconstitutional ways of implementation: to wit; to deny us our Right to assemble, and our Right to express ourselves.
    Would it be possible to counter-argue the government’s case against the Mongols by asserting that the government is a criminal organization in its attempt to violate the US Constitution and the Bill of Rights, and its attorneys in Court are associates of the said RICO government.

  26. jay Says:

    “if you can’t stun ’em with brilliance, baffle ’em with bullshit.”

  27. Bone Head Says:

    I’m just as confused as Not the 99. I do wish the Mongols M.C. luck with this. I also get the fact that it isn’t just about the Mongols, but all patch holders and their respective clubs.

  28. Freebird Says:

    I now have this overwhelming urge to go watch grass grow…..

  29. Sieg Says:

    It just keeps getting deeper.

    Just-Us

    If you actually get to the stand, I know you’ll give ’em hell!

    FTF/FTP
    TOSIAR
    KROTN

  30. Not the 99 Says:

    I forced myself to read it all, and re-read many parts of it.
    I’m completely confused!
    This shall be one entertaining shit show for sure.
    Maybe you can simplify this for us less smarter guys. Lolololololol

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