Pagans Plea Rejected

March 10, 2010

All Posts, News

Now plea deals are starting to bounce in the federal racketeering case in Charleston West Virginia against members and associates of the Pagans Motorcycle Club.

A hard core of the defense lawyers in this case have refused to just roll over for the prosecution like good legal professionals, and wave their little white flags in the air, and tell their clients to take the deal. Probably what happened was the defendants in that other motorcycle club RICO case, the Mongols case, hired all the good legal professionals. So the Pagans got stuck My Cousin Vinnie.

For weeks the Vinnies have been screaming that the government made a beginning of an end in this case by just assuming that the Pagans is a racket. The prosecutor, Assistant United States Attorney Steven Ian Loew, still seems astounded that any lawyer might not understand the simple logic that the Pagans is a racket, because some Pagans have been coerced into signing plea deals in which they agree that the Pagans is a racket, which proves that the Pagans is a racket.

Yesterday it became obvious that the judge in the case, Thomas E. Johnston (photo above,) has not only been listening to the Vinnies but they might be starting to make sense to him.

The Schmidt Deal

About a month ago a defense attorney named Anthony F. List negotiated a plea agreement for a defendant in the case named Joseph J. Schmidt. The deal guaranteed that Schmidt would only be sentenced for a base level twelve offense which means he would probably only have to serve a sentence of ten to 16 months. He had been threatened by Lowe with five years in prison, three years of supervised release and a fine of $250,000.

In order to get the deal Schmidt had to confess in writing to a “stipulation of facts” that he was “a member of the Pagans Motorcycle Club;” that as a Pagan “Mr. Schmidt and others were required to sell raffle tickets for a purported chance to win a motorcycle;” and that after the tickets were sold “Mr. Schmidt and other members of the Pagans traveled from New Jersey, Pennsylvania, Florida, and elsewhere to Saint Albans, Kanawha County, West Virginia, in the Southern District of West Virginia and delivered the proceeds from the sale of raffle tickets to” former Pagans Vice-President Jesse Moore.

For that, attorney List was able to get his client off with a mere ten to 16 months.

Schmidt works as a heavy equipment operator in Marcus Hook, Pennsylvania. The raffle proceeds he delivered amounted to $100. He never knew he was committing a crime. The felony conviction would mean that he would lose his job and his union seniority. It also meant that he would lose some of his rights as a citizen. On his attorney’s advice, he signed the deal.

What Did He Do

But all pleas must be accepted by the presiding judge in the case. And when Judge Johnson read over Schmidt’s plea he said, “It’s unclear to me from this stipulation exactly what Mr. Schmidt did. Was he delivering raffle proceeds on behalf of his club president?”

Loew told the judge that the government had a theory of the crime. And, that theory was that the Pagans were a racket and that Schmidt was delivering proceeds from the Pagans “illegal gambling racket” up the line. In RICO prosecutions, prosecutors routinely try to prove that money moved from the bottom of an organization to the top.

List told the judge that he had urged his client to take the plea because he was afraid he could not get his client a fair trial. “The sentiment seems to be, the Pagans are not loved in West Virginia, they are not loved in this area,” List explained, “and he is scared to roll the dice with a jury.”

Johnson replied that he did not “care about the tactical decision. I’m not going to take a plea without a factual basis. Period.”

Schmidt then withdrew his plea. A hearing on motions to dismiss charges against numerous defendants in the case is scheduled for next Monday, March 15th. List added a motion to dismiss the charges against his client to the docket for that day.

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25 Responses to “Pagans Plea Rejected”

  1. Apple Pie Says:

    I think all agree that Jesse is more thn likely guilty of more than one charge but in order to save his own hide he like Donnie W and a few others rolled on their “brothers”. Jesse is guilty of being so arrogant that he thought he could do whatever he felt like and or tell someone else to do it because he couldn’t or wouldn’t. I think perhaps that same arrogance played a major role in alot of the charges that were initially brought forward against the 16’s. He should pay the price not everyone else. WhiteBear I have to agree with you, Bart seems to be a good man. I don’t claim to know him well but on the occasions that I had the opportunity to meet him he was pretty good to me and mine. Unfortunately it seems in this country if you ride you are automatically guilty by association in the laws eyes…not so much though if you are a R.U.B.

