Mongol Nation Guilty

December 14, 2018

All Posts, News

Mongol Nation Guilty

About one o’clock yesterday afternoon a nine-woman, three-man jury in the federal courthouse in Santa Ana, California found Mongol Nation: An Unincorporated Association guilty of racketeering and conspiracy to racketeer.

Red Sox Nation, Baylor Nation and Bachelor Nation might be next. In a breathtakingly short time, a couple of Department of Justice dust bunnies named Christopher Brunwin and Steven Welk have advanced from prosecuting the perpetrators of illegal acts to successfully prosecuting an affinity – we’re talking about an affinity – for a group with symbols that indicate membership in a brotherhood which has some members who arguably committed illegal acts.

This case has always seemed like a stretch since it was filed in 2013. It still does. Not that you will read that kind of antisocial skepticism anywhere else.

The newspapers and the talking heads today are fountains of lies. The Los Angeles Times’ headline is “Mongols biker gang found guilty in racketeering case, moving government closer to seizing trademark.” Let’s count the inaccuracies in those 14 words together.

One, Two, Three

There is a group called the Mongols Motorcycle Club. Prosecutors, rude cops and hack journalists only call it the Mongols motorcycle gang because they haven’t got the huevos to publicly call he club the “Mongols Motorcycle Assholes” the “Mongols Motorcycle Mafia” or the “Mongols Motorcycle Perverts.” But the effect on people who can only see with their brains is the same. Actually, the Mongols Motorcycle Club wasn’t convicted of anything.

“Mongol Nation,” which is a turn of phrase, a metaphor to describe us versus them in certain specific circumstances and a legal fiction, was convicted. Prosecutors contrived a definition for “Mongol Nation” in this case in order to prosecute somebody under the Racketeer Influenced and Corrupt Organizations Act. Brunwin and Welk took great pains to convince the jury that Mongol Nation is an actual adjunct to the “Mongols gang.” It isn’t. Unfortunately, you can convict all of a jury some of the time.

The government is not after a trademark. Trademarks are used in commerce. “Ritz Crackers” is a trademark and last May Intercontinental Great Brands LLC, which used to call itself Kraft Foods, sued a Chinese company over that trademark’s misappropriation. The Mongols does not sell crackers, condoms or sex toys. The Mongols is no more engaged in commerce than the Sisters of Loreto‎. The marks in question are “collective membership marks.“

The Verdict

What happened yesterday was that the jury unanimously decided that the government had proven that Mongol Nation was responsible for five of nine racketeering acts: Conspiracy to distribute 500 grams or more of a substance containing cocaine; the distribution of methamphetamine in Los Angeles on November 26, 2006; the beating death of a man named Leon Huddleston in a dive bar in Lancaster, California by a patched Mongol and a non-Mongol on February 14, 2007; the attempted murder of two Hells Angel prospects on April 6, 2008; and the distribution of methamphetamine by patched members of the club on June 19, 2008.

The jury unanimously decided that the government had not proven “Mongol Nation” culpable for three other “overt acts” of racketeering: An attempted murder at a toy run in Riverside County, California on December 4, 2005; the murder of Hells Angel Mark “Papa” Guardado by Mongol Christopher “Stonee” Ablett in San Francisco on September 2, 2008; and the murder of a man named Bill James outside a Gustine, California bar on November 6, 2009 by six men prosecutors alleged were members or associates of the Mongols.

The jury could not decide if Mongol Nation was guilty of what the government characterized as two attempted murders outside Nicola’s adult entertainment club on April 8, 2007. Two members of the jury thought Mongol Nation was guilty of that. Ten jurors did not.

What Next

The jurors were meticulous in their deliberations. They began asking Judge David O. Carter questions about the verdict forms at ten yesterday morning. After they rendered their verdict they were surprised to learn their work was not complete. The fact that there will be a forfeiture phase to this trial had been kept secret from them.

The trial will resume on Tuesday, January 8 when the same jurors will listen to about three days of testimony and argument about what Mongol Nation has that the government might want to steal.

The connection between the Mongols Motorcycle Club or Mongol Nation and the violent acts is difficult to substantiate. One of the two men who beat Huddleston to death, for example, wasn’t even a Mongol. The Mongol involved in the beating was not wearing any Mongols insignia.

Joe Yanny, the Century City attorney who represented the club said today that he thinks the case boiled down to the three drug convictions. “And you would find more drugs in a frat house on a Saturday night.”

Yanny plans to file a Rule 29 Motion for a Judgment of Acquittal before the case ends. He said he still hasn’t decided when, but he might wait until after the forfeiture phase. “In case there is something about the forfeiture that I want to address.”

Next month, Brunwin and Welk will probably try to convince the jury to strip the Mongols of all their patches, not just their back patch. It is unlikely that Judge Carter will let that happen because that would be blatantly unconstitutional. No matter what Carter decides, his ruling will be appealed to the Ninth Circuit Court of Appeals. And no matter what those judges rule, unless Brunwin and Welk just give up, this case will end up where all the big First Amendment cases end up, before the Supreme Court of the United States.

