Zombie Mongol Nation Case Resurrects

June 19, 2019

All Posts, News

Zombie Mongol Nation Case Resurrects

Last week the government appealed just about everything in the Mongol Nation case except the verdict.

The government liked the verdict. Last December and January a jury in Orange County, California decided that “Mongol Nation, an Unincorporated Association,” as opposed to the Mongols Motorcycle Club, was guilty of racketeering and should be ordered to forfeit ownership of the club’s name and the insignia club members wear on their backs. Mongol Nation appealed that verdict on May 29.

Both sides were theoretically compelled to file their appeals by May 29 because that is what Judge David O. Carter said in court when he pronounced judgment on May 17. But the prosecution actually had 60 days because the Assistant United States Attorneys who have pursued this case like an angry mob for more than a decade, Steven R. Welk and Christopher M. Brunwin, needed the approval of the United States Solicitor General, Noel Francisco, before they could file their appeal.

Government Appeal

Welk, whose name is on the appeal, is contesting the sentence Carter imposed on Mongol Nation – probation; an $800 Special Assessment; and a fine of $500,000. Presumably Welk thinks the fine is too small. At the sentencing hearing Brunwin asked Carter to impose a fine of $1 million.

Welk also wants the United States Court of Appeals for the Ninth Circuit to order Mongol Nation to forfeit ownership of the Mongols name and patch to the government. What the government intends to do with those “collective membership marks” is anybody’s guess. The marks do not belong to any single entity, no matter what you call it. The marks belong to all the members of the motorcycle club at any moment in time. The ownership of the marks constantly changes with the passage of time.

The government simply wants to steal the marks and deprive the members of their collective identity because some government lawyers have a compulsive need to prove that some other people are bad, probably based on something their mothers told them when they were three.  This case should properly be viewed as an acting out of a psychological problem rather than a legal problem

Carter rejected the government’s demand for the tangible symbols of the Mongols identity on Constitutional grounds.

Carter ruled that seizing ownership of the marks would violate both the First and Eighth Amendments to the Constitution. Case law on the First Amendment, which protects uncensored speech and unpopular points of view that are not an imminent threat is well established. In order to reverse Carter on his First Amendment ruling the Ninth Circuit would have to reverse itself. The Eighth Amendment prohibits excessive fines and excessive punishment. That argument against seizing the Mongols marks also seems settled. Just this March, in a case titled Tyson Timbs versus Indiana. the Supreme ruled against prosecutors in an analogous case.

Punishment By Prosecution

However, everyone close to this case, including Judge Carter, expects it to eventually reach the Supreme Court. And although the ultimate court will probably rule against the government, the Department of Justice intends to make the Mongols, which has asserted that it has already spent almost $1 million fighting this case, spend fortunes more.

The government has never intended to win this crazy and cynical case. The point of the case has always been to punish members and associates of the Mongols Motorcycle Club and the instrument of that punishment is never ending prosecution.

Mongol Nation is now represented by attorney George L. Steele.

The Mongols must file their first brief in the case by Wednesday, August 28. The government, who from now on will probably be represented by an attorney not named Welk or Brunwin, must file its first appeals brief by Friday, September 27. The third and fourth briefs must be filed before Monday, October 28 and November 18.

The appeals court will hear oral arguments at a hearing sometime next year.

Share

32 Responses to “Zombie Mongol Nation Case Resurrects”

  1. Bob Says:

    Bo is a bitch tell him to join a women’s club lol!

  2. gordo Says:

    The most dangerous man to any government is the man who is able to think things out… without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.

    H. L. Mencken

  3. Bo Says:

    I said all I had 2 say, I’ll b riding my Indian n my Street Glide like a MOFO

  4. Bo Says:

    I just find it ironic they r fighting 4 their patch n they’re tryin 2 take a patch, especially a women’s club, go figure

  5. Rebel Says:

    Hey Bo,

    I appreciate you commenting. Please tone your shit down.

