Outlawing A Motorcycle Club

September 3, 2010

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The government’s argument for the legality of outlawing fraternal, legal and social organizations is most frankly summarized in three  documents filed in the case US v. Cavazos et al. The government is accusing the Mongols Motorcycle Club of being a “racket” and that accusation constitutes about half the proof. The other half of the proof is that former Mongols President Ruben “Doc” Cavazos has been blackmailed into acquiescing with that accusation.

Following are excerpts from those three documents.

Cavazos Plea Hearing held on January 23, 2009

Christopher Brunwin to Judge Florence-Marie Cooper:

Your Honor, briefly, the government has moved to file the plea agreement in this matter under seal and, for the same reasons set forth in the government’s application to file the plea agreement under seal, the government would also request that these pleadings be under seal and the transcript of these proceedings also be under seal.

Judge Cooper:

All right.


As well as entry on the docket.

Judge Cooper:

I believe there is no one in the courtroom other than people who have been cleared by both sides. Am I right?


That’s correct.

Federal Public Defender Angel Navarro:

That’s correct.


And I believe we’re (the doors are) locked.

Judge Cooper:

All right.

Later Judge Cooper to Cavazos:

…later in the plea agreement we’ll talk about the fact that the government might make a motion based on your assistance and cooperation to reduce the sentence; and it could even be reduced below the mandatory minimum. But that’s up to the government; that’s not up to the court. And absent that kind of motion, I will be obligated to give you at least ten years in prison for these two counts. Do you understand that, sir?



Judge Cooper:

All right. There’s a very detailed factual basis for the plea laid out over a series of pages in this agreement…. You have agreed in this plea agreement to cooperate fully with the United States Attorney’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and any other federal or other law enforcement agency; to answer their questions, to attend meetings, cooperate and assist them. You’ve also agreed to forfeit all right, title, and interest in the assets acquired or maintained by you as a result of these two offenses to which you’re pleading, particularly the trademark or service mark “Mongols” and to waive any challenges to the forfeiture of those assets. At the time of sentencing, the government will move to dismiss the other counts of the Indictment against you. And if the government decides that you have, in fact, provided substantial assistance, it may then move the court, under 5K1.1, to reduce your sentence. In any event, the government will recommend that you be sentenced at the low end of whatever the guideline range turns out to be.

Later Judge Cooper to Cavazos:

Okay. Can you explain in your own words what you did that makes you guilty of these offenses?


Umm, I was the president of the Mongols Motorcycle Club while its members committed some of these crimes.

Judge Cooper:

Okay. And you knew about them at the time?



Judge Cooper:

And participated in an agreement that those crimes would be committed?



Cavazos Declaration From June 9, 2010

I, Ruben Cavazos, declare:

I am the lead defendant in United States v. Cavazos. The facts stated herein are based on my personal knowledge and, if called to do so, I could and would testify competently thereto.

Beginning in approximately 1996, I was a member of the Mongols (the “Mongols”) which is described in the indictment in the above-captioned action. The Mongols was comprised of “chapters” located in different geographical regions, although most were located within the Central District of California. In 2008, the Mongols also had chapters in other parts of California, as well as in Oklahoma, Florida, Nevada, Oregon, Maryland, Virginia, Indiana, New York, Utah, Washington, Montana, Arizona, Colorado, Mexico and Canada.

From 2002 until the summer of 2008, I was the national President of the Mongols. During that time, the leadership and governing body of the Mongols was its “Mother Chapter,” of which I was also the President. As national President and President of the Mother Chapter, I exercised direct authority and control over the actions of individual Mongols members and the regional chapters. The Mother Chapter collected and reviewed all membership applications and fees for membership and resolved disputes within the organization.

While I was national President of the Mongols, I was personally responsible for obtaining federal registration of the following collective membership marks:

a) The trademark assigned Registration No. 3076731 (serial no. 78610213) and all rights and privileges appurtenant thereto, issued to Mongol Nation on or about April 4, 2006, purportedly for use in commerce in connection with promoting the interests of persons interested in the recreation of riding motorcycles. This mark is a drawing of a motorcycle with rider holding a sword and resembling a Genghis Khan type figure wearing sunglasses with a pony tail on top of the head, and is referred to herein as the “symbolic mark”.

b) The trademark assigned Registration No. 2916965 (serial no. 76532713) and all rights and privileges appurtenant thereto, issued to Mongol Nation on or about January 11,2005, purportedly for use in commerce in connection with promoting the interests of persons interested in the recreation of riding motorcycles. This mark consists of the word “Mongols,” and is referred to herein as the “verbal mark.”

