Mongol Nation Case Ad Nauseam

May 16, 2019

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Mongol Nation Case Ad Nauseam

The Mongol Nation racketeering case resumes again tomorrow at 7:30 a.m. tomorrow in Santa Ana, California which is about 35 miles south of Los Angeles.

In December, a federal jury found that there is a person named “Mongol Nation” loose in the land. Mongol Nation is approximately connected to the Mongols Motorcycle Club and in the last 15 years, the Jury and the prosecutors believe, he has committed multiple racketeering acts.

After arriving at their verdict in time for Christmas the jury was surprised to learn that its work was not done. It returned in January to deliberate on whether the Mongols Club could be stripped of its insignia and name for what Mongol Nation had done. The jury decided it could be and then then they awarded possession of the club insignia to the government.

Shell Game

In February, Judge David O. Carter decided that it would be unconstitutional to take the club’s insignia because: In the first place it would violate the Mongols members’ right to freely express themselves by wearing the clothes of their choice; and secondly, because the punishment would be excessive.

Tomorrow, Carter will pronounce sentence on Mongol Nation and will simultaneously rule on a motion by prosecutors to Award ownership of the Mongols Motorcycle Club’s patch and name to the Department of Justice but allow members of the club to continue wearing and using their membership marks.

But wait. There is more. There is also the matter of who will represent the Mongols, and Mongol Nation, in court tomorrow.

Yanny Or Stubbs

There was discernible tension throughout the long trial between Joseph Yanny who is the Mongols trial attorney and Stephen Stubbs who is the Mongol Motorcycle Club Counsel. Stubbs fired Yanny after Carter ruled the Mongols still own the marks. Stubbs is the club’s lawyer now. But he is has not been admitted to Carter’s court. Maybe Yanny will represent all the Mongols tomorrow or maybe Stubbs will. Maybe a man will come up to me tomorrow and shake my hand and say, “Hi, My name is Mongol Nation.” About 16 hours before court is scheduled to convene it is still a cliffhanger.

Yanny will file a “Response to Probation Presentencing Report and Government’s Amended Request for Forfeiture of Collective Membership Marks” tomorrow. A long excerpt from his filing may give readers some insight into what is happening with this case.

“The undersigned was informed that Mongols general counsel Steven Stubbs would be submitting Mongol Nation’s Response,” Yanny begins. “Mr. Stubbs is not admitted to practice in the State of California or in the Central District. On my request he was admitted Pro Hac Vice during the course of the trial. To date, the Response has not happened, and so I am compelled to at least submit this.

“It was not until November 29, 2018, that Mr. Stubbs showed up to the trial and the Court admitted him at my request. Mr. Stubbs examined no witnesses, wrote, nor reviewed prior submission of any of the motion papers, nor argued to the Court of any of the matters litigated. Mr. Stubbs as the ‘General Counsel’ did handle all matters with sentencing and probation, the undersigned was not involved.

Big Case Big Dollars

“To summarize the Mongol Nation claimed $960,000.00, in attorney fees since the US v. Cavazos case (hereinafter “Cavazos”), which was filed in 2008. The undersigned can not confirm that. To clarify for the record, the Yanny & Smith firm was paid $420,000.00, from 2013 to present for this case. Still owing under our hourly retaining agreement is another $511,326.98. The only payments received during trial was a $25,000.00 payment. Contrary to the representations of sentencing and probation the balance of over $511,000 remains unpaid. Those matters will be resolved pursuant to law and agreement in arbitration, as well they should be.

“There were roughly 79 defendants in the Cavazos case. It is my understanding that all of them had either public defenders or panel counsel at the governments expense. During the underlying Cavazos case two related matters were also litigated. One involved Roman Rivera case (Ramon Rivera v. Ronnie A. Carter et al., Case No. CV 09-2435-DOC-JC Document 113), in which Mr. Rivera was represented by the ACLU, David Loy Esq.. Because Mr. Rivera was successful in his civil rights case against various members of the US Government who were found to be violating his civil rights, the government was ordered to pay roughly $250,000.00, in fees and cost.

“In the separate collateral proceedings (ownership and forfeiture of the collective membership mark) in Cavazos, it is the understanding of the undersigned, the Mongols were represented by Attorney George Steele. This matter had to do with the attempted forfeiture of the collective membership mark and was civil in nature. It is the understanding of the undersigned that Attorney Steele was also compensated by the United States Government for his successful advocacy of the Mongols ownership of the collective service marks. Without citation to the records it is also the understanding of the undersigned that Attorney Steele was compensated by the government for his services in excess of $230,000.00, although the exact figure is not available.

“There was no trial in either the Rivera, or collateral trademark proceedings These matters were decided on motion practice. Culpability for not one homicide, attempted homicide, ADW, drug transaction, etc., etc., etc., was litigated in either matter. Nonetheless, the Court at prevailing rates ordered the government to pay in the neighborhood of $500,000.00, to successful counsel at market rates in those matters.

Mongol Nation

“In the instant case, the government put on evidence of in excess fifteen homicides or attempted homicides, dozens of alleged assaults with a deadly weapon, dozens of alleged drug transactions, etc., etc., every one of them was litigated to the max by both sides.

