Defending US v. Bifield

September 4, 2012

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The federal racketeering case against the Hells Angels’ Rock Hell City Nomad charter in South Carolina is probably going to trial February 11, 2013. The judge who will preside over the case, Cameron McGowan Currie, issued a scheduling order last month telling prosecutors to turn over most of their evidence to the defendants by September 17. A source in Charleston with knowledge of the case said, “she really wants…to try this case in February.”

The 91-count indictment that is the basis for the criminal charges was delivered to Judge Currie on May 17 and unsealed June 7. The accused are Daniel Eugene “Diamond Dan” Bifield; Mark William “Lightening” Baker; David Channing “Gravel Dave” Oiler; Bruce James “Bruce-Bruce” Long; Richard “Little Mark” Thrower; David “Yard Owl” Pryor; James Frederick “Big Fred” Keach, Jr.; Frank “Big Frank” Enriquez, Jr.; Donald “Brooklyn Donnie” Boersma; Lisa Ellen Bifield; Johanna Looper; Kerry Chitwood; Carlos Hernandez; Ronald Dean “Big Ron” Byrum, Jr.; Trent Allen Brown; Bruce Ranson “Diesel” Wilson; Thomas McManus “Uncle Tom” Plyler; Jamie Hobbs Long; and Somying “Ying”Anderson. The case is named after Dan Bifield.

The indictment alleges 43 firearms offenses, 30 separate acts of narcotics possession or distribution, 18 acts of money laundering related to drug and firearms sales and additional allegations of conspiracy to extort as well as accusations of prostitution, arson and trafficking in stolen property. The indictment obliquely accuses this Hells Angels charter of attempting to bully its way to a larger, local market share of contraband sales.

Prosecutors characterize most of the three-year-long investigation that preceded the indictment as a “sting,” which is what the brown suits like to call a con game. The word “sting” is intended to suggest that government con men are really Paul Newman and Robert Redford in disguise. And, the government is sometimes obliged to prove that even though the victims of stings were tricked into breaking the law by the law the victims were really “predisposed” to break the law anyway: But, not always.

The accusations in most RICO cases against motorcycle clubs are measured out in briefcase loads with an initial indictment followed by one or three or more superseding indictments. The additional indictments always add either charges or defendants and are intended to harass and delay defenders. In this case, Currie has already stated in open court that she will consider severing the present case from any superseding indictments in order to keep the trial on schedule. In Bifield, delays may work to the advantage of defense attorneys if not incarcerated defendants. The long investigation relied heavily on what now appears to have been three paid confidential informants. And, one of those Quislings is now seriously ill.

Complex Case

Judge Currie has officially described the case as “complex.” Complex litigations can spiral out of control as was the case in the Mongols complex case, U.S. v. Cavazos et al. That case killed its first judge, the fondly remembered Florence-Marie Cooper, just as she was starting to catch on. The government’s evidence in Cavazos included about 10,100 pages of documents, 356 Compact Discs and 110 Digital Video Discs.

The evidence, including possible evidence and rumors of evidence, in Bifield is not nearly that daunting but it is still substantial. There were six, 60-day wiretaps during the South Carolina investigation. As of August 23 the government had given defendants about 5,000 pages of documents and two terabytes of audio and video surveillance. There are at least 3,000 audio files that amount to more than 256 hours of surveillance. The video discovered to date includes six million frames. Most of the video is from four cameras at the “sting location.” The cameras ran continuously so most of that video actually incriminates ticking clocks and dirty glasses. It is now up to the defendants to find the incriminating parts that prosecutors will actually use. There will undoubtedly be more surveillance and documents discovered in the next two weeks.

In her scheduling order, Currie wrote: “In order to provide access to the discovery materials for Defendants, there will be two complete sets of discovery materials provided to the United States Marshal in Columbia. These materials will be maintained at the local detention centers and made available to the Defendants in custody for viewing there, upon reasonable request, and in accordance with the policies and procedures of the local detention center. No discovery documents may be kept in custody of the Defendants following viewing but Defendants will be permitted to take notes.”

