Mongol Nation Pre-Trial

October 29, 2018

All Posts, News

Mongol Nation Pre-Trial

There is a hearing today before the Mongol Nation trial is scheduled to start tomorrow. Briefly stated, the government alleges that the Mongols Nation, an unincorporated association is guilty of various criminal acts performed on behalf of the Mongols Motorcycle Club.

That wording probably seems askew to most readers because the law itself is twisted. This case is being prosecuted under the Racketeer Influenced and Corrupt Organizations Act and a stipulation of that law is that a prosecution must attack both a “Rico person,” or persons, and a “RICO enterprise.”

This case is descended from a RICO case a decade ago titled United States versus Cavazos and others. That case was also an attack on the Mongols. Former club president Reuben “Doc” Cavazos and 78 members or associates of the motorcycle club were each charged with “at least two acts of” 35 “racketeering” crimes. Racketeering crimes are crimes that are on a big list of 27 federal and eight state crimes. The two crimes must have been committed within a 10-year period. Almost always, one of them is “conspiracy” to commit racketeering acts.

Bad Prosecutor, No Starbucks

In the earlier case, the Mongols Motorcycle Club was the RICO Enterprise and Cavazos and the other named defendants were the RICO persons. To make a very, very long story short, the first RICO case , U.S. v. Cavazos et al., did not work the way the government had hoped it would.

Virtually all the RICO persons pled guilty to something to get out of jail. One guy did 14-months in federal lockup before he confessed to possessing eight grams of marijuana. (Ironically, he never smokes marijuana. He just wanted to get out of jail,) Virtually everybody confessed, in his plea agreement, that the Mongols Motorcycle Club was a “RICO Enterprise.” That was the idea.

The Cavazos case was never about convicting some number of guys for twice violating Uncle Sam’s big list of RICO crimes. The idea of the case was something called the “Civil Forfeiture” phase of the case which is what happens after everybody is found guilty.

The Attire Police

The idea of Cavazos was “the forfeiture of the trademarked ‘Mongols’ name, which is part of the ‘patch’ members wear on their motorcycle jackets.”

“’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,’ said United States Attorney Thomas P. O’Brien. ‘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.’”

The two points of the government’s war against the Mongols has always been to: First destroy the Mongols brotherhood; then destroy all the other motorcycle club brotherhoods by proving that they are not brotherhoods but profit driven mafias. The method by which the government would destroy motorcycle clubs is by “forfeiting,” or seizing, their insignia.

Zombie Prosecution

The first time it didn’t work. The Mongols, like all motorcycle clubs, have two “marks” referred to in this case as the “word mark” and the “picture mark.” The word mark is “Mongols.” The picture mark depicts Genghis Khan wearing bell-bottom jeans and cowboy boots smoking a joint on a motorcycle. The reason the government couldn’t seize those marks ten years ago is because they are special kinds of trademarks called “collective membership marks.”

In the first case the government thought it could steal the Mongols marks because Doc Cavazos had claimed ownership of them and agreed to give them to the government as part of his plea deal. But he was no better at the letter of intellectual property law than the government’s lawyers were. The Mongols marks, multiple judges decided, clearly could not belong to any one Mongol. They belonged to all the Mongols who sometimes call themselves “Mongol Nation.”

The investigation and prosecution of the Mongols in the Cavazos case was the most expensive motorcycle club prosecution ever. The more expensive federal cases are the greater there inertia. This theater in the crusade against the biker menace has already been through five judges, scores of lawyers, a civil suit, scores of forfeiture proceedings and two trips to the Ninth Circuit Court of Appeals. It is too big to stop. It exemplifies what people hate about the government. It cannot be stopped. More than a week ago, The Associated Press’ “Today In History” column noted, “Ten years ago: Dozens of members of the Mongol motorcycle gang were arrested by federal agents in six states on a variety of charges following a three-year investigation in which undercover agents infiltrated the group.” The trial is just getting underway now. This may never end.

In this trial Mongol Nation is the “RICO person” and the Mongols Motorcycle Club is the “RICO Enterprise.” It is the legal nicety that animates this zombie prosecution.

