Chosen Few Indictment Dismissed

December 5, 2011

All Posts, News

William J. Hochul, Jr., the United States Attorney for the Western District of New York, finally dismissed the racketeering indictment against members of the Chosen Few Motorcycle Club.

The indictment has been hanging over the heads of 18 members of the club for 31 months since May 2009 when most of the accused “racketeers” were rounded up in a series of paramilitary raids. The case began with an indictment on March 17, 2009. The lead defendant in the case was Chosen Few President Alex “Al” Kotschuk.

The original and superseding indictments culminated an investigation by the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The investigation centered around an on again, off again dispute between the Chosen Few and two other upstate clubs named the Kingsmen Motorcycle Club and the Lonely Ones Motorcycle Club.

According to the indictment, “Beginning sometime in 2003, the exact date being unknown, the Chosen Few and a rival motorcycle club, the Lonely Ones Motorcycle Club of Blasdell, New York had a dispute which the officers and members of the Chosen Few attempted to win.” The indictment listed multiple accusations of threats, assaults and arsons.

Before the indictment, the Chosen Few was best known for sponsoring an annual Bikes and Blues Festival.

Forcing Plea Deals

As is true with all racketeering indictments against motorcycle clubs, the case was never supposed to go to trial. The government held the charges and the threat of decades-long imprisonment over the accused men’s heads like a broadsword. In the usual scenario, defendants plead guilty to racketeering and usually minor, sometimes non-criminal. “predicate charges.” As is also true in racketeering indictments against motorcycle clubs, the prosecution hid any evidence to support the allegations for years. In this case, the Chosen Few defendants had competent council.

As is also true in most racketeering indictments against motorcycle clubs, the government misled grand jurors when seeking the indictment. Over the last several months the government has stubbornly refused to release information about their manipulation of the grand jury. The case was largely based on incriminating statements made by a government informant named David Ignasiak.

One Conviction

One member of the Chosen Few was actually convicted of a crime during this long drama. Chad Koschuk, the son of the lead defendant in the case (he spells his name differently than his father), was convicted of threatening a witness in July 2010. Chad Koschuk had run into Ignasiak at a convenience store the previous September and had threatened “to forcibly sodomize the witness because the witness had provided information to the FBI about his father and testified before the Grand Jury about his father.” Chad Koschuk was sentenced to serve 18 months in prison in November 2010.

Ignasiak accused another Chosen Few member of pantomiming a gun with his hand and waving that at him in a threatening manner. A judge later ruled that the informant was provably not where he claimed to have been when the Chosen Few member was supposed to have waved at him.

After his credibility was called into question, the informant said the Chosen Few were liars not him. “That’s the Chosen Few way – blame someone else. But this time, it won’t work,” Ignasiak told the Buffalo News in August 2010. “If anybody is saying untrue things, it’s them. . . . The telltale day will come in the courtroom – not just from me, but from an abundance of people.”

Oh, Never Mind

That never happened. The Department of Justice released the following statement Saturday afternoon:

“U.S. Attorney William J. Hochul, Jr. announced today that the Government applied to dismiss the presently pending Indictment in U.S. v. Kotschuk, et al., without prejudice, based upon recently received information. Chief United States District Court Judge William M. Skretny granted the Government’s application.

“‘Our Office moved to dismiss the presently pending Indictment in U.S. v.Kotschuk, et al. in light of information that recently came to light,’ said U.S. Attorney Hochul. ‘Judge Skretny granted our application without prejudice.’”



6 Responses to “Chosen Few Indictment Dismissed”

  1. RVN69 Says:

    “‘Our Office moved to dismiss the presently pending Indictment in U.S. v.Kotschuk, et al. in light of information that recently came to light,’ said U.S. Attorney Hochul. ‘Judge Skretny granted our application without prejudice.’”

    This prosecutor speak for “we stepped on our dicks and got caught lying our asses off, but because we are the all powerful federal government we are going to keep this indictment hanging over your heads indefinitely.”

    Potius Mori Quam Fordori

  2. Lawyer'd Up Says:

    Did Ciccone, Koz and the rest of the asswipes fuck this one off too?


  3. shovelNY Says:

    thanks as always for the informative reporting.
    here’s a link to a interesting article regarding police behavior and attitudes and the paramilitary assault on citizens constitutional rights every day

    respect to all who take the time to post and act like grown up human beings regardless of opinion or affiliations.

    while i may not always agree ,everyone’s views are interesting and thought provoking

  4. Rebel Says:

    Dear shovelNY,

    Yeah, I saw it. I thought Radley Balko did a good job with the story.


  5. BBB36 Says:

    First I would like to thank you for keeping it real Rebel!
    I read your stuff when my brothers would bring it in to me while
    I was sitting in the county for 31 months!I just wish they
    would have gotten to the corrupt shit that they did.I don’t
    put nothing passed these feds.Now there gonna hold this shit
    above our heads.I’m a can walk away with my head held
    high as can my brothers we will survive stronger than EVER!
    But what really bothers me what if I didn’t have my family
    and bro’s.I walked out of jail 31 months after I was labeled
    unfit to be in society.Now I’m okay to walk the streets again
    thats fucked up if you ask me.My sweat pants and a t-shirt and a
    pair of sneakers bought off commissary NOTHING ELSE!
    Anyways rebel keep up the good work on keeping it real.
    Hopefully our judge McCarthy some day makes as chief justice
    cause he saw through all the BULLSHIT!
    To everyone that reads this YOU CAN BEAT THE FEDS you just
    have to love for your [email protected]! F.T.F

    CFFFCF 36

  6. Redneck Says:

    FUCKIN’ ‘A BRO!!!!!!!!!!!

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