Mongols Trial On Again

June 7, 2018

All Posts, News

Mongols Trial On Again

Two days after postponing the Mongol Nation racketeering trial, Federal District Judge David O. Carter reversed himself yesterday and reinstated the original trial date of June 26. On Monday Carter had moved the trial to October 23.

At its heart, the federal racketeering prosecution is intended to rid the United States of motorcycle clubs by forbidding those clubs to use their own names and outlawing the display of their highly visible and unique insignia. The United States Bureau of Alcohol, Tobacco, Firearms and Explosives has led the effort to solve the imagined, worldwide “motorcycle gang problem” since the 1990s.

For example, the Bureau assisted various state governments in Australia in creating laws that would forbid members of the Hells Angels, Rebels, Comancheros, Gypsy Jokers, Finks, Bandidos, Black Uhlans and other motorcycle clubs from wearing their insignia in public places, engaging in certain businesses, gathering in groups of three or more and securing their clubhouses. All of that would be unconstitutional in the United States.

Cavazos

Instead, during a massive and stunningly expensive infiltration of the Mongols that began in 2006, undercover ATF agents convinced then Mongols president Ruben “Doc” Cavazos to trademark the Mongols insignia in the name of his private corporation, Shotgun Productions, LLC. Cavazos was eventually expelled from the club but the trademarks remained registered to Shotgun Productions and after Cavazos was arrested in 2008, he arranged a plea deal with prosecutors. As part of that deal he agreed to forfeit the Mongols trademarks to the government.

The government lawyers who pursued this strategy for solving “motorcycle gang problem,” prosecutor Christopher Brunwin and asset forfeiture specialist Stephen Welk are the same lawyers pursuing the current Mongol Nation case.

The first attempt to seize the Mongols trademarks failed because motorcycle club insignia are not ordinary trademarks. They are a special category of trademarks called “collective membership marks.” In both criminal and civil cases, federal judges ruled that the name and insignia of a motorcycle club is constitutionally protected expression and that the government cannot seize or silence that expression any more than it can forbid the use of the Christian cross, the Masonic square and compasses or the Nazi swastika. Prosecutors might not like the expression but they have no right to forbid what people say, write or wear unless that expression is a clear and imminent threat.

Mongol Nation

In a court filing to strip Shotgun Productions of the Mongols collective membership marks, then Mongols president Hector Gonzalez argued, “Mongol Nation has invested substantial effort over the years in the advertising and promotion of its products and services to develop goodwill associated with” its marks. “Members of Mongol Nation are recognized by their jackets which prominently display the Word and Rider Marks on the back.” Those marks “are, and have always been, owned by Mongol Nation.”

Welk and Brunwin appealed the lower court rulings and lost. So next, in February 2013, they indicted “Mongol Nation” with the intention of stealing the Mongols Motorcycle Club’s trademarks.

The government’s actions in Mongol Nation have always been mendacious and corrupt. A Mongols attorney named Bob Bernstein tried to get the original judge in the case, Otis D. Wright, II, to dismiss the case. Wright had actually suggested the case to Brunwin and Welk in open court and he went out of his way to humiliate Bernstein for suggesting the case was meritless. Bernstein resigned and was replaced by current Mongols attorney Joseph Yanny.

Judge Quits

Yanny scared Wright, Brunwin and Welk more than Bernstein had. Yanny tried to get Wright disqualified and was denied by a senior judge named Manuel L. Real. The trial of the case was delayed multiple times at Brunwin’s request. Numerous motions were filed. Finally, in May 2015 Judge Wright resigned from the case declaring to Yanny and the Mongols, “You win.”

The case was briefly assigned to Judge John A. Kronstadt, then after more motions by Yanny, the case was transferred to Judge Carter in June 2015. Virtually, Carter’s first words at the first hearing were to ask Brunwin, if the government’s prosecution was successful, “Who goes to jail?” The answer, of course, was no one.