Immaculate Perception

The trial will probably last until next Spring. It will cost a fortune and at the end of it nobody will go to jail. It will all be merely a prelude to the forfeiture proceedings that will follow. The goal of the forfeiture proceedings will be to try to strip the Mongols of their insignia. The government will probably lose, barring the revocation of the First Amendment. They will appeal.

In the interest of transparency, the author of The Aging Rebel should disclose that he might be a limited participant in this trial. One of the issues being argued over today is the Mongols’ expert witness list. Those experts, in order, are: 1) Donald Davis; 2) William Dulaney; 3) Jesse Ventura; 4) Michael Dinardo; 5) Lisa Ling; and 6) Scott Barnes. Other news outlets may have a different take on this case.

There is no miracle of the immaculate perception around here. Around here we have a point of view. Deal with it.

Share

33 Responses to “Mongol Nation Pre-Trial”

  1. Aanon Says:

    Shovel, the first step is to admit you have a problem. By the way, I have never heard anything good of Barnes from a credible man.

  2. Va.Bob Says:

    That’s fuckin’ funny,”The Moolah”.

  3. Shovel (the moolah) Says:

    Paladin Says Monday 29 October 2018 at 5:06 pm: “The only
    expert witness that has any credibility and will be able to
    hold his own against the prosecution will be Donald Davis.”

    There’s 1 more: Scott Barnes.

    Years ago when he was under attack for giving information
    to a journalist/author about U.S. Vietnam P.O.Ws. left
    behind enemy lines at the end of the war, he was severely
    criticized for reporting that he had been stabbed by
    someone with Special Operations Forces training at his home
    who used a technique to pierce his heart from beneath his
    rib-cage that was taught by Michael D. Echanis who was a
    United States Army Special Forces and 75th Ranger Battalion
    enlisted soldier, a hand-to-hand combat instructor for the
    Army Special Forces and the Navy Seals, and the martial
    arts editor of Soldier of Fortune magazine from 1974 to
    1976. Echanis studied under Joo Bang Lee, the supreme
    grandmaster of Hwa Rang Do, and specialized in Un Shin Bup,
    the Korean counterpart to ninjutsu, before he was killed in
    Nicaragua. I informed the journalist that Echanis had a
    drawing in his SPECIAL FORCES RANGER-UDT/SEAL HAND-TO-HAND
    COMBAT SPECIAL WEAPONS SPECIAL SERIES: KNIFE SELF-DEFENSE
    FOR COMBAT, 1977 showing the very technique used to try to
    kill Barnes.

    Barnes is honest and combat-proven. He even showed up at
    my front door, said “thank you,” and walked away without
    saying anything more or identifying himself. That’s how
    real men act, not key-board warriors. Paladin, even if
    you don’t carry knives on a daily basis as I do and your
    life is not in danger every time you walk out your front
    door as mine is, you’re an honest man and know as I do:
    Davis isn’t the only honest man testifying at the Mongols
    trial.

  4. Shovel (the money) Says:

    Tunz Says: Wednesday 31 October 2018 at 9:40 am: “We make
    sure that all our membership knows what Brotherhood is and
    shows proper respect.” Might I suggest the following 3
    books about respect before you go off again on other clubs’
    colours and territory, cabron; capisci?

    1. JAPANESE WOMEN’S LANGUAGE, Janet Shibamoto, 1985
    2. MINIMUM ESSENTIAL POLITENESS, Agnes Niyekawa, 1992
    3. JAPANESE RESPECT LANGUAGE, P.G O’Neill, 2016

  5. Shovel (the Cash) Says:

    SGT Sedenko Says: Monday 5 November 2018: “This is by far
    a huge government play that should scare a lot of people.”

    Be scared. Be very scared, citizens of The democracy.
    NOT, NO, DO NOT BE AFRAID. The British destroyed Irish and
    Scottish clanns (GROUPS) just before the U.S. government
    took over America. The U.S. government continued to
    destroy African groups (tribes) until the Civil War. After
    the war the government finished off another set of groups
    in America – the individual States themselves, such as
    Pennsylvania, by destroying States’ Rights when the
    government stopped State legislatures from appointing U.S.
    Senators. The whole time, the government has been trying
    to destroy another set of groups – American Indian bands,
    tribes, and nations.

