Mongols Forfeiture Case Update

June 22, 2012

All Posts, News

The heartless legal game that is the four-year-long Mongols prosecution wound a little closer to its end in the last month.

Most of the action, or inaction, these days is about whether or not the government of the United States has to return what it stole from members of the club and when and how. The legal pretense for the theft is a hustle called civil forfeiture. The pretense is worthy of the Khmer Rouge.

If you were in any way associated with the Mongols Motorcycle Club during 2008 the government asserted its privilege to steal your motorcycle and any loose cash you might have had lying around. The seizure of the cash was particularly troubling. After the heartless bastards who engineered this prosecution confiscated the bank accounts and tangible assets there was nothing the wives could use to pay the rent and feed the children except whatever currency their men had cleverly hidden away. So the government stole the cash, too. The idea behind that was to inflict as much suffering on the families as possible. This is what America has come to.

Civil Forfeiture Suit

Over the course of four years these thefts became a lawsuit called United States of America v. Assorted Firearms, Motorcycles and Other Personal Property. Most of the victims of this government suit were never indicted and were never guilty of any crime but the forfeiture action was a way to make them suffer. The point of criminal law in the United States is to make people suffer not to serve justice – as the point of the Spanish Inquisition was to make people suffer not to serve Jesus. The Grand Inquisitor here is a federal judge named David O. Carter (photo above). The man with the red hot pokers is an Assistant U.S. Attorney named Steven R. Welk.

The case continued so long that it threatened to go to trial. In general, federal justice hates trials. Trials are a particular pet peeve of Judge Carter who has said many times that he “believes in the plea bargaining system.” Carter tried to discourage the prospect of a trial at a “status conference” on May 16. (The Aging Rebel covered that hearing here. ) Carter told the attorneys that day in blunt terms to avoid a trial. The trial date was set for October 9 and Welk got to work making deals.


Immediately after that hearing Carter screwed nine of the plaintiffs out of their property because they did not attend the status conference or hire an attorney to attend for them. In his order of default Carter wrote:

“Nine of the claimants failed to appear on May 14, 2012 – Moises Aragon, Sarah Figueroa, Juan Alfred Gonzalez, Gary Guerrero, Joshua Merrill, Harry Reynolds, III, Thomas Alarcon, Daniel Medel and David Tellez – and none of them notified the Court of their intent not to appear or offered any justification or excuse for their failure to appear. None were granted permission not to appear. Most of these claimants have failed to appear at any of the court-ordered status and scheduling conferences held in this matter.

“At the hearing on May 16, 2012, Al Cavazos, a relative of Ruben Cavazos, Sr. appeared and asked that his claim continue. Thus, the Court does not strike the claim. Al Cavazos, who addressed the Court on behalf of Ruben Cavzos, Sr. is ordered to file the address with the Court where Ruben Cavazos, Sr. is residing/serving his commitment. If Ruben Cavazos, Sr. does not litigate his claim, his claim may be stricken by the Court.”

“The appearance of all parties at status and scheduling conferences is essential to the expeditious resolution of litigation, this Court’s need to manage its docket, and the avoidance or prejudice to other parties. While the imposition of terminating sanctions is substantial, it is appropriate where a party has failed to make any effort to communicate with the Court or the other parties, or take reasonable steps to advance the litigation.”

Judge Carter does not know that Ruben “Doc” Cavazos is now incarcerated at Federal Correctional Institution La Tuna in Anthony, Texas because it is a national secret that, apparently, not even federal judges are allowed to know.

And Settlements

Thirty-two victims of the civil forfeiture have had some or all of their property returned since May 16. The settlements vary from civil forfeiture victim to victim. In most cases each victim had to agree not to sue the government in order to get his motorcycle, cash or other property back.

Those victims are: Mark Coronado, Don Cook, Ross Jauregui, Michael Ramos, Jim Canales, Joseph Gallegos, Ramon Uribe, Donald R Jarvis, Lizette Ortiz, Leonard Valles, Raul Varela, Jr., Eric Romero, Joshua Steven Teutschman, Diana Vivian Camacho, Don Cook, Jerry Pavia, Francisco Montijo, Frederick Widmaye, Etta M Aguirre, Mark Coronado, James Paniagua, Eduardo Sanchez, Patricia Quintero, Jason Hull, Manuel Viramontes, Jose Ochoa, Stephen Worthington, Alex Vallejo, Thomas Garcia, Andrew Bobadilla, David Tellez and Jorge Viramontes.

A trial for the remaining victims is still scheduled for October 9.


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11 Responses to “Mongols Forfeiture Case Update”

  1. 11c_infantry Says:

    FEDS = Freakin’ Evil Doing Swindlers

  2. JAMES Says:

    Nothing but common thieves and of course they did not want anyone suing the GOV. that way they could give back items in whatever condition and keep some with no restitution.FUCK THIS JUDGE

  3. sled tramp Says:

    Seems to me if you put a cowl on this Carter asshole, he looks like Darth Vader’s boss in Star Wars.And ya know…I don’t recall ever seeing them together…..hmmmmmmmmmmm….