In July 2015, Yanny filed a motion to both dismiss the case and sanction Brunwin and Welk. On September 16, 2015 Carter dismissed the case but refused to sanction the prosecutors. Brunwin appealed the dismissal.to the Ninth Circuit which overruled Carter on very technical grounds that had nothing to do with the merits of the government’s case.

Now, at last, Mongol Nation appears to be going to trial. The guilt phase of that trial should last at least six weeks. The punishment phase, in which a jury decides how Mongol Nation should be punished if it is found guilty, will follow the jury’s verdict.

Share
, ,

29 Responses to “Mongols Trial On Again”

  1. Sieg Says:

    Rebel, you might want to clean that steaming pile posting as “Shovel” in this and another thread off the sidewalk. It’s none other than euaceeeefuckme whatever the fuck it’s name was. The Listerine-crazed chick who thought her opinion mattered.

    FTF/FTP
    TOSIAR

  2. Shovel Says:

    Jessie was working for C.I.D. when he joined the Mongols. Air America on behalf of the C.i.A. was flying heroin into Jessie’s Naval base at the time. The Pentagon at Nixon’s behest wanted to find out where it was going. When Jessie learned the Mongols were not involved in illegal drugs Jessie was reassigned. Case closed. Jessie is a hero inspire of his big mouth.

  3. Muck 1%er Says:

    Apologies for the double post. I dunno what happened

  4. Muck 1%er Says:

    @ Rebel
    Will you be covering the trial?

  5. Muck 1%er Says:

    @Rebel
    Will you be covering the trial?

  6. Johnboy Says:

    @Bobby Your response is copy and pasted. I read your exact response on another post.

  7. Sieg Says:

    Eochaidh OghaChruithne, just a few small notes, and you can get back to your mouthwash.

    Jesse Ventura retired from the Mongols. People do that. Very doubtful that he joined to run meth into a Navy base. Even more doubtful that he could have done so without getting popped.

    The Mongols M.C. was founded by White and Latino Brothers as a motorcycle club. You can tell that by the initials “MC” on their colors. Colors are those patches they wear on the back of their vests. They were not started, and to this day do not function as a Chicano cultural society.

    OUR President, in his capacity as Commander-in-Chief of the United States military establishment, rendered the hand-salute to Kim Jong un in his capacity as the Commander-in-Chief of the military establishment of the People’s Republic of North Korea. You may note that he didn’t, as did hie predecessor, BOW to the head of a foreign power.

    Take care now.

    FTF/FTP
    TOSIAR

  8. Bobby Says:

    HERbert was very much a member in good standing when he shot unarmed men getting gas and to say otherwise is just dishonest and it makes me really wonder about your sources. He will also be testifying, the Feds had Josh with in hours and he immediately began cooperating. That’s why he was allowed to stay out and pay visits to his “brothers” they wanted to show a conspiracy and he helped them do it. Also why he is no loner going to court. His case will be settled once he finishes singing and honestly it all starts at the top. If you think there not gonna show Tiny Dave wearing an adios shirt then your foolish. Starting to actually make it too easy for these Feds. That Mongirl who ambushed the charity event in Bakersfield just gave them even more! It was all premeditated, they even texted it! Too bad for him he had bad aim and got himself shot up and killed bye a man but honestly if something doesmt come in to California like prison politics or some way of keeping the shit to a minimum all clubs are gonna be gone soon. Getting shot of your scoot just isn’t the way we’re all going to keep this thing alive and I know there is shitry acts on both sides and all clubs have a member or two who have acted cowardly and helped fame these flames but I just hope it eventually stops. We have far more to fight for then to fight. Against and it’s gonna effect us all. Take er easy.. Appreciate what you do Rebel! Last of a dying breed that’s for sure. Bobby Belfast 1%er

    all Jesse was saying is that if there was illegal stuff I didn’t know about it, I usually left the room etc. he seems to be very proud of his time as a Mongol and always speaks of them with the utmost respect so not sure where the Ventura Joe Rogan point was. My point is do you want to ride or be right? Eventually there will be none left and the single man standing all bye himself can talk about how his club is number 1 but unfortunately there will be no one around to listen!!

    david Says:

  9. Sieg Says:

    Eochaidh OghaChruithne, they got meds for that now, you know.