    Today, the government is trying to destroy the newest set
    of groups – motorcycle clubs. WOW, what a surprise my bros
    Paddy and Tonto say as the 3 of us empty another group of
    brewskies at the local club.

  6. SGT Sedenko Says:

    This is by far a huge government play that should scare a lot of people. Having worked as a cop for over 30 years I have dealt with many clubbers over the years. I have personally interviewed Anthony Tate, Ashley Wyatt and a few more lesser known guys who were in clubs and informed on others. I have listened to Queen and Koz speak at seminars for cops over the years. I have also arrested a few patch holders for different things as well. So I know that some commit crimes.
    Just this weekend I went for a ride and stopped at a local diner in Devore Ca. Just happened that at same time the local 21 was having a run at a bar next door. During the hour I was there more than 100 bikes showed up. Many came into diner to eat. So I sat and observed and listened to them interact with one another. I know it was a public place but most chatter was just that, What they and families were up to work etc. I guess what I’m getting at is yes crimes are going down by patch holders. It’s a drop in the bucket compared to street gangs and cartels smuggling tons of Meth into country every year. Taking a patch from a jacket because some guys wearing it commit crimes should scare us all. I agree with a comment I read. The tree of Liberty needs watering “Thomas Jefferson” Today I fear the government more than anyone, and I received a pay check from them for years!

  7. Paladin Says:

    Anonymous Says:
    October 31, 2018 at 7:55 pm

    “I don’t understand the governments actual motive here. Seems like they are spending a lot of money in hopes to shoot themselves in the foot. Where is the rational thought behind taking their identifying marks?”

    The government’s attack is two-fold. 1) Financially destroy the MC and its members through frivolous litigation at the tax payer’s expense. 2) Through a campaign of PSYWAR.

    Example: My uncle flew with the Grim Reapers VFA-101 (still active today) off of the USS Enterprise during WWII. When I was a kid, after asking my Uncle if he was in WWII, I asked my uncle what he did. My Uncle told me he flew with the Grim Reapers. My Uncle only mentioned the Navy and the USS Enterprise when I asked who the Grim Reapers were.

    The point to the above is that my uncle and the rest of his squadron’s loyalty was to their patch, the fact that they were in the Navy was not important. Their patch was everything. It was their battle standard.

    The government has known for years that members of MCs feel the same about their “battle standards” as do military professionals feel about theirs. If the government is successful in their quest, they will be able to “capture the flag”, denying an MC their symbol of loyalty as well as their symbol of individuality.

    Through demoralization, financially and psychologically, the government hopes to weaken the cohesiveness of the members of MCs, making the MC’s members easier to attack individually.

    Long May You Ride,

    Paladin

  8. jrino Says:

    Parsifal: Speaking of snitches Whitey b got his! That’s karma!

  9. tiopirata Says:

    @Parsifal
    Absolutely so. One has only to look at Queensland, Australia, VLAD laws to see the way this is going.

  10. Parsifal Says:

    @ Anonymous. Once they have the Patch they will take the Motorcycles then they will ban people from gathering in groups, after that? Everybody will be a prisoner. A number, A slave, unless the people prefer to be another minion of the minions. {Boot Lickers, Brown Nosers, Snitches and other assorted low life sheep.} ………. Fight for Freedom now or suffer under Tyrants and Swine.

  11. Anonymous Says:

    I don’t understand the governments actual motive here. Seems like they are spending a lot of money in hopes to shoot themselves in the foot. Where is the rational thought behind taking their identifying marks?

    When the government wants to prosecute a club member what do they use to convict him? His membership in a club. And how do they prove that membership? His patch!
    When they want to identify a member what do they do? Look at the rockers associated with his patch. Want to know who is an officer? Where they are from? If they are local or just visiting? How long they’ve been in the club? All information gathered from their patch

    How about when they dont want them going to casinos or bars or swap meets; what do they do? They ban patches. So how would they stop these clubs from going places if they can’t identify who is who?