  2. Grumbler Says:

    Although this long article is from May 19 1993, it’s a perfect example of what American bikers are up against when local, state, and federal agencies call them criminal organizations and use that label to justify flushing their civil rights down the shitter:

    In fact, cops in Arizona profiled and harassed HOG members in 1998:

  3. DirtyBruin Says:

    Hermis: I’m sorry I misunderstood you; thank you for clarifying. In an ideal world, I would wholeheartedly agree. But the fact of the matter is that certain groups have gotten routinely shitty treatment in the past; that’s how they wound up on such a list. I do wonder how we get from having lists of “protected classes” to “we’re all just humans” – but incidents keep happening to demonstrate that’s still quite a ways off.

  4. Hermis Says:

    DirtyBruin: Thanks for the feedback, but you misunderstood my post. Perhaps it was the way I phrased it…

    Grumbler hit the nail on the head when he said:

    “Hermis was merely pointing out that American bikers, unlike those so-called minority groups or cultures, are *not* protected by the state and federal constitutions. Meaning, American bikers, especially those with 3-piece patches, are being deprived of their civil rights by government agencies.

    You’re right on point however with: “People are People”

    My point precisely, and ALL should enjoy the same protections of the Constitution-not selected groups.

  5. sawedoff5 Says:

    Whitebear 13 1%,

    I stand corrected. With humility.
    I have been trying to follow everything but can’t. Too much going on.
    But I read some unsubstantiated BLOG that was discussing Mr Barbeito’s bond hearings and I either misunderstood or was misinformed that his attorney was seeking a plea agreement for his release on bail.
    In addition, I am VERY glad to see the name Whitebear in this forum.
    It’s a name I have heard and been in admiration of for many years. When I prospected, I believe that you were unavailable for mandatorys and other events. It wouldn’t be possible for me to ever disrespect or cause you hesitation in the business of the club.
    My feelings about Mr Barbeito mirror your own. He handed me my patch kit in his own kitchen. Something he wasn’t obligated to do but chose to do for my benefit and I’ll never betray my appreciation for it.
    I feel helpless and sometimes it effects my conclusions.
    It’s been a rough time.

  6. Mr. America Says:

    Back “Many” years ago, I was in LA standing out in front of this biker bar talking to some of the riders. When all of a sudden, we all turned and saw some of the biggest, baddest looking MF’s come rolling down the street towards the bar. There might have been about 12-15 in the group. All bearded-out, wearing leathers from head to toe. Chains, spikes, tat’s. It was summer. And, about 100 degrees in the shade. And they were wearing leather hats and flyers caps. Well, some of the other guy’s were getting kind of nervous. Me, included. Then I realized, I didn’t hear any Harleys. THEY WERE ON ROLLERSKATES! Well, much to our relief they just rolled on by. But, if they would have decided to stop in, the bar owner wouldn’t have been able to tell them they weren’t welcome. For fear of violating someones Civil Rights. True story. Thought everyone might appreciate a good laugh.

  7. Grumbler Says:

    DirtyBruin – Hermis was merely pointing out that American bikers, unlike those so-called minority groups or cultures, are *not* protected by the state and federal constitutions. Meaning, American bikers, especially those with 3-piece patches, are being deprived of their civil rights by government agencies.

  8. Hose-a 1% Says:

    W B 13 1% very well put as allways you speak the truth.Much love and respect my brother.
    Hose-a 1%

  9. DirtyBruin Says:

    Hermis: As the owner of a store or bar – why on earth would you want to keep anyone with money to spend out of your place of business?

    Ejecting people who are actually causing a problem – making a mess, harrassing your staff or other customers, stealing – is one thing. But turning down money from paying customers is just moronic. Unfortunately, there seem to be a lot of morons out there – so I’m all for adding people who ride motorcycles to the list of those who can’t be discriminated against in “public accommodations”.

    Now, I may have misunderstood you – but the way you phrased what you wrote, it sounded like you’ve got an issue with some of the groups you mentioned. [I’m with you on the illegals, who should be treated with basic decency – as they’re being deported.]

    People are People, man.

