Another Mongols Plea

July 8, 2009

All Posts, News

Former Chino Chapter President Roger “Stamper” Martinez became the eleventh member of the Mongols Motorcycle Club to enter an unsealed guilty plea last Friday.

So far, 27 of 78 defendants, about 35 percent, have made plea deals with the Federal prosecutors. None of the defendants who have entered unsealed pleas are cooperating with the prosecution other than to enter a racketeering plea. Sixteen defendants have entered into plea and sentencing agreements that remain under seal. Those sixteen may have something to hide.

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A story in today’s Los Angeles Times declines to specify a number of plea deals. The Times’ reading of the public record is that “several others among the 79 gang members arrested last year have also entered guilty pleas, documents filed in U.S. District Court in Los Angeles reveal.” This page is pretty sure that one of those 79 defendants already died and so the charges against him were dismissed.

The Times says, “Thom Mrozek, spokesman for the U.S. attorney’s office, declined to specify how many defendants have entered guilty pleas, saying that some aspects of the case remain under seal.” The Times also says that “Other defendants who have entered guilty pleas to (Count One) face maximum sentences of 20 years.”

Martinez’ Plea

Martinez pled guilty to Count One of the Indictment, which is the general racketeering count. The charge does carry a maximum potential sentence of 20 years imprisonment but none of the defendants who has entered an unsealed plea so far seems to be looking at much more than 36 months.

In addition to racketeering, Martinez formally agreed that “as a member of the Mongols criminal enterprise, defendant and other members of the Mongols gang distributed narcotics.”

Predicate Racketeering Acts

Martinez also admitted that he “facilitated the sale of methamphetamine to another member of the Mongols gang” and that he “provided funds to support the Mongols criminal enterprise.”

According to the plea agreement, “defendant Martinez told an undercover law enforcement officer that defendant believed was an associate of the Mongols gang that the Mongols ‘Mother Chapter’ required defendant Martinez and other Mongols members who the Mother Chapter believed were ‘making dirty money’ to contribute $2,500 to ‘Mother Chapter’ and that the funds would be used to pay the legal fees for Mongols members charged in the 2002 confrontation between Mongols and Hells Angels members in Laughlin, Nevada.”

Probable Sentence

Like other defendants with unsealed pleas, the government is recommending that Martinez be charged with a “base level 19 offense.” The prosecutors are also recommending that the charge be kicked down three points for “acceptance of responsibility.”

In general terms, Martinez may be sentenced to a term of imprisonment of as little as 21 months or possibly as long as 41 months. The one defendant who has actually been sentenced in this case so far got 27 months for a similar charge. Under revised Federal guidelines, prisoners generally have to complete 80 percent of their sentence before they are eligible for release.

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24 Responses to “Another Mongols Plea”

  1. duce09 Says:

    They only have me on calls,but they are only charging me with conspiracy.They are not charging me with facilitating a crime.

  2. FTF Says:


    All the lawyers are going to try and do for you is the quickest easiest route to take to get paid really. What you need to do is go to a law library, look up the charges against you, look up related case law, etc. This way when you talk to your liar you can tell him what to do. Basically what I’d probably do is start discussing a phone count plea with him. That’s not going to be something that’s going to be offered up right away because the FEDs are looking for RICO it sounds like. Just hang in there, I’ve talked to many who’ve been down the same road in other indictments, like the Ave’s, 18th strt, and a few others who held out with similar or worse charges against them. In the end it usually gets down to a phone count. That is if in fact they have you in a recorded telephone conversation regarding transactions or other criminal activity.

    When it’s new, nobody wants to do much. It’s kinda going to be up to you to look up the information you are going to need to make your liar work for you. If something he says don’t sound right, look it up and make sure before agreeing to anything he says that you don’t agree with.

    Just hang in there, waiting is key. I’m assuming that your out on bail? That’s the first step already. Which means also that your lawyer isn’t too bad. Time is on your side in this, don’t rush things, listen to the lawyer, but also get yourself informed.

