Mongols Forfeiture Case Continues

December 11, 2012

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Like the grimmest cancers, the civil forfeiture case against present and former members of the Mongols Motorcycle Club seems incurable. Fifty months after the United States of America sent 1600 militarized police in five states to arrest and harass members of the club and steal or break every possession they could reach, the never ending Mongols case continues.

Most of the action these days is related to the motorcycles, cash, guns, documents, electronics and mementos that police “seized” in October 2008. The majority of the victims of this seizure were never accused of any crime. They were never accused because they were at least as innocent as the Pope. All of the stolen property was seized as “evidence.” By law, it should have been returned in January 2009. The deadline was ignored because the judge then presiding over the case, the late Florence Marie Cooper, died. So scores of Mongols, relatives and friends of Mongols and people rumored to be connected to the Mongols sued to get their property back. The resulting case is officially called United States of America versus Assorted Firearms, Motorcycles and Other Personal Property.

Never Gonna Get It

The most recent action in the case was an objection filed yesterday afternoon by Juan Alfred Gonzalez, who now lives in Florida and who has been waiting four years for the government of, by and for the people to return what it stole from him. Gonzalez is representing himself because he cannot afford a lawyer and he is objecting that he was never notified that he would have to sue the government to get his property back.

The villain at the center of this mad drama is a portly and florid bully named Steven R. Welk. Welk has been stone walling his victims for years. A week ago he filed a motion “that on January 21, 2013, at 8:30 a.m., plaintiff United States of America will present a Motion for the Entry of Default Judgment as to the remaining defendants before the Honorable David O. Carter, United States District Court, 411 West Fourth Street, Courtroom 9D, Santa Ana, California 92701.” It is basically the same motion Welk has been filing over and over for four years. To hear him in court is to understand that he committed all these accusations to memory long ago.

Welk argues that the victims of the government’s theft “were members and associates of” what he calls “The Mongols Criminal Gang.” He defines this “criminal gang” as “an organization engaged in, among other things, murder, conspiracy to commit murder, attempted murder, conspiracy to traffic in narcotics, narcotics trafficking, robbery, extortion, money laundering and witness intimidation. This organization, known as the ‘Mongols’ outlaw motorcycle gang, operated in the Central District of California, Southern District of California and elsewhere.” More than half of the 31-page motion reiterates and elaborates the same accusations the government made when the case began.

Justice would be served if the government simply gave back what it stole. Instead, Welk has spent years complicating the case and making it as difficult and expensive as possible for victims of this injustice to even protest their victimization. In a just America, government attorneys would seek truth and fairness. This is not, as many readers already understand, a just America. This is the America that is going broke. Simultaneously, this is the America that has become addicted to police and punishment. And, those addictions are a large part of the why and how of America going broke.

Billion – With a Bee

The extent to which the Department of Justice is itself a racket is illustrated by a press release Welk’s boss, United States Attorney André Birotte Jr., issued just three days after Welk filed his latest motion. The release leads with this unabashed brag: “The United States Attorney’s Office for the Central District of California collected more than $430 million as a result of criminal prosecutions, civil lawsuits and asset forfeiture actions during the 2012 fiscal year….”

Birotte then states, “During the past five years, my office has collected well over one and a half billion dollars – money that has gone to the federal treasury and to victims of federal crimes…. Assistant U.S. Attorneys in this office have collected an average of nearly $318 million in each of these years, annually demonstrating their deep commitment to being fiscally responsible…. “

“Nationwide,” the release continues, “the United States Attorneys’ offices collected $13.1 billion in criminal and civil actions during FY2012, more than doubling the $6.5 billion collected the prior year. The $13.1 billion represents more than six times the appropriated budget of the 94 U.S. Attorney’s offices.”

Whether the Department of Justice should be more concerned with justice or with slandering uncharged citizens for profit might reasonably be a matter worth raising in political debate. But, the question was never raised in this election year. And, it is probably fair to guess that most Americans have no idea that this is how federal justice pays for itself.


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7 Responses to “Mongols Forfeiture Case Continues”

  1. Big Loser OnePercenter Says:

    Hey Rebel,

    Hope all is going well for you. Do you have a revised date for that Motion for entry of default judgement?

  2. JT Says:

    There is no justice, just’us.

  3. slapstickHD Says:

    Police are the criminal gang

  4. PirateBiker Says:

    We do not have a fair and just government or society. Rules are for are rules in name alone.

  5. TheFactor Says:

    Rebel wrote:
    “In a just America, government attorneys would seek truth and fairness.”

    The American justice system, be it on the state or federal level, has nothing to do with truth or fairness, or even justice for that matter.

    FTF, FTP

  6. RVN69 Says:

    In light of this article, I copied this from another website.

    “What if you’re a New Jersey insurance adjuster driving through Tennessee as part of your job? You’re stopped for speeding and asked if you happen to be carrying a large amount of cash. It so happened George Reby had $22,000 cash in a bag in his back seat. He’d been negotiating for a car on eBay and wanted to be ready if he could make a deal.

    Officer Larry Bates of the Monterey, Tenn., police department seized the $22,000, figuring anyone carrying that much cash must be up to no good. “The safest place to put your money, if it’s legitimate, is in a bank account,” the officer explained. “He stated he had two. I would put it in a bank account. It draws interest and it’s safer.”
    Reby was stunned that the cop could legally take his property for no apparent reason. “I never had any clue that they thought they could take my money legally,” Reby said. “I didn’t do anything wrong.”

    Indeed, other than going too fast, Reby hadn’t done anything wrong, so Officer Bates didn’t arrest him. It was Reby’s cash that was suspicious, and it was the cash that the department wanted for its coffers. “No, it’s not illegal to carry cash,” Bates said. “Again, it’s what the cash is being used for to facilitate or what it is being utilized for.”

    The local news channel pointed out to Officer Bates that he had no proof the cash was being used for no good. But Bates countered with, “And he couldn’t prove it was legitimate.”

    It turns out that property can be confiscated if it’s thought that the money was involved in illegal activity. In Tennessee, if the out-of-staters do not hire attorneys and return for a hearing about their matter, they forfeit their property. Many aren’t given notice of the hearings.

    Officer Bates conveniently left out of his report that Mr. Reby told him he was shopping for a new car.”

    The entire article can be read at

    Oh Yeah, FTF, FTP

    Potius Mori Quam Foedare

  7. sled tramp Says:


    Not much to add to what amounts to an Everest of BULLSHIT but continued support to the Mongol Nation.

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