Mongols Patch Lawsuit

July 1, 2013

All Posts, News

The Mongols Motorcycle Club is suing United States Attorney General Eric H. Holder. The government agency Holder administers is ironically called the Department of Justice. And through its support, or puppet, agency called the office of the United States Attorney for the Central District of California, the “Justice Department” has been trying to seize the Mongols name and the club’s logo since October 2008.

The idea has always been to outlaw membership in the Mongols, and eventually all motorcycle clubs, by criminalizing the use of the club’s principal identifiers. Five years ago, to celebrate the arrests of former club president Ruben “Doc” Cavazos and 78 other people, the Justice Department grandly announced.

“The racketeering indictment seeks the forfeiture of the trademarked ‘Mongols’ name, which is part of the ‘patch’ members wear on their motorcycle jackets.

“’In addition to pursuing the criminal charges set forth in the indictment, for the first time ever, we are seeking to forfeit the intellectual property of a gang,’ said United States Attorney Thomas P. O’Brien. ‘The name “Mongols,” which is part of the gang’s “patch” that members wear on their motorcycle jackets, was trademarked by the gang. The indictment alleges that this trademark is subject to forfeiture. We have filed papers seeking a court order that will prevent gang members from using or displaying the name “Mongols.” If the court grants our request for this order, then if any law enforcement officer sees a Mongol wearing his patch, he will be authorized to stop that gang member and literally take the jacket right off his back.’”

John Ciccone, the ATF agent who spent eight months in 2008 and 2009 enthusiastically trying to prove that government press releases carry the power of law, put it more succinctly in a national television appearance two weeks ago. “You know, if you take the patch off them, they’re nobody,” Ciccone said.

Unfortunately some things still aren’t legal even if when they are announced at a big press conference and on television.

The Very Stupid Indictment

Three federal district judges, Florence Marie Cooper, Otis Wright and David Carter have all ruled that the government cannot seize the marks that advertise membership in the Mongols but “Justice,” which literally has all the time and money in the world, was not deterred.

Last February, an Assistant United States Attorney named Elizabeth Yang date-raped a grand jury into indicting “Mongol Nation, an unincorporated association” for racketeering and sought to seize the Mongols insignia yet again. The 44-page indictment was so embarrassingly half-assed that no federal judge would allow it to be filed. Almost five months later this forty-four page thing which cost at least $1 million to create still hasn’t been filed. But there is no guarantee that the big justice machine won’t just keep creating similar nuisance indictments against the Mongols and any other motorcycle club until eventually some prosecutor gets lucky with some judge.

The Mongols law suit, filed by a limited liability corporation named Mongols Nation Motorcycle Club, is intended to put an end to the government’s obsession with stealing the Mongols patch.

The Suit

The Mongols suit asserts:

“Mongols Nation Motorcycle Club has an actual, well founded, and reasonable fear that based on the government’s current and prior actions the government will attempt to take ownership of the marks and thereby unconstitutionally infringe on the Club’s First Amendment rights. If the government seizes ownership of the marks then MNMC will have suffered irreparable harm by chilling, deterring and infringing his First Amendment rights. MNMC has no adequate remedy at law. An actual controversy has arisen and now exists between MNMC and Defendants (which is to say the Department of Justice) regarding Defendants’ ability to seize rights to the marks through RICO forfeiture.

“Wherefore, Plaintiff (the Mongols) respectfully requests the Court enter judgment against Defendants as follows: A. By declaring that the government has no interest in the marks; B. By declaring that the marks are not subject to RICO forfeiture; C. By declaring MNMC and the Club are the rightful owners of the marks; D. By granting costs and attorney’s fees pursuant…(to) applicable law.”

The Mongols are represented by a Burbank attorney named Bob Bernstein.


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22 Responses to “Mongols Patch Lawsuit”

  1. IronCowboy Says:

    ***RAT ALERT**
    Mongols need to get all the RATS out of the club! X Set Free Soldiers have infiltrated the Mongols and are informants to their old club and the Five-O. Spreading information freely what is the Mongols club business in exchange for amnesty, motorcycles, bike parts and money. Look who these idiots hang with and you’ll know the truth too. These spies even got a video of the Juke Joint incident from the Set Free Soldiers and gave it to the Mongols to try to show their loyalty. People hear them at different shops & stops. They are a disgrace to the Mongols Nation. Its a fucking embarrasment to the whole biker community what these guys have done in the last few years. Mongols you have traitors amongst you who are not your brothers but fucking lying RATS that get your true brothers peeled. Set Free Soldiers should not be allowed to wear the Black & White Nations colors either Where’s the Code of Silence for these fucking RATS?