  3. duce09 Says:

    thanks ftf and rebel..youre the only people that just told me good new cause my lawer is fool of it…I mean he makes it seem like if i was moving pounds and things like that…Im bearly 19years,this all happened when I was 18years and one week old.Never had a criminal recor.But my attorney is a dick..what do you guys thing I shoul do?Please keep me updated I will really appriciated.

  4. FTF Says:


    Sounds like you are going through it. Hang in there and when all the dust settles you are probably going to be looking at a “phone count”. Like Rebel says, 6 to 12 months, but most likely probation with non-association.

    Look, when these things start out they throw out a bunch of bullshit about you and any co-defendants. Bottom line is that’s usually at the magistrate level, but once you actually see a real judge a lot changes. Hang in there, and you’ll probably be able to plead out to a phone count somewhere down the line.

    That’s at least my take on it.

  5. Rebel Says:

    Dear duce09,

    Ok, look. You don’t know shit. You do not know anybody. You were talking about a video game like grand theft auto when they were listening. Your dream is to someday be an ATF agent or possibly a prosecutor. You would love to cooperate but you don’t know anything. You are not a street dealer. You do not even know what that means. They must have the wrong guy. Can your lawyer please see the full evidence against you? Any names, you never heard of that guy.

    If it is a Federal charge and they get you for the full charge they can give you 6 to 12 months. They probably will not. They will probably give you, like 18 months of supervised probation which will include a non-association clause.

    Educated guess. Cannot tell you for sure. Keep your chin up.


  6. duce09 Says:

    o okay,but how much time are we talking about…The label me as a deliveryboy,low level street dealer.Thanks for you support I hope we could keep in thouch.

  7. Rebel Says:

    Dear Duce,

    If all they have is phone calls they can go after you for conspiracy but it is a weak charge.


  8. duce09 Says:

    Thanks rebel…cause see they got only phone calls but there was never over acts towards its coplition.Can I still get charge for that?I mean no drugs were seized at all.Please rebel keep me updated.

  9. FTF Says:

    Hey Rebel,

    Have you seen what Lancaster is doing to the Mongols this weekend? The dictator up there shut down a hotel that the Mongols had reserved for the weekend for a run. Seems he’s saying that they are “domestic terrorists”, and also “kill children”. Now isn’t that some sort of a thing?

  10. Rebel Says:

    Dear duce09,

    You are talking about you, right? Hypothetically. Without knowing the details you could be looking at three charges. I am not saying you are but could. If they run wild with the charges.

    First a Rico charge for being part of a criminal conspiracy. And then two predicate charges which would be “using a communication device” to discuss some drug offense on the phone and the second predicate charge would be some kind of conspiracy to either possess or sell or distribute some amount of drugs.

    The threshold for a very serious drug charge is 50 grams of true weight. If you sell somebody an eighth of a pound of crank and that drug is actually 80 percent cutting agent then you can be charged with selling, or conspiring to sell, 7 grams of “true weight” of that drug. Your lawyer should have already explained this to you.

    Usually, the first thing that would happen is that your lawyer should file either a habeas corpus motion or a discovery motion and he should explain to you exactly what evidence the government has to implicate you in these, I am sure, totally fabricated charges. Then your lawyer needs to file a motion to suppress the evidence. Whatever it is.

    That is all lawyers do. That is how a lawyer starts negotiating a plea agreement. First he says what is the evidence and then he says, well that is bullshit! I am going to fuck up your whole case unless you are reasonable with my client. Right? That is the dance. Cha, cha, cha.

    Has he done that? Maybe you need to get a book? Okay? Or talk to some of the guys. If you are stuck, go ahead and raise your questions here.


  11. duce09 Says:

    dirtybruin,how is that possible,that is not fair….see ma brothers friend phone was taped and my brothers wasnt.Can they still use that agains him.