    Makes it harder to prosecute, harder to control, and harder to gather intell on all potential members. So why go through all of this just to make their jobs even harder?

    The media, with the help of the government has already done a great job letting the public and everyone else know how scary the big bad mongols are. Imagine how much scarier they would be if no one knew who was who. They’d turn the mongols into the boogie man and most likely make them even more feared.

  12. jrino Says:

    Except for sitting Bull at the little bighorn by the time the Indians decided to fight as a group they were all on shit-hole reservations! {Of course they had the last laugh with Oil and Casinos}!
    The only oil I see here is on the gears of the Governments machine trying to grind MC”s into dust. Will they stop short of the Christian Riders? Are they after the diamond? Seems to me they are.

  13. Juststupid Says:

    Funny the government thinks that taking a patch off club members will end the club. Just because a man isn’t wearing his cut doesn’t mean he stopped being who he is from the get go. You can take my patch, you can say I can’t wear club stuff. That’s fine. Now you don’t know who I am. Who really lost. Not me.

  14. Tunz Says:

    I am member of a new Brotherhood that is made up of former 1%ers up to new riders. Everyone gets to learn from everyone’s experience. We are not affiliated with any group or are supporters of anyone. We make sure that all our membership knows what Brotherhood is and shows proper respect. We share the road with everyone but we are still threatened by the territory bullship and disrespect of other MC’s. It’s time to all work together, respect each other, and stop giving crap to others just because of the colors on their backs.

  15. JMacK Says:

    Kenny 1%er, Former Diamond,

    +1

    Any and all Clubs would be wise to preach this to your members. The times have changed. We are not each others enemy.

    Respects,
    JMacK

  16. Not Surprised Says:

    I am betting this will fail.

  17. commonsense Says:

    Rebel I believe these biker clubs are gangs. But with one HUGE difference. If you are in the crips or bloods or Mexican Mafia (which doc had no clue) They are all gangsters. You can still be in a MC and not be a criminal. You go to work each day and the club will not ask you to do something you don’t want to if it fits their needs. For 30 years I have lived in Ventura and I know this for a fact. Worked in the oilfields with welders, fitters, crane operators . One thing that pisses me off if you go to you tube there is a vid of Snoop Dog with a blue hat on saying “make America crip again” and now he has a TV show? Fuck that. Can you picture a Mongol or a Hells Angel promoting there club and getting a show?

  18. Jay Says:

    @ former diamond

    You have it exactly right…

    This is a crusade against all, not just one…

    A house divided cannot stand…

  19. freebird Says:

    @ Former Diamond

    That is one if not the best post I have ever read

    I can only hope more folks see such a path

    When i was a kid i remember hearing the phrase

    Live and let live…….. guess it’s safe to say those before us knew how to survive

  20. Former Diamond Says:

    This is the consensus from a group of us:

    There will be patch holders I don’t like. There will be colors I don’t get along with. But the patch is dear to me. The love I have for my brothers is greater than any hate I have.

    Patches need to quit being buried. There is no more fucking territory.

    We don’t have to wash each other’s backs- we don’t have to WATCH each other’s backs- we have share space, be peaceable, grind our teeth.

    No more monkeyshines. The government will put up with machine gun fire in Chicago, Detroit, Gary, Columbus, Buffalo, and they’ll tolerate migrant caravans(that used be called an invasion.

    But we got no slack, we never did.

    Webpages need to go down, talk in person or don’t talk at all, DON’T DO DIRT. DON’T DO STUPID SHIT. No matter how stupid shit is, someone else is greedy enough or loves you enough to try to pull your stupid ass out of the fire you started. If you love your patch, your brothers, and you love your sled- then use your noggin for something other than to put a brain bucket on, and FUCKING DON’T DO STUPID SHIT.

    Citizens cannot discern or think critically clearly enough to understand that whether it is one individual or other individuals cooperating with that prick- acting together- THEY ARE STILL INDIVIDUALS.

    The PATCH, THE CLUB, THE MC- IS ABOUT MOTORCYCLES AND BROTHERHOOD.