  2. WARTHOG Says:


    Check out this link.




  3. sled tramp Says:

    Muck 1%er and AVAGOVFFV-
    Been working night shifts 70 hours a week.When I’m not at work, I’m at the clubhouse.My wife and kids understand and support my life but I never get on this thing anymore.Thanks for the recognition.
    As regards other comments….I hate cops,understand the reality of juries and the idiot mindset of the average citizen (well,he was arrested so he must be guilty).I don’t have the time to waste with those fucking assholes.I agree about the crimes against kids but one never knows what one will get.Anyone that thinks there’s actually a Justice system has never been through it.I told the judge when they called me in to run my file,see how many times I’d been stopped and geeee…..never a ticket.Nawww….they don’t profile us.BTW, read Black Thursday by Double D about the ongoing fight up here against profiling.Good stuff.C ya on the runs.
    Suspect yer local….

  4. uncle don Says:

    Their are people I could not find not guilty no matter what. Crimes against children for one. Some crimes against women for another. There are more I could not excuse. That’s why I would never serve on a jury.

    uncle don


  5. gabster.1% Says:

    I hate to admit it but the FEDS are the biggest and baddest club since the civil war. They make the rules that they break dayly and use them any dirty under handed way they can and do. oh yah and suck a fat one Jbyrd dobbyns. you lieing cheating shit.Good luck to MTM upstate NY,something will break. love and respect Gabster. 1%er but I don’t know nothing.

  6. Junior Says:

    Sled tramp
    Would your point be better made by just showing up for jury duty, getting seated as a juror, then voting not guilty no matter what the “evidence” shows? That’s my plan, but of course I never get selected for jury dootie. -Junior

  7. Frequent Flyer Says:

    I can’t believe this shit IS STILL going on. Our government sucks balls. These asshole career pigs bureaucrats have nothing else to do but waste all our money pursuing this egregious injustice against American citizens.

    I’m half way through Out Bad and I thought I knew how fucked up the federal government was, but it’s even worse than that.

    I learned alot of knew things like how RICO went from going after mafia “racketeers” to going after protest groups like anti-abortion groups and how the profit motive was removed from reasons to charge a group with it.

    Also came to the conclusion that John Ciccone is a scumbag who needs to fall down a flight of stairs repeatedly. The ATF uses CI’s like “mesa mike” who all but decapitated a woman after violently murdering her. Yet this guy was allowed to continue his violent crime spree with immunity from prosecution, all because he was a drug addict and John Ciccones bitch.

    There are so many “you know what the worse part of all this is” but one of them is definitely how the media is just spoon fed the alphabit soup gangs BS fairytales and lies and then regurgitates it all over the tv and the press, when the truth is far more compelling.

    That’s the ultimate tragedy in this whole mindless narrative that has been created about 1%ers all in the name of greed on behalf of the reporters and cops who make careers out of their “objects” of pathology.

    Out Bad would make a great movie. The truth would make a great movie. But see, then only the networks and the movie production companies would make money, and 1%ers would have a much different public image, and the cops would be on the outside looking in, like a bunch of skid row rum dums licking the window holding their tin cups.

  8. sherides Says:

    I had to show up for jury duty on 6.13. There were 52 of us in this pool.

    It was a Domestic Assault Case – total of 3 charges against the Defendant. During the Voi Dire (juror selection process), potential jurors were getting booted left and right. It got down to where there were 6 of us left in the pool when my number was selected. During the portion where the judge and attorney’s get to ask questions of the potential jurors, it was brought to light that last fall I was on a jury that found the defendant Not Guilty.

    The prosecutor chose to dimsiss me from jury duty. Seems if you’ve previously been on a jury that has found the defendant Not Guilty, they’re less apt to put you on a future jury. Next time I get called, and I know I will because I get the paperwork every 6 months, I am going to ask the Judge about this. They always ask if there was anything about your previous service that has left an impression with you regarding how the system of justice works. Yep, I got the impression that they only want jurors who can easily be swayed towards the Prosecutorial side of things…Too many people lose sight of the fact that we are all presumed innocent and that the burden of proof is on the prosecution.

    I earned $15. for 4 hours of my time that day. Serving the entire day nets you $42. Its probably considered taxable income…..

    I would really like to see the Mongols prevail on this case.

  9. WARTHOG Says:

    Drifter and I have been having this conversation in the saloon. Check out the link I posted there.




  10. Pig Says:

    Gotta agree with what Phuquehed said above. From what I’ve learned the whole point of our jury system was that if the government passed some bullshit law…cough, RICO, cough, cough… they would still have to get The Peoples’ permission to enforce it. Just one “not guilty” vote out of twelve and it doesn’t matter the evidence, the accused walks. Too bad the average citizen is too ignorant to know their rights and too chicken shit to exercise them if they knew them.