  4. Junior Says:

    Tacit procuration strikes again; silence=consent but it goes both ways. Many years ago, I got a default against IRS in state court cuz IRS didn’t show up (they rarely do) to prove they had authority to enforce their “tax law” in my state. My default barred IRS from enforcing their tax code against me. If any here want more info on that process, rebel you have my permission to pass my email address to those interested. FTG & IRS -Junior

  5. Junior Says:

    Tacit procuration strikes again; silence=consent but it goes both ways. Many years ago, IRS purported, to me, that they had authority to enforce title 26 within the several states. I sued IRS to make em prove their authority in state court. I got a default against IRS in state court cuz IRS didn’t show up (they rarely do) to prove they had authority to enforce their “tax law” in my state. My default barred IRS from enforcing their tax code against me. If any here want more info on that process, rebel you have my permission to pass my email address to those interested. FTG & IRS -Junior

  6. Junior Says:

    The height of Apathy: I offer a legal process (for free) that eliminates the ability of the IRS to enforce title 26 within the several states on those individuals bold enough to follow through with the process and I haven’t received one single fucking email. I paid a guy a thousand bucks for this knowledge and process and yes, it worked! I got my judicial order against IRS signed in 2003. The fact that noone is beating my door down speaks volumes and confirms my suspicion that our nation is completely apathetic and asleep at the wheel, agingrebel posters included! Isn’t there one soul here with the intestinal fortitude to follow through this process like I did years ago?
    If not, Enjoy your socialist nation, pay your taxes like good 14th amendment citizen subjects (city dwelling denizens) and when you find yourself a subject of an authoritarian one world government enforced by blue helmets and martial law dont expect me to stand up and fight for you. If you wont fight now, you wont fight later, and you arent worthy of being fought for. FTW.

  7. BadMagic Says:


    How bout sharing the relevant facts without requiring a head count? First, what states do you believe it works in? What are the beginning steps? What is required? What are the downfalls? Where does one research the topic further? Where can we look up your order? etc.

    I temper my curiosity with suspicion. A red flag goes up for me when registration is required. Not that I have anything to hide. It is that I have everything to protect.

    If there was a law passed that supposedly protected some gun right, that required you to register you guns, would you register them?

    It would seem if you truly wanted more folks to stand up and participate in this fight, you’d make the information more available. You can’t judge interest by by hording information and think that because no one is willing to make themselves vulnerable to have it, they aren’t worthy. Give it away and if there isn’t any interest, there are only two possible reasons why. The information wasn’t or isn’t shared in a useful or tangible way. Or the information isn’t the same for the rest of your peers and you might want to be more wary yourself.


  8. Junior Says:

    So few desire to battle govt or IRS. I’m not a peddler of anything, I offer my knowledge and experience freely. The beginning steps depend on what your end goal is. You ask what is required, the only thing required is the desire to tell the IRS to fuck off and the fortitude to buck the system. I only go into great detail with those that show a genuine desire and interest. If you have a genuine desire & interest, i guess ill get am email from you.

    There is no “registration”, only motions & orders. -Junior

  9. Junior Says:

    BadMagic: The process i briefly describe above is a process by which you call IRS into state court (IRS almost never shows up in state court) to prove their claim. Their claim came to me in the form of a computer generated letter in which IRS claimed I violated some statute codified in title 26 of the US code of laws (tax code). The process I briefly describe above is only for those who have been notified by IRS that they are in violation of some tax law and want IRS to prove their authority to enforce title 26 within the several states.

    I know other people in Texas & Georgia that completed this same process when they were in the same predicament. Somewhere along the way one of these guys figured out that IRS doesnt like state court and never shows up as defendant in state court, so this made it real easy to file a motion in state court requiring IRS to prove their authority to enforce federal tax code within the several states. Of course IRS didnt show in my case and I got my default which barred IRS from enforcing tax code upon me.

    I’ll lead horse to water, but I aint gonna make em drink! -Junior

  10. BadMagic Says:


    Thanks for the info.

    Long story short, I for most of my life I have not filed taxes. I’ve paid them, just not filed for a return. I know I need to value money more and be more financially responsible. I pay my debts. I make a living. I try to do what ever I want. I’m happy with that. If a guy were to put a price on the time it takes to save a penny, and the worry and anxiety it causes, I don’t know that it balances out. Last time the IRS came after me for not filing returns it cost them 5K. I find it humorous that the assume all that don’t file owe.

    In a different situation, just for the humor of the story, I had an accountant that called his buddy in the IRS to tell me what I had to do and the IRS man sided with me and told the accountant to do it my way. He didn’t. It cost me 2K and that was the last transaction he ever did for me.

    I appreciate your experience and like hearing the details and insights of what you have learned.


  11. Junior Says:

    You are one step ahead of most, and I appreciate the fact that you are brave enough to take a stand. The TRUE nature of the tax system in this country is voluntary, most people dont realize this. Most volunteer at the beginning of the year, and dont even realize they are volunteering, to obey federal tax law and participate when they sign the withholding allowance certificate (w-4 i think its called). Once signed by you, the WAC compels performance. My advice is dont sign anything, ever. If you sign something, you are giving up a right. The WAC is required by law but it doesnt have to be in the form they provide you and you dont have to sign under federal penalties of perjury. I once created my own WAC in “para materia” with 26CFR (forget rest of cite) and claimed “exempt”. Well, that employer looked at me like I was alien and then ran it by their company attorney. The company attorney told them “some people do this”, and the company then withheld 0 fica and 0 income tax from my check. Good luck, if you’d like, you get my email address from rebel and contact me.

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