    Rebel

  6. Bo Says:

    Ok so latest word on the “mighty mongols” of Colorado, seems they r threatened by a woman’s club,the”mighty mongols” r threatening 2 take their cuts,makes me glad I’m not part of that weakness anymore,like I said b4 bunch of lame fucks, if that’s what being a mongol in Colorado is about fuck e’m what a shame, total weaknesses in Colorado

  7. AVAGOVFFV Says:

    BigV, Great post. The whole Gangland bullshit was a ploy by the ATF to taint a few Jurists both episodes on my Club were released around the time of several trials. Since none of this is not private or not already part of public record, Sniper and Ashley are not the same person. One was a piece of shit two bit criminal meth head brought around by a sloppy P. and TO the other was running around NorCal with garbage with legs posing as Brothers.

    Lies all lies.

    My most memorable quote of the day, Grand Dad used to say that most complex and serious problems can easily be resolved with a ten cent round.

    VFFV LVDV
    Viva Los Vagos

  8. BigV Says:

    I believe with reasonable certainty that “Sniper” is/was Charles Falco. I can post a picture of him where he’s holding up a probationary cut, it wasn’t his. He was basically just a hangaround, shows his face pretty clear. Rebel did an article and interview with the dirtbag.

    I don’t know how far he made it with the 22 Crew- that’s their business. I know he’s a liar and a goddamn junkie motherfucker that entrapped a few people.

    Gangland and later the “National Geographic” and the other mocumentary shows that were around- mainly were done by The Asylum on contract with ATF involved. A lot of the shows would premiere in Canada, then run in the US, as they were processed and edited in Canada- some other others were shot cheaply on foot or in a room that was the size of a twin hotel room, and they used minimum lighting and a tan paint color that in light looked off-white. That’s one of the reasons why there are nearly no credits on any of those shows, with the supposed reason there could be “retaliation”. There was no risk of retaliation because unless they were in Witness Protection or Testifying, nobody would participate.

    If you open this link, hope to God you hadn’t been eating lately. Nowadays, he’s had a buncha work done, looked like they lipo’d his cheeks, did his nose, and something else. He also dies his hair and vandyke now. Nobody cares about the lying motherfucker, just be nice if he shut up with lies.

    https://i.ibb.co/JthMmHW/assholemotherfucker.jpg

  9. Curbside Says:

    My Sunday School teacher once told me that I shouldn’t tell people I hope they die slowly from cancer of the ass.

    In this case, I’m pretty sure God will forgive me, considering the recipient of such remarks work for the US federal government.

  10. Neuro Says:

    Why does shovel have a thumbnail photo of a transvestite ? Just because Sutter thinks that’s cool, I don’t think anyone here does. I doubt the mongols want you speaking up for them.

  11. BigGrumpy626 Says:

    To ALL you bitches that want to (ONLY) say shit and (ONLY) talk bad about the “MIGHTY” Mongol Nation, fuck you, your fucken bitch of a mother, and fuck anything else you give a fuck about bitches. Because if one’s in front of you, you’d try to suck his Mongol cock !!! So fuck ALL OF YOU !!! MFFM !!!

  12. SB Apollo Says:

    Shovel is a male prostitute. Get the fuck out of here you fucking loser. Commonsense, you sound like a federal agent provocateur.

    https://www.youtube.com/watch?v=rPMsaxqiL5Q

  13. No one important Says:

    @commonsense,
    You believe the bullshit put out by gangland? That’s funny! Do you also believe Jax Teller is a real guy in a real club? I guess common sense isn’t so common anymore.

  14. Not Surprised Says:

    Shovel:

    It was LBJ not Nixon

  15. 78Airhead Says:

    Whenever the feds have a large investment in a case, they won’t let go. Watched it, first hand, happen to friends. Feds had spent a half mil trying to prove bs, so somebody was going to do time.

  16. PK Says:

    When you hand out patches like candy and fill your ranks with lames who don’t ride, never owned bikes and are dropouts what do you expect? You don’t think the Feds will treat you like a gang if you act like one? Oh and common volunteering your guys for war is not the same as working for the feds. Ask all your buddy’s from black rain about that. They’re experts on working for the Feds. Grey job rebel. Will donate this week when I get paid.