On or about July 21, 2003, I applied through private counsel to the United States Patent & Trademark Office (“PTO”) to register the word “Mongols” (the verbal mark) as a collective membership mark. I subsequently applied, again through counsel, for registration of the symbolic mark. In support of the applications, I explained that the marks had been adopted by the Mongols as a symbol of membership in the organization.

I further stated, in pertinent part: The only persons entitled to use or display the mark are Members in good standing of the [Mongols]. The mark is displayed on a membership card given to a member … at the time membership is granted. The [Mongols] control the use of the mark by members in the following manner: An applicant for membership in the [Mongols], following completion of all requirements for initiation and membership, receives the membership patch …. [T]he membership patch can only be worn by a member. …

I sought the registration of the marks in order to ensure that I and the Mongols could prevent others from using our name and symbol. The officers of 1 the Mother Chapter subsequently agreed that, in order to further ensure the protection of the marks from usage by others, the marks should be assigned to Shotgun Productions, LLC, a corporation that I owned and controlled. The transfer of the marks to my sole control as property of Shotgun Productions in April 2008 was carried out with the full knowledge and consent of the leadership of the Mongols, who were responsible for making decisions for the enterprise. I incorporated and utilized Shotgun Productions at all times for my personal use and benefit. Neither the other officers of the Mother Chapter nor any members of the Mongols had any control over or participation in the creation or operation of Shotgun Productions.

I made no further assignments of the marks. I obtained and maintained the above-described registrations as part of my operation, control, and participation in the Mongols as described in the indictment. In addition to identifying Mongols members to each other, the marks identify members to the general public and members of other outlaw motorcycle groups. The top rocker patch (bearing the verbal mark) and center patch (bearing the symbolic mark) were issued only to members, as were other patches bearing all or part of the registered marks.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this ninth day of June, 2010 in the Central District of California.

Ruben Cavazos

Government Counter-motion Filed August 23, 2010

…Mongols Nation Motorcycle Club, Inc. (“MNMC” or “Petitioner”), the most recent iteration of the self-professed “outlaw” motorcycle gang of “one-percenters”: argues an inapplicable legal standard; utterly ignores the correct legal standard; disregards material undisputed facts and judicial admissions that it has made in previous filings; and ignores virtually all of the authority set out in the government’s moving papers.

The government’s motion should be granted because Petitioner is incapable as a matter of law of prevailing on its claim given the overwhelming and undisputed evidence that (1) it acquired its rights in the Marks well after the commission of the acts giving rise to forfeiture; (2) it was not a bona fide purchaser for value of that interest; and (3) it had actual knowledge at the time of its acquisition of the interest that the government was seeking the Marks’ forfeiture. An ancillary petition may be dismissed without a hearing where the government demonstrates that the petitioner cannot prevail as a matter of law.

…If Cavazos had the actual authority to register the Marks as national president of the Mongols — and Petitioner admits that he did — he clearly had at least the apparent authority thereafter to assign them to Shotgun Productions while still president of the association, regardless of Gonzalez’s later statement that he did not. In each of the referenced filings, the president of the gang acted through counsel in his official capacity and submitted a sworn declaration to the (United States Patent and Trademark Office) USPTO. A third party reviewing the USPTO filings with respect to the Marks would reasonably conclude that all of Cavazos’s actions with respect to the Marks were pursuant to his authority as president of the gang, and the Mongols are bound by the actions taken by Cavazos within the scope of his apparent authority. It is significant that Petitioner cites no legal authority whatsoever in support of its argument that the assignment of the Marks to Shotgun Productions can be ignored. Instead, it relies entirely upon its own conclusory legal argument in its petition. That is not enough to avoid dismissal. As the government noted in its moving papers, a court need not “swallow the [petitioner’s] invective hook, line and sinker; bald assertions, unsupported conclusions, periphrastic circumlocutions, and the like need not be credited.”

