It looks like a new “chapter” is about to be written for Ruben “Doc” Cavazos (former Mongol Motorcycle “Club” President). Cavazos wrote a memoir titled “Honor Few, Fear None: The Life and Times of a Mongol” published just this past June by HarperCollins. Cavazos was a CAT scan technician at the University of Southern California Medical Center by trade, but many knew feared him as Doc, the International President of the Mongols.
The press wires are flooded today with reports about massive raids and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) (press rel. HERE) infiltrating the Mongols MC after early morning arrests. L.A. Times reports that ATF agents served more than 160 search warrants and 110 federal arrest warrants as part of a three-year, undercover investigation dubbed “Operation Black Rain”. Most of the arrests occurred in California where over a 1000 heavily armed federal agents performed sweeps in the San Gabriel Valley. Reports from Nevada (Reno), Oregon, Colorado, Washington and Ohio who were part of the take down are starting to filter in. In Nevada they arrested 7 of 11 members. In Colorado, 10 of the 11 members were arrested along with several other people mixed up drug trafficking charges. Nothing as of yet out of Oregon press. In Oregon authorities made no arrest, but did issue several search warrants.
I’ve written previously about motorcycle “clubs” and the Mongols in the Northwest HERE, HERE and HERE.
Interestingly the ATF used multiple undercover agents who were highly experience in deep cover. According to Tom Mangan of the ATF;
“They were so experienced… they became full-patch members of the Mongols, which is an outlawed motorcycle gang. They were living and breathing day to day with those guys”. Mangan went on to say that four undercover women ATF agents were involved in the operation as biker girlfriends to help legitimize the operation.
One of the more important parts of this action isn’t the large number of people taken down or how ATF achieved such deep cover inside the operation… it’s the move by the government to seize the intellectual property of a ‘club.’ Of course all the RICO laws apply, but the U.S. Attorney, Thomas O’Brien is seeking the ability for the government to “own” the IP…that would mean they own the design, the trademarks, who has access to patch usage etc., and have the ability to then have LEO stop any member wearing the Mongol “patch” and could literally take the colors from anyone in the furture. That could essentially shut them down…at least with these colors dating back to the 1970’s.
Lastly there were news references to the Mongols MC recruiting Hispanic (non-motorcycle riding) street gangs into the club which was creating a rif. This is somewhat similar to the many reports coming out of Denmark/Copenhagen where the AK-81 (HAMC support group) has increased the armed conflict with immigrant gangs over territory. Sean Royce has detailed a great deal of this activity since at one time the apartment he lived in looked directly at the HAMC club house. The point being it’s not just a U.S. issue.
Again these are allegations by LE at this point – we do have presumed innocence in the U.S. – I’ll follow details and update the post with Northwest related news as appropriate.
UPDATE: October 22, 2008 – KPTV/Fox reported that northwest homes raided yesterday were in Turner, St. Helens, Vancouver and Milwaukie. Video HERE. Police didn’t arrest anyone in Oregon or Washington but investigators said they confiscated 18 firearms, about two pounds of marijuana and a computer.
UPDATE: October 23, 2008 – AP reporting that U.S. District Court Judge Florence-Marie Cooper granted an injunction that prohibits Mongols “club” members, their family members and associates from wearing, licensing, selling or distributing the Mongols logo. That is unprecedented court action! Full 177-page federal grand jury indictment located HERE (.pdf). Courtesy of InsideSoCal.
UPDATE: October 9, 2009 — Under RICO, the U.S. Government tried to strip the Mongols MC of their logo, and make it the property of the government. After getting a preliminary ruling allowing them to do so, the Feds have been going into private property of American citizens to confiscate patches, including by some reports breaking into cars and homes to do so. Judge Florence-Marie Cooper ruled last month that a) the government can’t take the trademark, and b) even if they could, they have no right to go around confiscating patches or other items containing the mark from private citizens who are not under indictment. And, even if the Court were to assume that the collective membership mark is subject to forfeiture, the Court found no statutory authority to seize property bearing the mark from third parties…. only defendants’ interests in the RICO enterprise and the proceeds from their racketeering activity are subject to forfeiture. The net of all this is the Mongols MC get to keep their patch, and the Feds have to stop making searches and seizures on the basis of merely possessing it. The .pdf of the ruling is HERE.
Cover artwork courtesy of HarperCollins web site.
Interesting new strategy on the part of FED LE when it comes to this subject –
http://www.comcast.net/articles/news-national/20081023/Biker.Gang.Busts/
The LA Times is reporting the federal injunction was granted in the FEDs’ favor and all intellectual property (e.g. “Colors”) can be seized if seen by a police officer.
I’ve update with URL’s and provided a direct download link to the 177-page indictment document.
I am so shocked to see that the FEDs actually was able to seize any intellectual property created by this club. Makes me wonder what ever happened to our “First Amendment the right to freedom of religion and freedom of expression from government interference”. Don’t get me wrong, I’m not in favor with these MC clubs, but I am looking at it more on the rights of being a free individual, who has the right express what he feels.
Might wanna keep an ear out for that “intellectual property” siezure story. I’m hearing that it kinda backfired on the feds.