Last week Daniel Bifield’s attorney, Allen B. Burnside, filed a motion to compel “the government to identify the exhibits they intend to introduce during their case in chief in the above-captioned case by no later than October 1, 2012.” It is a creative notion that is obviously in the spirit of justice. The game playing prosecutors have already said that they are “unaware of any rule or statute through which the court could order the government to identify which parts of the discovery it intended to offer at trial.” In his motion Burnside cited a case management order in U.S. v. WR Grace, a giant and complex asbestos case with hundreds of thousands of parties.

Currie may rule as early as this week on whether prosecutors have to actually show defendants the needles or if they only have to grandly wave their document cases in the general direction of the haystacks.


Defenders have also approached former Western Carolina University professor William L. Dulaney about testifying in this case. Dulaney is a former member of the American Outlaws Association who has become a common source for journalists seeking insight into the motorcycle club world. He has appeared on The National Geographic Channel, The History Channel and The Biography Channel. He contributed an essay to The Mammoth Book of Bikers and wrote a well known “history of outlaw motorcycle clubs” for The International Journal of Motorcycle Studies. He is currently in Senegal.

Dulaney is a swashbuckling academic who clearly gets motorcycle clubs and he may provide an antidote to the usual “biker gang experts” like Anthony Tait, Jorge Gil-Blanco and, of course, ATF agent John Ciccone. Dulaney recently participated in a case in Las Vegas. He has not yet agreed to participate in this case and he has not yet been voir dired (or qualified) by anyone connected to the Rock Hell City case. But the fact that he has been contacted clearly demonstrates that the defense attorneys in South Carolina get what it will take to win.


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28 Responses to “Defending US v. Bifield”

  1. anon Says:

    I didn’t realize Dulaney is a former AOA member. I read his dissertation after Rebel mentioned it and got the impression that he was a member of VNV/LV MC.

    I’m interested to hear if the judge really does force the prosecution to identify the relevant evidence in the mountains of discovery.

  2. Base Says:

    You would think any Judge(sensible judge) would not allow the prosecution to dump a load of useless or blank material on the defence and point to specific evidence hell if nothing else, out of decency or to lessen the cost for all.

    But I know why they do it.

    Then the whole “paid CI” thing should be enough to corrupt any case being that many CI’s are known criminals and commit crimes & induce those they are informing on to commit crimes they otherwise would not do.Entrapment!!!!

    Again I get it….. just saying

  3. things that make you go hmm Says:

    A REBEL i drove by last week the ventura hells angels clubhouse to show my artist buddy there death head logo and the building the re,heavy duty security door is gone,ans the building has been primed white, it looks abonden did the feds take the fix way clubhouse there long standing phone number is not even working.seems on maybe you or someone has info is the ventura chapter closed down.and know i dont want to go ask a member himself,respectfully asking here.thanks

  4. Sohn Says:

    The problem with not getting every tape and wire tap is that there very well may be exculpatory evidence. I wouldn’t trust the government to say “hey, we are only going to use this and that”. They could say that in all honesty; because, the other thing they aren’t using would harm their case. As recent examples, look at “face” from the Las Vegas Mongols where there is clear recordings of him trying to stop the CI’s and ATF’s illegal activities. Or, in “Black Biscuit” and the “laughlin” case where the government intentionally hid tapes. Unfortunately, it can only be discerned if you have complete disclosure of the tapes. A mammoth problem but it can be well worth it. Though, I sincerely feel bad for the Mongols that took the deal on the fake drug deal. I understand the problems with fighting a large case but in that instance I think they would have prevailed.
    And as far as paid CI’s and rats. The Tenth circuit came out with a partial panel ruling that said something like, “no coin is more alluring then the coin of freedom” it was quickly silenced though. So, as of now, prosecutors can and still do bribe witnesses to lie.

  5. Rebel Says:

    Dear things that make you go hmm,

    You know you are banned because you wouldn’t let up on that thing. You know that thing? This seems like an innocent question. Is it a trick?