    Lot of stand-up White men along with the Chicanos who jumped up the Mongols. Still a lot of them there. IT was never intended to be a Xicano entity, but a motorcycle club.

    Why should they have denied Jessie a patch because he was military? Been active-duty military in clubs since the 30’s, hell, there’s been Patches born in the military and carried to the World.

    FTF/FTP
    TOSIAR

  10. Paladin Says:

    @ jonny sumo;

    The Feds have bulldozed a long and winding road with this case. To put it all in perspective, you might (if you already haven’t) read Rebel’s archived stories on this case.

    Suffice it to say that if the Feds win this case, it will affect the First Amendment rights of bikers and citizens alike. If the Feds do win, an appeal to the U.S. Supreme Court is most likely.

    Paladin

  11. jonny sumo Says:

    It seems from coming here, and repeatedly reading Out Bad,that your federal law people target this club more than others. Is it just that they have started with this one and will apply what they achieve on others?
    There seems to be a disproportionate effort against this club to me, all the RICO conspiracy stuff etc and the frightening power that is brought against ordinary people.
    Scary that most people indicted choose to plead guilty to avoind horrific sentences….peace to all, J

  12. jesus martinez Says:

    hey just heard that 11 more chapters of Mongols MC indicted…any word on that Rebel?

  13. david Says:

    @ Eochaidh: Valid point, and timely article by Speri. The Stormtroopers have been around for some time and the Fascist Shit-Show is on, NOW.

    The bull-shit federal show in Cali., the previous shit-show on the other side of the country, and everywhere in between, is prima facie evidence it’s all over but the shouting.

    Big T’s campaign slogan, Make America great again, didn’t mention,or include, the American people.

  14. Mark Says:

    @ Penguin
    Material Support, must be a new government lawyer wordsmithed way to justify, Collateral Damage when innocent people die at the hands of government jackbooths. That’s the way I read it, a new way to box people up, prison or the grave, El cajon.

  15. Filburt Says:

    Time for WTP to use RICO on the government.

  16. Penguin Says:

    “terrorism” and “terrorist”, being name-calling and semantic equivalent to “outlaw”, some of y’all might wanna read this:

    “…cooking and cleaning for terrorists, even when done under threat of death, qualifies as providing material support and justification for deporting someone. The immigration court’s catch-all interpretation of material support aligns with how it has been used in federal criminal cases, where the law has allowed prosecutors to charge people for vague, often nonviolent offenses related to terrorism…”

    https://theintercept.com/2018/06/09/immigration-terrorism-prosecutions-material-support-united-states/

    And the man’s not persnickety about citizenship either…they’ve deported native born before…

    Soooo The chick sweeping the floor down at th’ clubhouse… They’ll lean on anybody like that, no? Bet me. And nobody’s forced her to sweep, that makes it voluntary, even worse!

  17. Mark Says:

    This all proves the government has too much of the citizen’s money and way too much time on their hands. Frankly, I was thrown a loop to read that a government lawyer can and does specializing in forfeitures. Stealing from citizens, is now a specialized area of government lawyering. Absolutely shocking and a crime the Founders would have gladly hung anyone who even thought of engaging in such attacks of American Citizens. WOW! Stealing from it’s own citizens is now a specialized government job description, beyond criminal and huge red flag that there are people in government that hate the American People.

  18. Mike e swan Says:

    People think this will only effect mc but if the gov win they could go after bsa knight of columbas or anyone group they think is a danger

  19. TX_Biker Says:

    Best wishes to the Mongol Nation. I hope things go your way for all our sake.

  20. Penguin Says:

    I bet Big V is right on in most examples. Maybe in past times, but most actual conspiracies are limited on a need-to-know, for very good and practical reasons…whether or not said conspiracy is illegal or legal (most conspiracies are legal). Why would anybody discuss a crime with the whole club? Well, if the speaker was a cop undercover maybe, or an agent of cops… Private plans are…get this…Private. This is true of the Ladies Club discussing a book or al-kinda (or CIA or DoD) planning to blow a bridge.