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32 Responses to “Mongol Nation Guilty”

  1. Not Surprise Says:

    Honestly find this hard to believe. Seems as though the jury wasn’t totally stupid. 9th Court of Appeals has a history of being the most liberal with these kind of cases so there is that. Wonder if it would extend all the way down to support gear? My guess is they will try.I don’t see this standing.

  2. El Jefe' Says:

    Well said Rebel..

    We are a long.long, long ay from anybody’s patch being seized.
    >> Fucking A”

    Respects to those who have earned it,,

  3. Paladin Says:

    It’s obvious (at least to me) that this case has everything to do with the financial destruction of the Mongols MC and very little with the confiscation of their patch. Welk and Co.are well aware of the miles of case law supporting the right to free association and the freedom of speech and expression guaranteed in the First Amendment.

    Only a cop with a desire for an early medical retirement would attempt to take the patch from an MC member. Try taking the patch from a past or present member the the 82nd Airborne or the Trident from a Navy Seal and see what happens to you. I guarantee it won’t be your best day ever. I don’t see MC members being any less resolute.

    Paladin

  4. freebird Says:

    @ Penguin

    The lesson for everyone should be you better read what your signing. I am sure these men depended on their legal counsel to interpret the language of the plea agreement

    From what i have seen most depended on a public defender who in most cases is playing both sides of the fence

  5. Penguin Says:

    Rebel mentions plea “barganing” coping.

    Well read 5th amendment and tell me who is the criminal gang conspiring to subvert the law and force some cat into saying he did a crime? Looks like a crime to me…and going along with it is simply more criminal conspiracy.
    Yeah, you cop to something in a bargained plea then you are part of a criminal conspiracy.

    Here (wiki)

    No person shall be subject, except in cases of impeachment, to more than one punishment or trial for the same offense; nor shall be compelled to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor be obliged to relinquish his property, where it may be necessary for public use, without just compensation….[E]xcept in cases of impeachments, and cases arising in the land or naval forces, or the militia when on actual service, in time of war or public danger…in all crimes punishable with loss of life or member, presentment or indictment by a grand jury shall be an essential preliminary….

  6. MtPockets Says:

    Thanks Rebel. I THINK I understand, but yet I dont.

    Merry Christmas!

  7. Rebel Says:

    Dear MtPockets,

    No. It is stupider than that. What happened was the Department of Justice just spent, probably, $100 million to condemn all Catholics because some priests did some bad things. Nobody goes to jail. This is all about manipulating the press and poisoning future juries. The Mongols Motorcycle Club wasn’t convicted of a thing. But now everybody thinks they were. Even people you would think would know better.

    I see the Motorcycle Profiling Project has a headline that reads “Every Mongols MC Member Found Guilty in Patch Seizure RICO Case.” No. NO Mongols Motorcycle Club member was on trial. All the ones that were named in the nine overt acts were already tried and most of them copped pleas.

    Something called Mongol Nation” was found guilty of racketeering. What is the Mongol Nation you may ask? Nobody fucking knows. Nobody can agree on what it actually is. It includes “associates.” What is an “associate” you may ask? Is it a prospect or somebody who wears a Mongols support shirt? Nobody can agree on that, either. It is all bullshit. Patch seizure? We are a long.long, long ay from anybody’s patch being seized. This trial, and this whole case, has been a face saving, propaganda stunt by Steven Welk and Christopher Brunwin because ten years ago when they promised to seize the Mongols patches they found out they couldn’t legally do that.

    Fear not. Merry Christmas.

    Rebel

  8. WheresMyBoots Says:

    @Penguin: Truth. All day long.
    Btw those ‘refugees’ are wearing nice, name brand sportwear, watches, and paid 2-3k Euro each to get to civilization, always laughing on their nice smartphones & trying to fuck with white women. Actual refugees walked, *walked* to Jordan and Lebanon to work 12 hour days in marble mines.

    Street crime goes away in Club House neighborhoods it always seems. Every time.
    Respects, and Ride Free,
    WMB

  9. MtPockets Says:

    Does the Jury understand that their verdict can be applied to virtually any organization you can name?
    Whether is the local cops, the Feds, Boy Scouts or the Catholic Church EVERY organization you can name has its’ bad apples. To consider anybody who has walked in the door at a Mongols party to be guilty is beyond ridiculous.
    Does that mean anyone who has ever stepped foot into a Catholic Church is guilty of raping young boys?
    That is what this verdict amounts to.

  10. WheresMyBoots Says:

    A nine woman, three man jury.
    I guess I don’t understand the ‘jury of your peers’ part.
    No disrespect to the women who post here, as you know not all women–or men for that matter–are created equal, and this a decidedly masculine subculture.
    Coppers in places like Baltimore and the larger Midwest cities don’t fuck with V-twin riders, even PH’s, too busy with the yo’s on the corner.