…Finally, Petitioner’s arguments that it has enjoyed continuous ownership of the Marks since 1969 and that MNMC, the current titleholder of the Marks, acquired its interest by operation of law when it incorporated in December 2008, are belied by its own actions and evidence, as well as applicable law. The October 2008 assignment of the Marks back to the association demonstrates that even the gang believed that the Shotgun Productions assignment was legally binding. More importantly, however, in January 2009, approximately two months after the incorporation of MNMC, the Mongols effected another assignment — this time from the association to MNMC.

…At several points in its memorandum, Petitioner attempts to support his argument by relying upon the July 31, 2009 Order entered in the civil action entitled Rivera v. Carter. As explained in the government’s moving papers, that civil action is being prosecuted by a Mongols gang member who is not a defendant in this case and claims no ownership interest in the Marks. The referenced order involved the determination of whether the plaintiff in that case should be granted immunity from those portions of the October 2008 Amended Order allowing the government to seize items bearing the Marks from non-defendants. The court in that case (Judge Cooper) made a number of findings based on an incomplete record, including a finding that the Marks were not subject to criminal forfeiture, an issue that was not before it in the civil case and which it should not have determined.

…The Court has already determined that the Marks are subject to forfeiture in issuing the June 15, 2010 Preliminary Order of Forfeiture. The only matter left to be determined before the entry of a Final Order of Forfeiture is the adjudication of Petitioner’s purported third-party interest. For the reasons explained above, Petitioner cannot state a justiciable claim under 18 U.S.C. § 1963(l). The government is entitled to judgment against MNMC on its petition, and respectfully requests that MNMC’s petition be dismissed with prejudice.

Respectfully submitted,


United States Attorney


Assistant United States Attorney

Chief, Criminal Division

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31 Responses to “Outlawing A Motorcycle Club”

  1. C8652 Says:

    So who gut checked Cavozos? Must have been one hell of an epiphany. An absolute lack of pride. He broke bread with a lot of people, and called a lot of shots and from what I read it appears that he is now one of the anointed few.

    Separately, The court filings remind me of how the Rail Road Companies got their right of ways back in the day.


  2. Joseph S Says:

    Good reporting Reb.

    The Man of Steel



    Support the author who brings you the truth

    Respect, Steve

  4. KK Says:

    Rebel, this fofwear.com legit? Have a happy safe holiday. KK

  5. Rebel Says:

    Dear KK,

    Yeah, fofwear is legit. A guy asked me if he could do it and I said “yeah.” If it makes any money (like a hundred bucks or whatever) I intend to first try to give it to Brothers Behind Bars. I do not intend to profit from it.


  6. RVN69 Says:

    Isn’t it comforting to know that with the aid of our taxes, extorted from us under threat of arrest, the Federal government can ignore the ruling of a judge if they don’t agree, ignore the will of the people who they supposedly work for and trample the constitution and bill of rights in their efforts to protect us from ourselves.

    Si Vis Pacem, Para Bellum

  7. bostonbob 1% Says:

    Erudite, as always Reb, great reporting!

  8. Detroit Dutch Says:

    Assignment of rights has always been a quirky issue of the law.

    Here in Northern Michigan people who would sell a piece of land but wanted to exclude (keep) the mineral rights for themselves, sold (the house and land) under an “exclusion” clause in the title transfer.

    However it was later discovered that these folks never went in and “subsequently reserved these rights” in another document (which is the law.)

    What transpired was that these folks “threw up in the air” those rights and legally allowed anyone to walk in and reserve them. Additionally the government would swipe them from you, if you didn’t formally reserve them after 10 years and no subsequent re-reservation was initiated.

    The Antrim Gas veins were an easy target for natural gas drillers (shallow wells and some even seeped above ground through fricks and fracks) and started a huge boom in Northern Michigan, for both the drilling companies and the “Shady Lawyers” that moved into town and stole all of these “zero exclusion” rights.

    So who was more shady, the lawyers who preyed on these innocent people and stole these rights or the government who capitalized on people who knew nothing about “reserving these rights” every ten years?

    Ahhhh I think Shakespeare had the right answer here.