  11. Mike 184 Says:

    Good to see some referring to the US Attourney’s people as a “Puppets”… I am tired of hearing that shit!!!!

    And I say go get ’em. To hell with that ‘tard that says when you take off their patch they are nothing. Chiccoine obviosly hasn’t done any real reasearch into 1% clubs at all. From day 1 – The Man makes the Patch, the Patch doesn’t make the Man.

    If there is any question about motivation here, which they will likely drum some crap to make that club look bad, is that thay aren’t even going after any money. Yes the sharkey Lawyer has to get something, but all that they want is to have it on the books as the Government admitting that they cant go after the club’s property.

    I am impressed and I hope that the sheep are starting to tune in….

  12. Shyster Says:

    The best way to get even with the criminal “justice” machine is to vote not guilty no matter what the evidence is. If I was not required to state my employment, thus subjecting myself to be the victim of a prosecutors peremptory challenge, I would exercise that right.


  13. Muck 1%er Says:

    Sled Tramp,
    Good to see ya drop in my friend. Glad you’re still among us, upright and breathin.


  14. Phuquehed Says:

    IMO, ones like us should get on jury duty as often as it happens to hit us. We’re the honest fuckers in this country and it’s people like us who need to be there to even the odds against the rats and shit-stain lying pigs in court. Sure, it’d be nice to tell ’em what sled tramp said, but now the poor bastard who’s going to court has one less chance of having a decent, non-pussified sheeple on the jury to actually not kowtow to a DA’s bullshit.

    I’ve only been called once and had to go two days before we were even to be picked when suddenly they didn’t need any of us anymore. I was bummed but at least got actually a fair payment for both days

  15. AVAGOVFFV Says:

    Sled Tramp,
    That was some funny shit but I’m sure they will try to punish you with a few days of sit and wait in the jurors room. Fuckers! As always its good to see ya posting…..

    Take care Sled Tramp

    Viva Los Vagos

  16. sled tramp Says:

    I got selected for Jury duty.
    So….sent ’em this in reply.”It is my profound belief that any and all members of Law Enforcement and their designated agents will lie under oath and under threat of perjury,fabricate and/or plant evidence in order to secure a conviction.Consequently,I view any and all evidence presented before me as falsified and would dismiss it out of hand.I hold deep empathy’s for any defendant and will without exception vote not guilty or for dismissal.”
    Wonder what they’ll say….

  17. That guy sfs Says:

    Little Johnny boy say without the patch they are nothing. He don’t understand members make that patch…..not like a badge that makes some law enforcers…

  18. SLYM Says:

    Seems like Red Dog was a pretty stand up Guy and a good brother. I too wonder if that’s maybe why he left the club. But then again maybe not. Who knows. I just wonder when they’ll finally give up on trying to take there patches away.The Mongols seem as strong as ever and seem to be bigger than ever.


  19. Budweiser Says:

    In reference to the video, I always wondered how much it bothered “Red Dog” that he had his doubts about Queen and never acted on it. Did he sit in jail and dwell on it? Or was the type of guy who thought “fuck it, can’t do anything about it know.”

  20. bones Says:

    What in there lives,
    Whatever,i’m guessing we are going to to see these faggots(no offense to ciggarettes or homos)replay whatever they think are the best of dayze,because they seem to like,love,imitate,the life,when a d then they turn thier bagde back in,fuck if all they do is reminice(re-meh-nis)sumthinlikethat,cocksuckers,(cuk-sux-erx,
    Sometime the lightst all smilin on me

  21. Licsta Says:

    Wow! Car clubs, book clubs, bible clubs??? Wtf this is some scary shit that reminds me of history class back in the day..I’m wondering if they push this crap through who will be next?! Could be any club that has a few member (even leaders/ presidents) that do some piddly little shit like sell some dope or weed to the wrong asshole and ruin the live of all the other good club members.. Ban together people as FREE Americans before more little twurps like cicconehead build there own clubs that like to put good folks in prison for ridiculous amounts of time as part of there enjoyment.. Think it can’t happen keep letting them creep in on your freedoms and the only wind you’ll feel flowing thru your hair will be from a fan sitting on your couch like a good American buying shit from qvc. Ride free brothas!!! Good luck mongales and keep it up rebel lots of people are getting IT!!!!

  22. Tooj Says:

    The biggest problem I see with a guy like Ciccone is that he knows a well-played outnumbering of stand up guys is the easiest M.O. Of course, a guy like Ciccone has an even bigger fear of more than one stand up guy getting together to say “no more”.

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