  21. Vince Says:

    There were similar court cases and edicts passed into law in Germany in the 30’s and 40’s. We all know what that led to. When everyone else is taken away, and the authorities come for you, what will you say in your defense?

  22. freebird Says:

    What could they possibly discuss at this point that would require 6 weeks. Are they attempting to re-invent the wheel?

  23. Penguin Says:

    I remember that ER article…1974 or so. Made good story… “Kid in a Chevy giving me the high sign…” – was a Pan, I think. I was building a flathead mustang (Indian 80 flywheels in WL). Zillion years ago…

  24. BigV Says:

    At no 1% or Outlaw or Club Motorcycle meeting: be it at a COC meeting, NCOM, a run, church, road map planning, or bullpuckey session at the bar- are crimes discussed.

    Ventura is just some other asshole trying to make money off a club’s name and his former association.

    Illegal activity and motorcycle club business is not discussed together. It is not done.

    If someone chooses to break the law then they break the law, not the whole club.

    What someone dumb person does when he is not wearing his cut, is not club business. When he is conducting any form of for-profit business- he is conducting non-club business.

    Clubs are biking and brotherhood. Period. If some fool needs a patch or a support shirt or a soft patch to give him the man hood he lacks to do his for-profit business- then he does not belong in a club.

    That includes Ventura. If he gave a shit, he wouldn’t have rabbited out of Southern California. And he can stick to chasing big foot and aliens and stay out of using an MC’s name to further his PR agenda.

  25. oldskewl Says:

    The DEA will never win this case, it’s been decided too many times as it is.
    A clear argument would be the casting couch in hollywood, all these rapes and sexual assults, drugs, overdoses and scandals that plagued the industry would mean the government could seize any and all trademarks for actors like SAG and American Federation of Television and Radio Artists (AFTRA) at their discretion.

    Just my 2 cents

  26. Igo Says:

    I remember reading a fiction story in Easyriders back in the 70s Called “For their own good”,about a guy donning “federally outlawed” colors, and riding a “Illegal chopper” on a abandoned stretch of highway. It ending in him riding onto a regular road (being unwilling to end the ride anymore) and being shot dead by law enforcement(for nothing more than wearing the patch, and riding the “illegal motorcycle”) for federal crimes. I guess the only real fiction part would be the speech the cop gives at the site of the shooting, stating “Don’t they know we only make these laws for their own good???”

  27. Penguin Says:

    a gang is a club or association of persons that the speaker does not like. It’s name-calling, nothing less than saying I approve of Joe and his club, the boy scouts, or whatever, but I disapprove of Sam and his club, which I claim is not worthy and is therefore a “gang”. The naming is telling you about the speaker, not the club.

    In the instance, “gang” is a naming that seeks to remove club members of all civil rights, and many rights under criminal law, thus “outlaw gang” is redundant – a repetition often used in ad hominem attacks – which are not logical arguments, but the way, but emotional – the emotional argument signals the exhaustion of logical methods and the resort to petulance. It signals logical defeat to call names.

    There are many clubs. The Counsel on Foreign Relations is a club, but it might be called a gang, no?

  28. Uncle Ace Says:

    And who will determine what makes a “gang” a gang?” Should the American Legion Riders, BACA, etc., be worried as well? They wear patches that signify groups. Who’s to say that HOG & Honda Riders Club aren’t a threat either? I wear the name tape off my old uniform, should I have to worry about taking it off? I don’t wear a 3 piece patch on my back, but this is an issue that could very well effect anybody on 2 wheels regardless of who they roll with.

  29. Paladin Says:

    If the Government wins, it will not be law enforcement’s best day ever, when attempting to confiscate a member’s colors. When attempting to remove a member’s tattooed back patch? Well; good luck with that.

    Paladin

Leave a Reply