Attorney Motorcycle Club – Motorcycles seized from a Mongolian motorcycle gang are shown at a press conference in Los Angeles on October 21, 2008. Getty Images file via Ted Sock/Corbis
A federal judge in California has refused to uphold a jury’s decision to seize the Mongolian Motorcycle Club logo.
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US District Judge David O. Carter, who presided over the racism trial late last year in which the Mongolian nation was convicted, cited constitutional protections against attacks on free speech and higher penalties than Thursday’s ruling.
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“The First and Eighth Amendments forever bar the government’s request to take away rights associated with collective symbols,” Carter wrote in the decision.
Attorney Joe Yanni, who represents the Mongols, said the ruling would protect all members of the group. “You have no right to steal a group’s identity,” he said. “I think the Mongols will succeed in their bid if it goes that far.”
Yanni also said that the club’s accusation was a “general criminal attempt” and that the Mongols had already “cleaned up their act” by expelling members involved in illegal activities.
For more than a decade, federal prosecutors have been trying to seize the Mongols’ trademark logo, which they say is central to the identity of what they’ve called a motorcycle gang.
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In December, a jury found the country of Mongolia guilty of intimidation, and in January, a jury decided to impose its trademark logo on the country of Mongolia, in what it called the first verdict of its kind.
An imported Mongolian patch and vest are displayed at a news conference in Los Angeles on October 21, 2008. Getty Images file via Ted Sock/Corbis
Carter wrote that the jury found that the government “failed to prove a necessary connection between the general membership indicator” and the crime of racism, but that the general membership indicator was defeated only on the conspiracy count.
“The deprivation of rights related to the symbol, which has been used continuously by the group since 1969, is unfair and completely disproportionate to this crime,” wrote the judge. “To hold otherwise would set a dangerous precedent by allowing the government to target the symbols associated with the groups it chooses to prosecute for the RICO conspiracy.”
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Carter pointed to past RICO actions by the government against the organized crime community of crew members, noting that the crew is still a sign and symbol used today by more than 1 million member .
A jury has decided to remove the Mongolian nation’s trademark logo after he pleaded guilty to racism and conspiracy. Prosecutors alleged that he operated as an organized crime syndicate engaged in murder, attempted murder, and illegally distributed methamphetamine and cocaine. A decision in January to revoke the trademark from Mongols requires final approval from a judge.
“As we discussed in our briefs, we believe that the court was required by federal and state law to issue the requested forfeiture order,” the US attorney’s office said. for the Central District of California in Los Angeles in a statement.
“While affirming the jury’s guilty verdict on the charges of racism, the court’s decision overturns the jury’s findings that the signs were an integral part of the decades-long murder , invasion and drug trafficking at Mongol,” the US Attorney’s Office said.
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Carter wrote in the decision that the right of Mongolians to express their identity through symbolic speech is protected by the First Amendment.
He cited another judge’s comments regarding the Mongolian symbol, and that judge wrote: “Although the symbol may sometimes serve as a mouthpiece for illegal or violent behavior, it does not protect speech from the First Change.” Not enough to save.”
After US attorney Thomas O’Brien first announced the unusual legal bid to revoke the trademark logo when 79 Mongols members were sued in 2008.
Prosecutors argued in court documents that the Mongols are a national group. About 400 of the 500 to 600 members are believed to be located in Southern California, some of whom are current or former members of Los Angeles County street gangs.
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Defense lawyers said the motorcycle gang is just a loose arrangement of bikers in the South West, not an organized criminal enterprise.
The judge also denied Mongol Nation’s request for a voluntary and new trial and issued a preliminary injunction to seize weapons, ammunition, weapons and other property seized by federal authorities. .
The Mongolian group still faces penalties for two counts of intimidation, and the government has said it could seek fines of up to $250,000 on each count, a spokeswoman for the US attorney’s office said. According to Thursday’s ruling, a sentencing hearing is scheduled for April 24.
Yani, the lawyer representing Mongol, said that the group does not commercialize the logo and that the people who use it must be members of the club.
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“These are hard-working members of the community,” Yanni said. “You’ve got everything from junkies to drug addicts in this club.”
Andrew Blaxton is an investigative reporter for NBC News. It covers the western part of the United States, especially in crime, the courts and national security. Court Says Jury Can’t Strike Mongol Bicycle Club’s Trademark Logo Federal prosecutors say the Mongols are a criminal organization and their logo is central to their false identity. their legal But a judge ruled that the symbol is constitutionally protected.
Los Angeles County law enforcement agencies have announced the arrests of several members of the Mongolian Motorcycle Club on drug and murder charges in 2008. Rick Francis / AP Hidden Caption
Los Angeles County law enforcement officials say they have arrested several members of the Mongolian Motorcycle Club on drug and murder charges in 2008.
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The Los Angeles-based Mongolian Motorcycle Club won’t be getting rid of its trademark logo anytime soon after a federal judge essentially overturned a jury’s decision to collect the symbol have them removed.
U.S. District Judge David O. Carter said Thursday in Santa Ana that the jury’s decision violated the club members’ First Amendment rights to free association and expression and their Eighth Amendment protections face excessive fines.
“There is no doubt that the government has a legitimate interest in attacking the economic foundations of a criminal organization like the Mongolian nation,” Carter wrote in his 51-page decision. ‘ club to lose the rights related to the symbol, which the group has used since 1969, “unfair and completely unfair”.
In January, a grand jury, in the first ruling of its kind, agreed with federal prosecutors to remove the Mongols’ logo — a glass statue in the shape of a goat and a helicopter riding a horse’s tail below the club. Proponents of names argued that the Mongols are a criminal organization and that their logo is central to their illegal identity, which “they wear as a weapon. “
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A month earlier, the same jury indicted a group of Mongolian leaders, the Mongolian Nation, on charges of conspiracy and conspiracy related to drug trafficking and violent crimes by individual members.
Club leaders say their group is not a criminal activity and that no crimes were committed when the work of rogue members was expelled from the group.
“This is a massive effort that has never been the law in this country,” said Mongols’ attorney, Joe Yanni, as quoted by the Associated Press. “You don’t punish people for being guilty. , and you don’t punish people because they know people who are somehow related to people who are accused of doing something wrong.”
A spokesman for the U.S. Attorney’s Office said in a statement that prosecutors were disappointed by the decision and “will certainly consider an appeal.”
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“The judge recognized that intangible property could be seized or confiscated. A trademark, especially a generic trademark, is a unique type of property associated with real use and symbolic goodness, which is unique to this particular situation. I don’t fit it. in.” The government is seeking the drug,” Gainer said in an email.
It was the same year that nearly 80 members were convicted of drug offenses and assaults.
The Mongols, founded in 1969 by a group of Latino men, have a long and sometimes violent rivalry with other biker clubs, such as the Hells Angels. Copyright © 2024, Los Angeles Times | Terms of service | Privacy Policy | CA Application Notice | Do not sell or share my personal information
Members of the Mongols walk along 6th Street in Los Angeles. In 2018, the club was convicted of racism.
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The Mongols Motorcycle Club will not get a second chance to face federal racism charges after a judge last week denied a request for a new trial.
In an oral ruling, U.S. District Judge David O. Carter denied the club’s request Thursday, said Tom Mrozek, a spokesman for the U.S. Attorney’s Office for the Central District of California. A written decision was not available Monday night.
Carter’s decision comes nearly four years after a federal jury convicted Mongols of racism in 2018, finding that
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