“Of the alleged homicides or attempted homicides the government proceeded to the jury with only six in the exercise of ‘prosecutorial discretion’ as stated by Mr. Welk on the record. If memory serves me correctly the government only proceeded to the jury with two drug transactions and one allegation of conspiracy to distributed controlled substances. The jury found not proven or deadlocked (10-2 in favor of acquittal) on all homicides or attempted homicide claims except for two- one homicide and one attempted homicide. The homicide and attempted homicide for which guilt was found both accrued in the time frame of 2006 and 2008, when Doc Cavazos was still in charge of the club.

“The jury also found guilt based on conspiracy to violate racketeering. The only evidence even arguably supporting conspiracy was an audio tape of then president, Doc Cavazos, speaking to a gathering of members in which he in effect told them, ‘if you’re going to engage in things you’re going to worry about, don’t do it on the phone.’ That tape was made in 2008. All of the other matters about which the government put on evidence had nothing to do with conspiracy. The alleged homicide, attempted homicides, drug transactions, etc., were either stand alone predicate acts, which the government decided not to pursue, but far from anything that resembles conspiratorial planning, discussions, or agreement. For the record one such matter is the David Martinez case, in which Officer Diamond died, unfortunate and accidentally, during an over zealous raid on his residence which is currently in trial in department 105 of the LA Superior Court in the case styled California v. Martinez. In speaking with our jury in this case, half of them were convinced that officer Diamond was killed by a friendly fire accident or at a minimum Officer Diamonds death was the result of excusable homicide because of the nature of the raid conducted.

Mud

“The government cannot throw out a lot of mud regarding predicate acts, not proceed to them to the jury and then alleged that they are conspiratorial acts. These alleged predicate acts are either stand alone basis for finding substance RICO violations where there is nothing at all.

“The bottom line is of all the substantive acts or evidence of conspiracy with which the government proceeded to the jury occurred between 2006 and 2008, under the reign of Doc Cavazos. There are no specific findings of the jury of substantive violations to the RICO act or conspiracy beyond the 2006 and 2008 time period.

“We again remind the Court that after the tens of millions of dollars spent by the government harassing this club this is all there is. The evidence establishes that Doc Cavazos was removed and kicked out of the club in 2008, and the government proceeded to the jury with nothing determining specific violations by the substantive rico or conspiracy beyond his tenure. While we believe that the homicide and attempted homicide and drug predicate acts were improperly decided by a jury which admittedly did not review the jury instructions during deliberations and who had second thoughts post guilt convictions is something we unfortunately have to live and deal with. However, there are no specific findings of culpability by the defendant in this case beyond 2008. The governments misguided pursuit of alleged and unproven substantive acts as evidence of ‘conspiracy’ cannot be utilized to punish this defendant beyond what is fair.

“The governments most recent attempts to destroy the collective membership marks must be rejected as well. It is axiomatic that to deny this defendant the ability to enforce it’s collective membership mark is to destroy the mark itself. I will not bore the court by the regurgitation of all the authority which the court, the defendant, and the amicus have already recited ad nauseum. Accordingly, the governments second request for forfeiture or destruction of the collective membership mark should be rejected out of hand.”

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6 Responses to “Mongol Nation Case Ad Nauseam”

  1. Kranky Klaus Says:

    Every time I see an article about the Mongols’ legal woes, I get the theme song from “The Neverending Story” stuck in my head.

  2. SlickBack Civilian Says:

    We are living our days out in the wane of life as we know it. It’s probably inevitable shit like this is the new normal until history soils it’s shorts and something else arises.
    As a lifelong civilian I can say the world will be a poorer place when there is no more long line of patches scooting up the road parting cages like the they were crossing the Red Sea. There needs to be SOMEPLACE that has a little outlaw left in it
    I just finished rereading Dick Marcinko and Red Cell. Everything they accuse the Nation of, Seal Team Six does with glee and impunity. It just goes to show you the only thing that matters is what colors you’re flying.

    From this dying, crippled old fool, respect to those who deserve it, and you know who you are….

  3. Retired Says:

    Blast from the Past you hit it right on the head, but try more than 1000 members in the USA paying $50 a month. Thats $50K per month from donations. Not to mention all of the donations from other clubs and fundraisers that are held throughout the year to “Save the Patch”. And there is still all of the overseas chapters to think of as well. Certainly not accusing anyone of anything but the writing is on the wall, someone should check the books.

  4. Shutup Says:

    Thanks for keeping us up to date Rebel. Good luck to Mongol Nation. Hit the donate button. Click the links.

  5. 78Airhead Says:

    I would say “Don’t these idiots have something better to do?”, but I know that they are actually hired to do these things. The general public puts up with it because they never hear of it. Thanks for the light you shine.

  6. Blast from the past Says:

    Mongols do the math. 50 bucks a month is 25K with a min of 500 members. And many of you been paying defense fund since Black rain. The numbers are there, and the Lawyer has Receipts. The numbers missing is insane!

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