Mongols The END
Cruiser
Joined: Apr 2008
Posts: 147
Likes: 0
Have to wait an see where the chips fall on this. FEDS might have learned after the last time and got it right this time. As for seizure, they can seize anything used in the commission of a crime, bike, house, car what ever. Be that right or wrong they can and will do that.
The big thing in this that I see is that they are going after the "Colors". Maybe they can under the RICO Act but I bet it goes all the way to the Supreme Court and I feel that they will rule that the "Trade Mark" is a matter of free expression and wearing that in itself is not a crime!
If they do win whos next Harley Owners Group, Patriot Guard.
The big thing in this that I see is that they are going after the "Colors". Maybe they can under the RICO Act but I bet it goes all the way to the Supreme Court and I feel that they will rule that the "Trade Mark" is a matter of free expression and wearing that in itself is not a crime!
If they do win whos next Harley Owners Group, Patriot Guard.
Big Kahuna HDF Member
Joined: Mar 2007
Posts: 29,598
Likes: 19
From: Oregon
$.02
Seasoned HDF Member
Joined: Jun 2006
Posts: 30,881
Likes: 32,990
From: King George, VA
I would be inclined to think that a good lawyer can run circles around just about any District or Prosecuting Attorney. On the other hand, if the MC relies on a public defender, they are going to the slammer. The PD is only there to ensure the defendant gets a fair trial. Most people think the PD will build a case for them. That couldn't be further from the truth. They are funded out of the courts operating costs and each law office has to provide some hours to the local jurisdiction, so you know its going to be the new guy, just out of law school who still breaths through his mouth.
If the Mongols have a bankroll to play with, they will have some good attorneys working for them. What appear to be major charges will boil down to jay walking or failure to pay child support for the 10th time.
If the Mongols have a bankroll to play with, they will have some good attorneys working for them. What appear to be major charges will boil down to jay walking or failure to pay child support for the 10th time.
Road Master
Joined: Feb 2008
Posts: 829
Likes: 1
From: lakeland fl
do you really want to be seen by a Mongol riding a Mongol bike that had been taken from them ?
1. you are an undercover cop using a seized bike to infiltrate MC clubs
2. You are riding Mongol property
3. It just ain't right in his eyes
As far as the cut is concerned, it may be classified as an asset and thereby seized as such.
I personally can't condone LEO's breaking the law to operate, but it happens everyday.
The govt infringes on basic rights guaranteed by the constitution and the laws of this nation to justify their existance.
It is wrong, but it is real life.
The end justifies the means in their eyes.
But in doing so they lower their standing in the public eyes.
The average citizen may never question how a LEO operated until they cross paths with one.
EVERY LEO will lie and fabricate facts to make their case.
They will protect "their own", a perfect example of gang mentality.
1. you are an undercover cop using a seized bike to infiltrate MC clubs
2. You are riding Mongol property
3. It just ain't right in his eyes
As far as the cut is concerned, it may be classified as an asset and thereby seized as such.
I personally can't condone LEO's breaking the law to operate, but it happens everyday.
The govt infringes on basic rights guaranteed by the constitution and the laws of this nation to justify their existance.
It is wrong, but it is real life.
The end justifies the means in their eyes.
But in doing so they lower their standing in the public eyes.
The average citizen may never question how a LEO operated until they cross paths with one.
EVERY LEO will lie and fabricate facts to make their case.
They will protect "their own", a perfect example of gang mentality.
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Ultimate HDF Member
Joined: Jan 2008
Posts: 7,476
Likes: 5
From: Republic of Texas
Been a few attempts already to attack clubs, gangs and associations over criminal activity with new laws that were broad based with that guilty by association crap. I am cynical about how much will stick and how much of this is just for show. Feds have a record of missing the slam dunk while standing on a ladder looking down inside the net. I also believe where there is smoke there is fire. The mongols are most likely guilty of most of the charges but the question is always will it stick.
Interesting. The Feds have tried this sort of crap before, and in the end only a couple of guys went to jail for having illegal firearms and maybe a little pot. A lot of tax dollars go in, and they rarely get anything out of it of substance.
This thing about confiscating bikes may be disputed - especially if there is no IRS involvement. Usually property is confiscated over failure to pay tax on illegal operations. The way that works is they come up with some number (pulled out of their ***) of how much they think you may have made, usually this is incredibly inflated, then they tax you on that amount. Unfortunately if you are in this situation, there is nothing you can to dispute their number, so your stuff gets confiscated. "Legalized" theft is all it is. A lot of stuff taken never ends up in "evidence", but gets taken home by the cops.
About their cuts - taking their jackets that have their club name on them, and their bikes that have the name as well - that may violate the Freedom of Association that we are allowed in the Bill of Rights. This I find most troubling of all. This Guilty by Association thing is just plain wrong. Don't get me wrong here, the Mongols are no Angels, no way! ANY group or club have members that are involved in "criminal" activity, cops included. But are the Mongols a "criminal gang" that the Feds can come down on on racketeering charges? No way. They're a motorcycle club, if you doubt that check out the back of their cuts... "MC", it says it all right there. If you have any dispute with this, then I suggest you ask the guy wearing it.
This thing about confiscating bikes may be disputed - especially if there is no IRS involvement. Usually property is confiscated over failure to pay tax on illegal operations. The way that works is they come up with some number (pulled out of their ***) of how much they think you may have made, usually this is incredibly inflated, then they tax you on that amount. Unfortunately if you are in this situation, there is nothing you can to dispute their number, so your stuff gets confiscated. "Legalized" theft is all it is. A lot of stuff taken never ends up in "evidence", but gets taken home by the cops.
About their cuts - taking their jackets that have their club name on them, and their bikes that have the name as well - that may violate the Freedom of Association that we are allowed in the Bill of Rights. This I find most troubling of all. This Guilty by Association thing is just plain wrong. Don't get me wrong here, the Mongols are no Angels, no way! ANY group or club have members that are involved in "criminal" activity, cops included. But are the Mongols a "criminal gang" that the Feds can come down on on racketeering charges? No way. They're a motorcycle club, if you doubt that check out the back of their cuts... "MC", it says it all right there. If you have any dispute with this, then I suggest you ask the guy wearing it.
Last edited by oldairboater; Oct 22, 2008 at 06:48 AM.