    I don’t know if the Ventura charter clubhouse is closed.


  6. Rebel Says:

    Dear Sohn,

    The defendants in this case are supposed to get it all. We’ll see. What Dan Bifield’s attorney asked for last week was a binding list of what parts of the discovered evidence the prosecutors were actuially going to use at trial. It struck me as a pretty creative approach in these racketeering cases. At least I haven’t seen it before. And, it is in the interests of justice.


  7. Paul Citizen Says:

    “rumors of evidence” Great phrase!

  8. Glenn S. Says:

    I hope that the defendants’ lawyers are prepared to go back to court with a motion to ammend the last phrase of that part of the order that states:

    “These materials will be maintained at the local detention centers and made available to the Defendants in custody for viewing there, upon reasonable request, and in accordance with the policies and procedures of the local detention center”

    Sounds like the accused will need at least 8 hours a day, 7 days a week to review everything. My guess is they’ll get about 5 hours a week, and 2 of them will be cancelled due to staff shortages, unforseen emergencies, etc.

  9. Jim666 Says:

    things that make you go hmm Says:
    September 4th, 2012 at 4:48 pm
    A REBEL i drove by last week the ventura hells angels clubhouse to show my artist buddy there death head logo and the building the re,heavy duty security door is gone,ans the building has been primed white, it looks abonden did the feds take the fix way clubhouse there long standing phone number is not even working.seems on maybe you or someone has info is the ventura chapter closed down.and know i dont want to go ask a member himself,respectfully asking here.thanks

    Why would you ask that question here ? if you have the old phone number that says to me you must know somebody in that charter, or maby you got that number some
    other way, at any rate why do you not wish to ask a member of that charter ?
    maby thats need to know info, and quite possably you dont need to know


  10. Bruce Says:

    The more I read about this case the crazier it seems to get. I hope the government loses and those involved in this “sting” are forced to retire in disgrace for bringing such a goofy and convoluted case.
    PS: The use of the word “Quislings” in the article was awesome.

  11. Junior Says:

    Creativity from a public defender? …very surprising. Just hope the PD continues his creativity streak & defends Dan competently. RICO victories are rare, especially at trial. A RICO victory for this PD certainly couldnt hurt his career.

    Rebel & Jim666: I’m in agreement with you guys regarding things that make you go hmmm,,,sumthing’s a little odd about that post of his.


    The HAMC in Ventura are alive and well and so is the clubhouse at 65 fix way. nothing has changed. the clubhouse is still looking the same inside and out. we didnt go anywhere we are all still here. Never believe anything you hear and only half of what you see.


    Most people who have buddy’s or pals as we call each other in the HAMC have their pals cell phone number or home address even if our pal is not a club member but just a non club member pal. get it pal? as for HAMC clubhouses across the whole USA they are all alive and well also and nothing has changed at them either.


    Most real pals of the HAMC also have our emails. we are very close tight nit bunch of pals HAMC members and non members. so see if you say you are a pal of ours its a good bet that you have our email,cell phone number. nobody calls the clubhouse phone number except phone sales types. yes even the HAMC get junk phone calls and sales people calling our clubhouses trying to sell us a rats asshole for a wedding ring. thats the reason for caller ID it helps us from dealing with phone sales and unknown dickheads. some clubhouses dont have land line phones at all in this day and age of cell phones. besides very few people have the number for the clubhouse anyway except club members. nobody calls the clubhouse much anymore now days everybody calls a brother on his cell phone or text messages him or emails him. things that make you go humm is full of fucking shit!