  10. Hermis Says:

    DocB: I believe that should be the case. After all, if its a “free” country for every lunatic, derelict, racial group, Homosexual, Lesbian and illegal alien- why not include ordinary Americans in there.

    Whether the American chooses to ride a pogo stick or motorcycle is no ones business, let alone under someone’s control to do away with the American’s freedom of choice!



  11. DocB Says:


    If part of a cop’s training is about sensitivity to cultures such as Homosexuals, Lesbians, Transvestites, Blacks, Hispanics and even illegal immigrants, shouldn’t they also have to take a course in biker sensitivity? I think they already do in Texas.


  12. Hermis Says:

    A lawyer (who represents America’s assurance that our citizens will receive ALL our rights and not be sold down the river by some piece of shit prosecutor or judge) revealing his fears of the reality that his client, in this case an American in the Pagans M.C., cannot receive a fair trial in court: should send a rumbling & alarming ice cold awakening throughout every Americans veins and conscience.

    Especially prospective Jury members!

    Set up by bastard prosecutors with “Deals” benefiting the prosecution, Americans must no longer tolerate this criminal behavior from our employees in the Just-us system.

    “Bikers Against Discrimination” is working tirelessly to add the biker “culture” to the State of New York’s Constitution. The state’s attorneys are currently reviewing the document and will rule on it within a month. A strategy is in place to continue throughout the entire process.

    If “cultures” such as Homosexuals, Lesbians, Transvestites, Blacks, Hispanics and even illegal immigrants are protected by the state & federal constitutions-why are American bikers left out?

    If as a business owner I cannot prevent Homos, Lesbians, Blacks, Hispanics, Asians, Child Rapists, Sexual predators, and even illegal immigrants from coming into my store/bar-why should I be allowed to exclude Americans bikers?

    Henry(Hammerin’ Hank) McGrath, Director of “Bikers Against Discrimination” will update us on the legislation Sunday night at 8PM(EST) on the “” internet radio show.

    Hank’s message, and tireless work on behalf of ALL American bikers regardless of affiliations, or lack thereof, are worth giving a listen to.

    “Bikers Against Discrimination” has jumped in and started swinging(so to speak) in order to right the wrongs currently being experienced by the dying breed of American bikers.

    I support the work currently underway by “Bikers Against Discrimination” to reverse the shameful Civil Rights raping of the American Biker Culture.

    Thank you Rebel for your continued exemplary reporting/writing, which keeps us all current on the real issues and happenings in the American Biker Culture!

  13. DocB Says:

    Mr Moore had more charges against him than any other defendant. Some of those charges were actually provable. I didn’t say he was guilty of anything, but the charges were provable. His decision to leave his club is his and he’ll have to live with it for the rest of his life. After that Mr Busses job is to get him the best deal possible. I can’t suppotr testifying against brothers in any circumstance. Mr Buss has
    extensive experience with RICO and is a very capable lawyer. It’s a matter of record.

    My best wishes and respect to any 16 member who is still loyal to his brothers.


  14. JAMES Says:

    I sincerely wish the PAGANS M.C. all the best. Just wonder which CLUB will be the next to be used.

  15. JAMES Says:

    I was once told if you look in the dictionary the word LAWYER, it is defined as “A SHYSTER” an old man told me that right after an argument with his over the phone.

  16. Apostle Says:

    Ralph C. Buss represents Floyd “Jesse” Moore, Pagans National Vice President, who entered a plea in December 2009 and is now a major state’s witness, probably being debriefed again as we speak.

    David Keith “Bart” Barbeito has not entered a plea. He is detained and his very able attorneys have several times sought to have him released.

