Mongols Keep Their Logo
Posted by Ben Baker on Oct 16th 2016
| SANTA ANA - The Mongols MC has successfully fended off another challenge to the MC in California. | |
| The order dismissing the federal case was handed down Sept. 18 from Federal Judge David O. Carter in Orange County. The entire decision granting dismissal can be read here, courtesy the LA Daily News. | |
| The judge’s order reads in part, “…serious First Amendment concerns were raised by the Government’s seizure of expressive materials bearing the marks, which were ‘prior restraints on speech,’ and did not find ‘convincing’ the Government’s arguments to the contrary.” | |
| In other words, the government has to work really hard to restrict Free Speech as guaranteed by the First Amendment. This time, the federal case fell short of that mark. | |
| The judge also ruled the federal case failed on three points: | |
| 1. | Trademark law protects the logo. |
| 2. | The indictment was a charge against the Mongol MC instead of a person. The ruling cites US law to back this up. |
| 3. | The Mongols MC says it is “legally incapable of committing the racketeering acts set forth in the Indictment, and therefore no criminal liability can attach.” |
| Judge Carter further calls the federal case “spurious” and “selective prosecution, and bringing a frivolous, malicious, and vexatious indictment against Mongol Nation.” | |
| THE LATEST GRAB | |
| The attempt to take the MC’s logo stems from a 2013 indictment against the Club. Aging Rebel takes a look at the indictment and what the federal government is trying to do through these charges. It’s not the first time federal law enforcement has tried this. “The Mongol Nation criminal indictment seeks, for the fourth or fifth time, to seize ownership of the insignia of the Mongols Motorcycle Club,” he wrote. | |
| The grab comes under the Racketeer Influenced and Corrupt Organizations Act (RICO). The judge’s order gives plenty of references to criminal acts by the Mongols MC members. It also notes that full members of the club wear patches and tattoos of Mongols MC to identify themselves as full club members. | |
| Page 6 of the indictment spells out the federal case clearly. “It is alleged that Defendant Mongol Nation held and maintained the “Word and ImageMarks” in order to “ensur[e] that the display of the Word and Image Marks by Mongols engaged in the criminal activities described in [the Indictment] conveyed that those criminal activities were being carried out on behalf of the Mongols Gang.” | |
| By linking MC club member’s criminal activity directly to the display of the Mongol National logo, the federal authorities attempted to prove the logo is a required part of any sanctioned criminal activity. | |
| ONE PERCENTERS | |
| The Mongols MC proudly claims 1 Percent status in the riding community. Judge Carter appeared to agree with that self-assessment. His order has “findings of fact” which include the following statement on Page 3: “The Mother Chapter also approved new members, resolved internal disputes, and issued incentives to members for “committing acts of violence on behalf of the Mongols Gang, incurring physical injury on behalf of the Mongols Gang, and performing specific sexual acts at Mongols Gang events.” | |
| Former Mongols MC President Ruben Cavazos Sr. got trademark protection on the Mongols logo. There were some changes to the ownership of the trademark and how the club was named from 2005 to 2009. | |
| LOOKING AHEAD | |
| Attorneys Joe Yanny and Elliot Min of the Los Angeles-based law firm Yanny and Smith, represented the Mongols in court. | |
| The fight may not be over. Tom Mrozek, a spokesman for the US Attorney’s Office, said prosecutors are considering an appeal. | |