  15. Crazy Train Says:

    Regarding what Dan’s lawyer did..sounds good, but I’ve been digging the law books myself. It is absolutely possible for Dan and the rest to be aquitted, but be convicted on “real offenses” based on evidence never presented to the jury or included in the indictment i.e. United States vs Watts. AND THEY KNOW IT! So, you tell me how someone is supposed to get a fair trial? You can’t!
    If he and the other lawyers were smart they would be combining resources, putting their heads together, devising strategies (like the prosecution) and looking at this thing like you’re going war! What war was ever won with 19 Generals all with their “own plan?” NONE
    Personally, if I were a lawyer and representing one of these fine gentlemen, I’d NEVER JUST LET IT go to trial…that would be a worst case scenario. I’d be filing every pre-trial motion I could think of to have evidence excluded, or non specfic dates on the indictment taken off(which you can), and ANY other thing that might lead to the case being dropped. YOU MISS 100% OF THE SHOTS YOU NEVER TAKE!!

  16. SC Interested Party Says:

    @Crazy Train – you are 100% right. What a fucking crazy system that allows sentencing based on acquitted conduct. But you would be surprised at what a good lawyer can pull off. I heard one of these lawyers had a guy last year who lost a trial for shooting a cop during a raid and the government, after trial, was looking for an attempted murder sentence. 40 years. Guy got 20 because the lawyer found an obscure opinion that this same judge had to go with. I think these guys (and girls) know what they are doing…

  17. Chip Says:

    Meanwhile back at the ranch some basics are still needed. The TV on Dan’s POD doesn’t work and several disturbances lately have meant a lot of lock down time thus books, magazine subscriptions (no full or partial nudity), newspaper subscriptions are very welcome. They have to be sent directly from the retailer/publisher (Amazon, Barnes & Noble) and have to be soft cover. This can be done either on line or at the store. Have them sent to the same address you are already sending cards and letters to namely: Daniel Bifield #607834, c/o Alvin S. Glenn Detention Center, 201 John Mark Dial Drive, Columbia, SC 29209. Likewise, funds for his canteen account should be sent to the same address only clearly mark the envelope “INMATE ACCOUNT DEPOSIT” and do not include a letter to Dan (US Postal Money Orders with his name and number 607834) you do not need his social security number nor date of birth as the website suggests. February is now the target date for the actual trial to begin but that seems more like a ball park figure than an actual set in stone date. As he enjoys reading this website and all the comments I at first tried to send him complete articles with comments in one large envelope, that got sent back. So, I reprinted the articles & comments and sent them five pages at a time in letter sized envelopes which incredibly he got with no problem. The moral of the story is to call the center and see what they will and won’t accept (something I didn’t do at first). There are other “inside baseball” things you might like to know but sending a letter and asking him directly seems more prudent than putting them on this or any other website. For the most part everything worth knowing is already being writen by Rebel and thank God for that. February is a long way off so anything you might send is greatly appreciated. All hope is far from being considered lost but a bit of encouragement, love and support is always a good way to show we care. Thanks.

  18. Philo Says:

    Sorry Rebel, I didn’t know where else to post this. Though you coyld have a lot of fun with a “enter a caption” contest. Fucking Biden, what an ass. Lol Look how pissed those dudes are!

  19. BigV Says:

    Funny, goddamn Biden and Obama will kiss the ass of a Cop Club but tell Rolling Thunder and the honor guard that showed up to the miner’s funeral to fuck off.

    Sucks ass.

    In other news, we are nation of snitches:

  20. Philo Says:


    Right? What the hell happened? !

  21. Vince D Says:

    Hey out there, Big Ron and Lightning say Hi from the big house. They asked me to tell you. This next part is from me and pertains to all of our family members caught up and locked up on account of this mess. I hope everybody’s doing what they can to help. You can get addresses on and please don’t forget about Spook. His address is above the white tablets when you enter the site and hit BHC. Is 5 or 10 dollars a month really going to kill you? It means an awful lot to our brothers and sisters who are locked up right now. Dan can only get postal money orders at Alvin S. Glenn which you can send to his posted address but you have to put his name and id number in the pay to line. Spook (William) can only get postal money orders and they have to go to Cooper trust and the pay to needs to say Cooper trust for William H Sosebee with his inmate number. You need to get deposit slips from cooper trust and you can find out how to do it on the website for allendale correctional institution. They are very fussy there so you have to do everything exactly as instructed. Everyone at Lexington County Detention Center can have Money orders sent directly to them but you have to make them out to their name and id number. There are also ways to put money in everyone’s accounts on line and by telephone. If you are too paranoid to do it get ahold of me and I’ll have my sister do it for you. I really don’t think anybody’s going to bother you for sending someone a couple bucks when they’re down on their luck and if they do why would you give a shit if you really believe in what you are doing? If you really can’t send any money please write a letter to let everyone know they are not forgotten. A little love and kindness that cost you a piece of paper, a stamp and an envelope goes a long way. Think about if you are ever in the same position and believe me this can happen to any of us you would want the same and anyway it’s just the right thing to do. I can carry on for hours about how full of shit and two faced I think this country’s become but I’m about to eat my dinner and I don’t want to puke. Please don’t forget the ladies. They need our support! All my love and respect to the Big House Crew!