  12. DirtyBruin Says:

    duce09: I am not a lawyer.

    That said, my understanding is there are laws in some jurisdictions allowing charges for “conspiracy to possess with intent to distribute” illicit substances. Thus, a hypothetical person discusses delivering 50 grams of Plutonium Nyborg to another individual then becomes aware of a potential setup, and doesn’t follow through on the deal. He is arrested, and no Nyborg is found. He can not be arrested for “possession with intent to distribute” because they can’t prove possession – but with a recording they can prove “conspiracy to possess with intent to distribute”. [It may be argued that even if our hypothetical person admits to agreeing to provide Plutonium Nyborg, he was intercepted by the Law before he could obtain any. That doesn’t change the fact he asserted that he COULD provide it, and was willing to do so.]

    My suggestion is: consult a real lawyer if this is anything more serious than idle curiousity.

  13. duce09 Says:

    Hey rebel,can someone be convicted of a drug amount wich a person talked on the phone,even though none of the drugs were seized?

  14. Rebel Says:

    Dear duce09,

    I don’t know. I would literally have to comb through about 2000 government documents and add them up. My sense is that the majority of defendants are being represented by government defenders. I don’t think there is any particular collusion between the defenders and the prosecutors if that is what you are asking me. Not in a high profile case like this one. And, probably not in a high profile case like yours, either.


  15. duce09 Says:

    hey rebel how many of these mongols that have took deals used paid attorneys?

  16. supporter Says:

    well all we have to say is that we’re still a big supporter of the black and white we have seen the hearts of lots of good brothers …always there when you needed them… as for Doc..they should Duck tape his ass… a snitch is a snitch ! we hope get he gets what he deserves.. he has to live with himself… just want to let the good brothers know your in our hearts and prayers… W.F.F.W.

  17. Racketter Influenced Corrupt Organizations Says:

    RICO. Weird law, selective prosecution. Professor Robert Blakely drafted this as part of the Organized Crime Act of 1970. RICO was a vertiable steam roller against traditional organized crime “families” well into the early 1990’s.

    Remeber, it was income tax evasion that finally brought down Al Capone. RICO was designed to target semi legitimate “fronts” or organizations associated with traditional crime families. It made any group, legal or otherwise, a target if it was used as a criminal enterprise.

    Rudy Guilliani cut his teeth with RICO. Sonny Barger was the first person to beat a RICO indictment. In 1993, an insurance company was prosecuted (which had no ties to organized crime) for intentionally defrauding claimants.

    Most RICO cases seldom are tried. RICO is and always has been a numbers game. Indicting people is rather easy. The Federal government uses the wide spectrum of RICO targeted illegal activities againt a specific group, making dozens of arrests, huge headlines. In truth, RICO is a very complex set of stautes and an enormous “burden of proof” obligation. The win ratio of individuals who actually are tried in front of a jury is statiscally very high.

    The best defense against a RICO indictment is a closed mouth. The borad powers under the act however, allow large amounts of indivduals, often in varying parts of the country to be indicted under a single “true bill”. The more arrests, the greater the chances that indivdual members of the targeted group will exchange for leniency and the witness protection program, sworn testimony that they acted in concert with others for the purpose of maintaining a “criminal enterprise”.

    Attempting to fit a 1% motorcycle club into the confines of a law that was created as a response to a specific area of criminal activity, La Cosa Nostra, has proven to be a slippery slope. Though some members of said club may commit indivdual criminal acts, not all members have. Those that have may or may not have done so on behalf of the club. That is the primary burden of the prosecution: to prove beyond a reasonable doubt that they did act in concert and on behalf of the club.

    The most common tactic employed against indivduals who are also members is to get them to admit to at least two acts defined as illegal under RICO that were commited no longer than ten years ago. So the built in weakness of proving RICO acts is offset by the equally liberal standards whereby one might plead.