  9. Dan the Man Says:

    So now I’m all confused, when the RIAA got convicted of price fixing CDs back in the day, did they confiscate the rights to record label imagery, and the MTV logo.

    During the ENRON scandal was all their intellectual property usurped?

    When Microsoft ran such a racket in the computing world in the mid 90s, did anyone ask for them to fork over IP?

    No, no, and no, this is unprecedented, and its obvious that in some cases the government is making up rules as they go along.

    If they have real crimes to charge members of Mongols MC with…do it, otherwise shit or get off the pot.

  10. DocB Says:

    I think it’s pretty simple really. If you’re a federal prosecutor you don’t need a grey area of contention, you simply interpret things any way you want, creat your own grey area, enforce it and make somebody spend a bucket full of money taking you to court to change it back to the way it should have been.
    Federal prosecuters are bulleys. They use your tax money to bulley somebody else who probably doesn’t have the money to fight back.
    just my 2 cents

  11. Squirts Says:

    Well said, DocB. The key word in your synopsis, IMO, is “interpret”. What a powerful (and easily manipulated) word that is. Respects

  12. Rebel Says:

    Dear Dan the Man,

    Don’t be confused. You know. Everybody knows. It is just that the truth is so terrible it even scares the police.

    The United States of America is what Andrew Carlon, writing in the Virginia Law Review two years ago, calls a “sadistic state.” We are no longer a people. We are a polity. And the state can’t do anything except punish people. That is the limit of the power of the United States. We can no longer win wars. We cannot go back to the moon. Nobody even talks about reconciling the races. Nobody even talks about poverty. Our infrastrucure is in ruins. All the industry is gone. Our economy is based on rhetoric and facebook. Towns used to compete for mills and factorys. Now they compete to see who will get the new prison. All the good jobs are to become cops. Every day, more families are homeless. You get the idea. Everybody knows it. The problems are greater than the last three loser Presidents. All America can do is is surveil people, entrap them and throw them in prison. We punish people. That is what we do because that is all we can do. That, is how people now fill their rice bowls. The Mongols case is just one manifestation of that.

    Soon every inch of America will be what Jefferson’s contemporary Jeremy Bentham called the “Panopticon.” No wide open spaces, just one big prison. It now costs $50 K a year to keep somebody in prison. For every thousand residents of the US, 8 are in prison. One in 31 Americans are in jail, prison or officially “supervised.” Next we will punish people with ankle bracelets. When we get to where one in every 15 Americans is officially a prisoner we will punish them all with ankle bracelets. Computerization will make it possible to know when all of those “violators” takes a drink, smokes a joint, gets too excited, has an erection or rides his motorcycle to the wrong place. Only the “violators” who do not play by the rules will actually go to the penitentiary. The rest of the prisoners will “self-regulate.” The company that already owns the market on that version of America is called “ExacuTrack” by the way. In case you are looking to buy some fucking stock.

    your pal,

  13. Trabi Says:

    It’s sad but true Rebel,
    I’ve started to pre-apologize to my wife for doing time because being a Man who stands on his own two feet is now a guarantee of being locked up. Not an if… A when.

  14. tmfp Says:

    Did you know that there are more people in prison in the US for drug offences than there are in more populous Europe for All offences?
    Had a look at Exacutrak, the “Cognitive Behavioural Program” they offer as a *low cost option” is straight out of 1984:
    ‘At these centers, offenders report regularly for drug and alcohol screening, receive intensive case management, treatment and training.’
    Victory gin and tonic, anyone?

  15. BigV Says:

    The sad thing is that we could bring back industry to the US and we could save the economy, were we not serfs.

    The US Constitution provided for a uniform tariff on all imports- we financed all the government we needed financed from the inception of the US until well into the 20th Century. Bring back the uniform tariff, and quit punishing those who work with a disincentive to work.

    Bring back manufacturing. How ? Provide a tax for every job that a company creates through using imported parts/goods, and a higher tax for every job that they outsource. Then, provide a tax cut for every US job they create.

    At the same time, we start doing something the immigration problem to stabilize wages and quit having our infrastructure and public goods bled dry by free riders.

    Then, we cut off all international aid- period. No emergency aid, no aid for democratic stability, no weapons aid, no training aid, no sing and dance and suck your dick aid.