  22. RLG Says:

    @ Chip

    I think the page limit is 7 for letters. That was the limit for California jails (now being changed to only postcards).

  23. VeteranRon Says:

    I will not go gently into the night. I will fight for what I have earned and what is my right. I will not lie down and be dealt over, I am a man of honor and I will present my case to my fellow man. My life and my honor may not be something you understand but it never infringed on anyone else’s rights who didn’t choose to be in my lifestyle. Government be damned you think you can railroad me and trample over my rights, you can lock me away but you cannot jail me. I do not trust you and I do not believe your government lies. I know you will do anything no matter how treacherous to win your case. You are the destroyers of life and you believe that you are honorable, you are not honorable. So I say to thee, I will fight you at every turn and I will fight you at every awakening, I no longer fear you! While I know you are as powerful as a dragon and as evil as a witch I as a good man cannot make deals with you and concede to your treachery against my brothers and myself. Your judge is in bed with your agents and your DA is in bed with your judge and our public defenders are in bed with all of you. What a wretched stench of injustice this is. If we were not bikers it would not be tolerated but since we are poor citizens who cannot afford your bribes we must suffer your cruelty. How is it that you detained us for 7 days before a bond hearing? How is it that YOU waived our right to a speedy trial? How is it that we remain incarcerated without the possibility of bond while we are supposedly innocent until proven guilty? YOU my smelly government are the enemy and you are the ultimate evil doers. We see your smirks and your smiles oh the pride you have in your little investigation and your surveillance. Paint us to be the ultimate evil doers. Who is the criminal here? Are you not just as guilty as anyone of us for throwing our rights into the wind? Are you not a criminal of the American people for ignoring the constitution of the United States? So wear your suit and smirk in the courtroom I am not scared of you, you are a traitor to your country and its laws to benefit yourself.

  24. CrazyTrain Says:

    @SCinterestedParty No offense…truly…but 20 isn’t considered a win to me. I don’t care if the guy took out the entire SWAT, the fact that he was a cop is technically irrelevant. Why? Because the law says it’s illegal to point a gun, even if you’re just kidding, and does not exclude law enforcement. Therefore, under Castle Law you do not have to flee and have the right to defend yourself and your castle. Just because they bust in yelling “POLICE!” , doesn’t mean they actually are.

  25. Karma Says:

    Dan has told me the computers at the jail are always “down” and his library time is less than 2 hours a day. Maybe we need to find some way to convince Richland County to take care of this.

  26. CrazyTrain Says:

    @VeteranRon Although I can’t speak from experience as a person who has been there and done that, my conscience won’t let me turn a blind eye. While you have the right to represent yourself in court, it is not a good idea unless you are very versed in the law. As much as I’ve been studying the law, I would not represent myself. You have the right to chabge public defenders if you truly feel they are corrupted. However, be aware the books say to let the judge know this does not mean you intend to represent yourself or pay for legal counsel, although you can do that. Also, be aware you can only get away with that once and you can not pick who your substitute will be. I always go where the highest odds of me winning are. The house has the odds, bet on the house. They do…so bet on some sort of legal counsel. My two cents.its your life.

  27. NYC#3 Says:

    Happy Birthday Danny.

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