Respects,
Hermano Roadrash
I don’t think that the Feds will successfully be able to seize Copyright materials in this case or, in essence, the copyright. Copyright law is tricky.
I am very concerned with the first amendment rights violations by the government in this case as well.
I printed out the pages concerning the “right” of the government to seize the copyright material. This will be sticky. I’m going to keep an eye on it.
I will elaborate on my above statement: The Federal Government is after the Mongols’ Trademark (serial number 76532713, registration number 2916965). This Trademark covers (1) typed drawing and Word Mark “MONGOLS”. (caps).
Copyright is different , however. Copyright does not have to be registered to be effective. The designer(s) of the original work of art own the copyright to that design. He does not have to put a copyright mark on it, this is an “implied” ownership of that art work. It makes ownership of the “artwork” a separate issue…..hmmm…..
Mongols, uneducated low-life thugs who never grew up. How cool is it to rip-off other “bikers” scooters? What kind of moron would want to wear a sign advertising they are a criminal? What insecurities require a full grown man to want to show how tough they are by intimidation? Lames all of them. Grow up and get a clue!
I dont advocate criminal activity but stopping and stealing a man’s patch isn’t cool. There may be merit in running the man through the database and grilling him for info but pulling off his patch doesn’t seem right. Next they’ll be confiscating Harley attire on the side of the road. Nasty bikers riding in underwear and moth eatin’ socks. Yuck. I’m not a supporter of any outlaw mc but I think the law might be stepping a little too far with this. Even outlaw bikers have rights. Sure, bust their ass if they’re dealing and stealing. Shake them down if need be for associating with a known criminals. However, stripping the patch off their back is too much. Sorry Mongols, you guys might have dug your own grave but you deserve to be buried in full colors. Good luck.
Does anyone find it interesting that Jesse Ventura the ex-governor of Minnesota was at Mongol back in the mid-1970s
“Brutal Brad
Does anyone find it interesting that Jesse Ventura the ex-governor of Minnesota was at Mongol back in the mid-1970s”
In a word…..no…..
I LOVE MY MONGOL
Eleven months later and Mongols MC retain ownership of the logo. I’ve updated the post w/ links to the ruling by Judge Florence-Marie Cooper.
Patch or not to patch that is on everyones mind. Do at your own risk. Now is a bad time to have a patch. If you like war with FBI, DEA, ATF, SHERIFF, POLICE AND ALL L.E. NOW YOU WILL HAVE WAR WITH ALL OTHER 1%ERS AS WELL THEY DONT PLAY AS NICE AS THE COPS DO. IF YOU DONT LIKE THE GAME THEN GET OUT. IF YOU DO THEN LOOK AT ALL THE NEW PEOPLE YOU WILL GET TO MEET. ALL THAT PEOPLE SEE IS GANGLAND BIKER WARS AND TAKE DOWNS RAIDS AND MURDER I HOPE SOMEDAY IT WILL ALL BE IN THE PAST BUT WAR IS HERE AND THE SIDES HAVE BEEN TAKEN. IF YOU BREAK THE LAW OF THE LAND YOU AND YOU ALONE FACE IT. NOT YOUR CLUB. IF A COP BREAKS THE LAW HE OR SHE WILL GO TO JAIL TO . YOU KNOW WHAT YOU ARE DOING BEFORE YOU DO IT . SO PUT ON THAT PATCH .ITS YOU THAT WILL HAVE TO FACE A PISTOFF 1%ER OR A PISTOFF COP/L.E. YOU WILL MAKE FRIENDS IN NO TIME AT ALL .GOOD LUCK WELCOME TO THE WAR…….
My patron Saint is Michael. My faith in God and my unshakable resolve will get me through one way or another….
COPS have seen omgs take patches from each other for years they know that we piss each other off by taking them from each other now they just want to play the same game its funny that they didnt see it comming or did they ? might band all together or all that patch taken may not let them like each other to work it out as a larger voice to much blood has passed under that bridge food for thought
The ‘patch taking’ referred to by Big-B amongst the OMG’s is usually accompanied by violence and blood.
And it’s sure as hell not a legal affair where attorneys can argue the merits before a judge and the judge makes his ruling and everybody goes away happy….
Let’s call a spade a spade ok?
Retired LE is a verry wise man and is on the money. as of now all I see is spades taken over and the loss of real brotherhood as the sides take up and the walls come in the west coast is in for a big change by biker war or new laws it is going to happen soon take a step back for a minn do people respect you for the life you live as a good man to all or is it out of fear that you might kill them how do you want to be thought of to the people you see every day can you be trusted love and love back you know brotherhood in life we can make good and be remberd for just that. MAY ALL THE OUTLAW KINGS BE FAIR MEN RESPECT IS HARD TO COME BY TRUE RESPECT IS POWER
I would not wanna be the cop who tries to take the colors off a mongol or any other omg member. They call themselves 1percenters for a reason
No reason for a cop to do that unless he is following a lawful court order issued by a judge or the particular patch in question is in itself evidence of a crime.
If that is the case, then it’s gonna happen whether the dude holding the patch is a 1percenter or not.
Just my take on it.