    We could do this, but the economists who have the ear of the politicians are two bit whores and the politicians are either corporate welfare pigs or globalist welfare pigs. One wants to give everything the American work owns away to the rich, the others want to give it away to any charity case with an open hand and a sob story.

  16. sled tramp Says:

    I rarely post here anymore but I felt this was worth reading given the way things are going…

  17. Magnet Says:

    more details from the same source:


    sled tramp – hope all’s well.



  18. Arthur Says:

    Just a crazy thought here but it seems at times that the media and other press tend to gravitate towards always focusing on the negatives in the MC world. Here is my question: if the same scrutiny were applied to Bowling Leagues or Unions, would we not find a constant stream of bad press? My thought is of course due to the fact that if you stare at one object or attraction you eventually start to pick out flaws. Nothing is perfect and when the focus is always on something, the imperfections start to stand out. Is it fair? Hell no! And that tired argument that as long as your not doing anything wrong is bullshit. You concentrate your attentions on any group or activity long enough you find fault in it. LE can and will find a rhyme or reason to justify those tax dollars being spent.

    Read a comment on another website a few years ago that really stuck with me. It was regarding all the money spent on the ATF Billy Queen investigation. Imagine is that same amount of time and energy(not to mention MONEY) was spent making sure America was safe from foreign threats. Remember, that went down around 9/11. But no, our money has to be spent making sure Americans are held in check. Please.

  19. JAMES Says:

    “DOC” is the most PATHETIC PIECE OF TRASH in the world of motorcycling and anyone who did not know what he was about had to have been blind.

  20. Grumbler Says:

    Its unbelievable how much pressure came on us as soon as we put colors on our backs.

    Source: https://www.chopcult.com/news/articles/inside-the-dtmc.html?comment_id=6514

  21. theone Says:

    Judge wright made a ruling today in favor with mongols mc goverment cant take there patch.

  22. FATF Says:

    Judge Wright rules in Mongol’s favor!!!

  23. suave Says:

    this true i jsut heard that to

  24. DocB Says:

    Just had to laugh my ass off at this one:

    What kind of dude makes a good Deathtraps member?

    A defense lawyer!

    Hope these guys stick it out



    Support Rebel wwww.fofwear.com

    awesome!!!!!!!!!!!! keep it real DTMC

  26. Rebel Says:

    Dear theone,

    Thank you. And, yeah.

    The ruling has not yet been filed. This may be because the Federal Justice Casino is entirely staffed by government employees or there may be some strategic reason behind this official silence — like an emergency appeal.

    I personally think the clerk is just drunk.

    As soon as I see a copy of the ruling I will report it. It should be officially filed sometime on Monday.

    Enjoy the heat.

    your pal,

  27. Robert aka Bear Says:

    The only thing that I know is that a brother does not Rat on another brother. If you belong to a brotherhood then your brothers must come first. When you give your word and then rat on your brothers, that means you never were a part of the brotherhood. You’re just low life scum. I have been on this earth for 57 years and have never and I mean never ratted on anyone. At least I will go to my grave knowing that I never stabbed anyone in the back. One of my close brothers was arrested in that raid. He had heart problems and needed medication but the federal government did not give him the right medication and he died in custody. That’s what happens with the federal government, if they can’t get you one way to get you another way. I feel the government did not have a strong case against him and got him anyway they could. The only thing that I know, is that one day the government, jail workers and anyone else that brings harm on the brotherhood will get theirs in the end, because what goes around comes around.
    “”It has been and always will be a black and white World (nation)””
    I support the black-and-white nation.
    Stay strong my brothers

  28. sled tramp Says:


  29. Grumbler Says:

    Over a long distance, you learn about the strength of your horse; over a long time, you learn about the character of your friend.

  30. Detroit Dutch Says:

    Victory in Sgt Derek Hale Case!!!!!!!!!!

    Wilmington settles lawsuit over death of former Marine Derek Hale– Dec 10, 2010– Delaware – by Esteban Parra; Delaware On Line dot com– Wilmington has settled for $875,000 a lawsuit filed by the widow of a decorated Marine who was shot to death more than 3 years ago by police during an investigation of the Pagan’s MC, according to documents filed in Fed court.

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