    If 15 individuals were indicted under RICO, and all of them kept quiet, it is almost a statistical improbability the federal government could produce enough testimony or evidence from sources OUTSIDE the club to bring a conviction. This is true even with UC operatives giving sworn testimony. Key to any sucessful RICO trial are the business records, organizational structure, etc. Remember RICO was designed to uncover “business” dealings of La Cosa Nostra, specifically their alliance with various labor unions who controlled large pools of private money in pension funds.

    So difficult is the task of prosecuting a RICO case in court that it is not uncommon for indictments to just be thrown out. RICO allows for more severe penalties than crimes commited by individuals. RICO allows for total destruction of any and all assets, even of blood relatives where the most minimal connection might be made. An automobile registered in the name of a relative but used by a RICO indictee could lead to forfeiture of all the relative’s assets. Often a RICO indictment encmopasses inter departmental cooperation among FBI, DEA, ATF, and IRS. It is the sledge hammer of the American government.

    Or at least that is what you are supposed to think. Think and fear. Typically, the bond in a RICO indictment is into several hundreds of thousands (if not millions) of dollars. Reduction of bond is also a very persuasive tool. It is not unusual for a year or longer to be served in jail awaiting trial, while your family is subjected to intense interrogation, threats of removing or losing custody of children, non sensical search warrants of your home, and freezing of any and all funds (legal or otherwise) needed to sustain your family while you await your turn at “justice.” ALL of this and more, before any evidence is submitted against you in a court.

    No one can truthfully say now, what they would personally do under these conditions.

  18. FTF Says:

    You are probably right, but what is happening here is people selling their patch for a lighter sentence. Worst of all is they are selling out the patches of others as well. Its a sad sad thing to see.

  19. Rebel Says:

    Dear FTF,

    I think the DOJ really intends to shut down the Mongols and the pleas are about that. Every plea is to Count One. The government is also making deals because the actual case is weak. There are stories man, that nobody is supposed to know but the defense lawyers know. Jay Dobyns times four. The guys who entered the sealed pleas are the ones who are actually giving something up.

    So the Mongols are getting hammered into the ground. The government has been trying to make a successful RICO prosecution against an MC since, I think, 1982 and this is the first time it has actually worked. Everybody knows about the great unpleasantness of 1977 between the Mongols and HA. I think, off the top of my head, after that became Federal the DOJ tried to bring a RICO case against the Dago HA and failed. The government wound up filing that charge 3 days before the statute of limitations was going to run out.

    So the RICO convictions are a big deal, symbolically.

    The superseding indictment will be about where the drugs came from, who ordered the murders and where the bodies are buried. The stuff that is happening now, I think, is all about just shutting down the Mongols MC. Big feather in the ATF war bonnet.

    your pal,

  20. FTF Says:

    These guys are gettin light sentences because the fact they are signin plea deals will be later used against those who don’t sign. I can say that not everyone is gettin such light handed offers.

  21. Rebel Says:

    Dear duce09,

    Okay. My apologies. All due respect. These things shake out. They are trying to pressure you. Just listen to the lawyer. They cannot lock everyone up forever. There is a press release up just today about the latest part of the Hawaiian Gardens bust. The “biggest federal bust in history.” It is about headlines.

  22. duce09 Says:

    no way…i was indicted with the hawaiian gardens gang and my charges are petty…they acuse me of less things than half of this mongols members and they wana give me way more time then them…..

  23. Rebel Says:

    Dear duce09,

    Nobody was selling any dope. The Mongols are a fraternal group of motorcycle enthusiasts with shared socio-political views. Well yeah, Doc was selling dope. Doc, Lil Rubes and Al. They were selling dope to little school children. Other than that, nobody was selling dope.

    You are not a law enforcement professional are you duce?


  24. duce09 Says:

    hey rebel whats going on with that,all this guyz were moving dope all around the district and thats all theyr geting….I have met people who done lesser crimes and they get hit with twice the amount of time that this guyzz are getting hit with…please rebel keep me updated please…thanks for the news….

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