    Respects and Ride Free,
    WMB

  11. Old & Jaded Says:

    @Curbside – Very informative video – thanks for the link. Unusual trial in terms of the three phases Mr. Stubbs describes. Nice to hear such high praise for a Judge. The trial is not over yet folks…

  12. Iron Rider Says:

    The real MC’s will always be a target, we always have been, and we always will be. The Government loves to pain us all as the Boogeyman, we must look menacing on the news.

    I guess the hood rat gang bangers that do far worse than an MC ever will just dont look atht good on the news as we do, besides whats the goverment going to do take their Air Jordans and their XBox, dont think those look as good at the Police News conference

  13. Curbside Says:

    Attorney Stephen Stubbs explains the verdict, from the viewpoint of the Mongols MC attorney:

    https://www.youtube.com/watch?v=tv_ijz2_Two&feature=youtu.be&fbclid=IwAR21kOKbq_QPGkABnPgiiS8_nW6OxF7EXyCFGXMvTMK5ufZh2P0-deZlrpM

  14. Matlock Says:

    We need to stand together. We need to support each other like never before.

  15. Paladin Says:

    Judge Carter will have the last word as to what gets forfeited. I’m not convinced that he’ll attempt to violate volumes of case law regarding the First Amendment.

    Paladin

  16. Iceman Says:

    Thanks to Rebel for being one of (if not the only) journalistic voice of reason here. This case is an absolute waste of taxpayer money and a miscarriage of justice. All clubs and independents should be paying attention to the precedent that this case will set if this continues. SYLM

  17. Gandalf Says:

    it’s great that Rebel and others care and it’s appreciated. True Americans supporting the Constitution. But make no mistake about this, The “real” don’t give a fuck and never stopped following the basics. FTW and all the cops who patrol it. The minuet you start thinking their are rules and equality is the second your fucked.

  18. OneBaddStudd Says:

    What the Govt always wanted from us..divide and conquer..Put away aLL bad brothers (except w/iron order cop club)and ALL 1%’er clubs pass the hat an fight Legally in court,together…unless a Lifestlye and way of life beeeee gone forever.What’ll it be good brothers?!..Diablos mc 1%’ers Coast to Coast in the fight….Never Surrender

  19. Slytazz Says:

    Fuck iron orders mc need be charged Rico they are 5-0 pig bikers leave the black and white national the fuck alone go after iron orders and. Hells angels mc and the supporters of them in Rico acts stop wasting our tax payer money so fuck government! Come get me charge me for freedom of speech ???

    Slytazz

  20. PASTOR BILL MONTOYA Says:

    I’M FROM DENVER AND and I know several and they’re very nice well-mannered men there’s nothing wrong with taking a ride on your motorcycle and having a good time and you know why do we have to lose our rights to do anything before you know I won’t be able to take a walk in the woods like I said very fine men upstanding gentleman of the community God bless them I hope everything works out for them thank you very much Pastor Bill

  21. HELLION Says:

    Tenn chapter in 2016 whole chapter went down for meth kidnapping and murder. Didn’t mention that

  22. Hellion Says:

    Didn’t mention the Tenn chapter in 2016 I think caught with buying lbs and lbs of meth from la harbour chapter plus feds buster them for kidnapping murder and drugs whole chapter went to prison. Didn’t see that mentioned

  23. freebird Says:

    @ Jim Denny

    Let’s just say yes and start with the 3 branches of Govt…..

  24. Papa small Says:

    Law enforcement just jealous because they never had been to a party with tons of hot women or could ever have a party like that. Why dont they go focus on bloods n crips.

  25. Jim Denny Says:

    Can police departments be prosecuted under RICO when one or more cops break the law?

  26. Curbside Says:

    From our .gov, re: “collective membership marks”.

    https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-1300d1e421.html

  27. Hero Says:

    Fuck. So now all the shit everyone has been fighting has now come to pass. It applies to any patch club. It is now illegal to be a member of any patch organization if the government doesnt like you. Any club of any kimd became a %1er today. Well welcome to the family everyone and California ill legal can go suck a fat one.

    Thank you Rebel for fallowing this for our culture.

  28. FF Says:

    Study up on Yugoslavia/post 1989

    It’s finally our turn. Hopefully the yellow jackets I France inspire the rest of Western Europe

  29. Not the 99 Says:

    Raider Nation is next?
    I mean, the fans are known for doing bad things to opposing teams fans. The quarterback must be held responsible.
    They have a scary looking picture on their helmets.
    Their colors are are black and grey,just like a dirty Mongol cut.

  30. Shovel Says:

    The Shepherd’s Plaid is black and white. The Mongols will exist until the Mongols surrender. Remember the Brothers Behind Bars – continue giving them money.

  31. freebird Says:

    How long has it been since the feds have left their stupid mark on history

    Prohibition was a sweeping success

    The War on Drugs

    Stupidity is a mountain some must climb

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