  17. commonsense Says:

    To Shovel. I think Lil Dave is a great PR guy but you make a blanket statement about all Hells Angels working for the federal government. Isn’t that what Doc did when he was a Mongol and he ratted out. I do not judge the Mongols today on an ex leader who ratted. Explain to me why the HA’s are the Feds bitch. If not STFU

  18. commonsense Says:

    I saw a video last night on you tube Titled “Hells Angles VS Vagos MC Sex Drugs and Harleys” published June 30 2016. It starts out saying the Vagos own the open road in So Cal. Whatever it’s one of those gangland shows. Here is where it gets weird. They have a guy named Sniper with a hoodie on and shades and his voice is disguised bragging about all the illegal shit the Vagos do. It’s no different than the show with the crips , bloods or latin Kings. So before I made this comment I looked on gangland for the Mongols and HA’s and surprise..they don’t run their mouth like that. The Vagos offered themselves to RICO. Back to the Mongols I see the Feds looking at them like the high hanging fruit and when there done they will go to the low level fruit like the Vagos that gave it them on a platter.

  19. Shovel Says:

    “…once wrote then-President Nixon a letter informing him of the Angels willingness to go and “finish” the Viet Nam war for America. He and fifty Hells Angels.” Lil Dave never “informed” the government of anything. He’s damn smart if you ask me. He also saved the Mongols’ patch. Here’s the problem with the Hells Angels working for the Federal government: They’re now the Fed’s bitch, forever.

  20. Bo Says:

    I was a member 4 12 yrs,last 5 what a joke, brotherfucking, lying,stealing,patches given 2 lame fucks who didn’t earn e’m,total joke, fuck e’m all

  21. Lunchbox Says:

    @US government Corrupt

    While I agree with most of what you said, the immigration problem is not Fake. There are far to many undocumented illegal immigrants here. They put a major drain on public resources. And while they are not all from Mexico, most come in that way. The wall is needed. One other thing that might help is to increase security at the border.

  22. Maven Says:

    I stand with the Mongols MC in their stand against this ridiculous and tyrannical over reach by the government. It’s sickening what the government is trying to do here, but not surprising.

  23. moto Says:

    Like them or not, if the government successfully seizes their patch, you can rest assured they are coming for yours soon after that

  24. Tom tom Says:

    The point is of the prosecution wins at any level..thos will be an open door to take away any identifying symbol, banner , logo or paper agreement that associates more than 1 person with another.That means all m.c.s , churches , or tax exempt groups will be endangered.

    T

  25. Sunsetkid Says:

    AFFA

  26. Hellion Says:

    Fukn. Joke. Mongol Nation a joke ride around like they somebody and they ain’t shit. Funny as hell biggest damn punks I’ve ever seen. Lil Dave is a dumbass
    Mongols pay that fukr 100 a month to wear a path. Stupidest thing I ever seen

  27. Us government corrupt.... Says:

    We all know that the us government is so dam corrupt that they let their own officials committ crimes and they get away with it and they cover each other’s asses.i hate how this country is coming out but it’s true.their trying to take our rights.not good.to me motorcycle clubs are not gangs the real gang members are our own government.like they killed John F.Kennedy and September 11 and blamed it on Iraq and now Donald Trump with his fake immigration crisis to build a wall.with the help of gorge Soros from the CIA.building a wall will be a mistake.

  28. No one important Says:

    This is ridiculous! If this is how it works then they need to prosecute law enforcement as a whole for the multiple crimes committed by those wearing a badge. And while they’re at it, go after the Vatican for the heinous crimes their priest committed against children.

  29. Gary Thompson Says:

    I don’t know what part of Freedom of Speech they don’t get!? They’re hoping to fine them out of existence. Good Luck with that! “You’re scary” “and you’re scaring us” What a bunch of effing punks! Now if the Mongols were wearing rainbow flags and had my lil pony for a mascot that would be totally acceptable!

  30. jrino Says:

    Like a dog that grasp’s a pant leg and will not let go no matter how hard you shake it. It’s freakin morainic. Government growing new lawyers to work for them like the kid fighters of the Khmer Rouge.

Leave a Reply