  17. WV Fritz Says:

    I believe you might have that wrong…I only know of one that signed a deal. The other one is still detained without bond.
    I agree that the Fed’s are up bitching, and it’s about damn time that they worry… instead of putting the families thru so much stress. The wives and children have suffered way too much already. It’s a damn shame that the Feds aren’t going thru the same worry, aggravation, and hardships that these families are having to go thru.
    It has been sloppiness from the start. The Feds are finally reaping what they have sowed.
    The lose of the two Brothers during this is a damn tragedy. They will both be sorely missed. (RIP Tombstone Charlie and Jimbo)

  18. robert evans Says:

    i my self have attended a federal trial against a friend of mine the defense attorney made a laughing stock of the prosecution and the agents snitch it was allmost hillarious they load up the charges which are trumped up bullshit offer u adeal droping some of the charges plesd guilty to one or two then they look like they done their job and once again right and might has prevailed,……bullshit the outcome was not guilty on all charges most with no evidence or even probable cause to begin with the jurors came up to us shaking hands saying they thought the whole thing was bullshit and they were right what the hell is this country coming to when goverment agencies have to invent crimes to have a job fuckem in the ear did yall hear that

  19. WHITE BEAR 13 1% Says:

    Sawedoff5, perhaps you can explain your comment that the top 2 Pagans signed off on deals you will get no arguement that Moore has given up any little bit of manhood he had, even left his son sit, what a man, what a man. But to put Bart in the same category as Moore shows me that besides posting some decent stuff here you are not familiar with things going on. Mr. Barbeito is perhaps the finest man I know and I
    have had the Honar of knowing everyone of the stand up 73 and the first RICO tried in 1985 where 22 people including 11 Mother Club members stood together and although lost the case showed the biker world what it ment to belong to a Brotherhood. Mr. Barbeito has been the National President for 20 years, for someone to take a major club from two RICO’s in the mid eighties and the most anyone can say is he is part of a raffle ticket conspiracy. He has more integrity then average, he has 0 ego and an example for every 1% in the world to strive thier best to emulate. He is a father, husband, brother, son and friend that I hope I can emulate. I watched him grow from the age of 17 when I was his Mother Club Advisor to the point that our rolls flipped and am proud of the little part I had in molding this fine man. Keep the faith Brother we are doing all that we can to get you to your family and friends

  20. WHITE BEAR 13 !% Says:

    I have two seperate comments: First DOCB if you have followed this case at all I can’t believe that you could praise Floyd “Jessie” Moore private
    attorney who negotiated the rat deal for the person responsible for this whole fiasco F. Jessie Moore. It seems to me that he should ask to be disbarred on grounds of being unethical and major conflict of interest. Attorney Buss is the NCOM attorney for I believe Ohio and West Virginia and possibly other states, he negotiated on behalf of Mr. Moore to give away his manhood, his friend (Bart 1% 13) and our trademark. Seems to me don’t have to be smartest man in world to figure this out. Richard (LESTER) founder of NCOM it is your responsability to deal with this get rid of him he crossed the line and I knew that when I was in regional jail and the two of them Moore And Buss were walking the halls minus staff
    if you can’t see this then I can only say I am appauled

  21. sawedoff5 Says:

    Feds are so used to Judges and Grand Jury’s just accepting what they are offering in order to prosecute, the they went into this on the weakest of evidence.
    Then to have the top 2 16’s in the nation to sign off on deals…well I guess that this judge is the first one to actually stop and THINK for a minute. Very unusual turn of events in a 1% case.
    The Feds are up late tonight bitching each other out over beers.
    Some andy of mayberry could’ve done a better job. They’ve grown spoiled and sloppy in these cases. GOOD FOR the 16’s. Let them get back home to their families and their. Feds have already hurt enough people. (And killed one outright…plus one who died in custody in WV)

  22. DOCB Says:

    He hasn’t really done anything yet. He’s just said hold on a minute, how can a guy plead guilty if a crime hasn’t been commited. Sure opens the door for a bunch of dismissals though if these lawyers keep fighting. Lets hope the bells and whistles keep going off and that common sense prevails.

    P.S. There are some other verry good lawyers involved in this case. Among them Ralph C. Buss’s name comes to mind.

  23. Jabba Says:

    Holy fucking shit, “a dose of common sense” as my old dad would say. Will miracles never cease?

    Let’s hope something sensible comes of it.


  24. WV Fritz Says:

    Finally the bells and whistles are going off… and the Judge is looking and apparently saying “What the fuck?”

  25. RVN69 Says:

    Me thinks someone has pulled out the right card and now the whole house is beginning to tumble. Every thing isn’t illegal just because the feds say it is! Pagan Nation, stay strong in your struggle against this persecution.

    Respect to all that have earned it
    Si vis Pacem, Parabellum.

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