    If one patch is lost to forfeiture, all patches are. We’ll be hunted down like coyotes. Lonesome coyotes can survive, but they have no packs.

    Fuck that. Think before you lip off to probate or prospect or patch from another MC. Think before you act. Think before you speak.

    The politics needs to be gone, dopers need to be gone, and if someone isn’t stable enough to be trusted to hold the colors- FUCK THEM.

    I’ll take a chapter of four that I know are solid, sound, responsible, down, and dedicated over numbers. Fuck numbers.

  21. Hangaround Says:

    I think that Lisa and Jessie are way more qualified as expert witnesses than some of the trash the government calls on for testimony in biker cases.

  22. Also a 1%er Says:

    Kenny I couldn’t agree more.

  23. Kenny1%er Says:

    This is the big one for the feds. After Waco they get this off it will be one at a time but they will strip us of our patches. Using any means necessary. We as clubs should of stopped this back in 2000. But we let petty shit fire up our old hatred.I don’t mean we must kiss each other.But it’s time to stop burying brothers. While the feds laugh.

  24. Paladin Says:

    @ Stevo;

    I hope to God you’re right.

    Long May You Ride,

    Paladin

  25. Stevo Says:

    Paladin-

    You underestimate the power of celebrity.

    Stevo

  26. Iron Rider Says:

    I am always amazed at how the government will hide just how much money they have spent on these cases. Ig the people knew the millions of dollars spent on this case alone they’d be up in arms because there is not going to be anything a citizen taxpayer will see that is going to justify the money spent.

    No expense spared when the goverment wants to make something they can pint to on the 6 o’clock news and proudly say how the streets are so much safer now, of course we all know it is PR and bullshit.

    Lets hop the goverment falls flat on theri faces, bad enough we have to deal with all the bullshit we do, but I guess bug scary bikers look a lot better on the news then some 16 ye old gangbanger hood rats do, guess the kids with the AK’s dont look that scary

  27. Jerome Whiteward Says:

    Right to assemble protected club or not friendships brotherhood’s right to associatefelon or not bikers a way oflife we’re not a totallitarian country we are free people you can’t catch one so you try to destroy all patches forever pride freedom what they gonna do take your skin-j roamin slc

  28. Branon Fontaine Says:

    Although I fully support my local Red & White, what the Gov’t is doin in this case is complete and utter bullshit.

  29. freebird Says:

    Have to wonder when the feds are smoking their Cuban cigar with a glass of aged scotch

    Do they fear the patch or what the man wearing it stands for…….

  30. Paladin Says:

    Lisa Ling is considered an expert witness on the Mongols, after going on a road trip with the club? That would be akin to getting a ride in an F-16 and then being considered an expert on fighter pilots and the aircraft they drive.

    Jessie Ventura was a member of the club for a year or a little over (’73-’74). What “expertise” he may have will be almost non-existent, especially due to a 25 year absence from the club and then there’s this:

    “In an October 2016 interview on the Joe Rogan podcast he claims that his chapter sent him outside when any questionable matters were being discussed in Church, as his chapter wanted to protect him as he was an active United States Navy member at the time and any punishment towards him would be harsh.” So; is Jesse Ventura a witness for the prosecution or the defense? I don’t think anyone in their right mind would want William Dulaney as an expert witness for the defense. Va.Bob has already mentioned Scott Barnes.

    The only expert witness that has any credibility and will be able to hold his own against the prosecution will be Donald Davis.

    Paladin

  31. Va.Bob Says:

    Scott Barnes as an “expert witness”? I’ll be damned. He could fuck up a documentary on a club. I can’t imagine him being worth a shit in court,either.

  32. Paladin Says:

    The government’s case is all about the “immaculate deception”. Before this is over (if ever), we could have paid for the border wall with the money that will be spent on this fiasco. The foregoing aside, I wonder; will Jesse Ventura be forced to remove his tinfoil hat when entering the courtroom?

    Paladin

  33. Oregon Moose Says:

    Rebel – good luck man. I’m assuming that (1) above is Donald Charles Davis. Obviously you are used to having a target on you. It’s about to get larger.

    Respects

Leave a Reply