Sun Sentinel Palm Beach Edition

Mongols must give up logo, jury says

Panel calls move a punishment in racketeeri­ng case

- By Joel Rubin Los Angeles Times

LOS ANGELES — On California’s freeways, in biker bars and during notinfrequ­ent clashes with other outlaw motorcycle clubs, members of the Mongols are easily identified.

They are the ones in the leather vests and jackets adorned on the back with the distinctiv­e image of a Genghis Khan figure in sunglasses riding a motorcycle beneath the group’s name, spelled out in large block letters.

Since the group was formed in the late 1960s, the logo has been a potent element of the Mongols’ identity, which over the years has included an unmistakab­le penchant for drug dealing and violence by many members.

Only those who have been admitted to the inner ranks of the insular group are allowed to stitch the large patches of the insignia onto their riding apparel.

And in the closed-off world of motorcycle clubs, built largely around rivalries and alliances with other groups, the logo is an unmistakab­le totem.

The ability of Mongols leaders to use their image was dealt a blow Friday when a federal jury in Santa Ana, Calif., decided the club should be stripped of the trademarks it holds on its coveted logo as punishment in a racketeeri­ng case.

The verdict, however, set up a First Amendment showdown over the right of the club’s members to express themselves.

Last month, at the end of a lengthy trial, the same jury convicted the Mongols motorcycle club of racketeeri­ng and conspiracy charges, finding the group shared responsibi­lity for murder, attempted murder and drug crimes committed by individual members.

The verdict allowed prosecutor­s from the U.S. attorney’s office to pursue something they had long sought: a court order forcing the Mongols to forfeit the trademarks as part of its sentence.

The jury returned last week to hear a day of testimony and arguments from prosecutor­s and the Mongols’ defense attorney on the forfeiture issue. The panel had to decide whether the logo was linked closely enough to the crimes for which the Mongols organizati­on had been convicted to warrant forcing the club to forfeit the trademarks to the U.S. government.

After two days of deliberati­ng, it decided there was, in fact, a tight nexus between the image and one of the criminal charges the club faced — conspiracy to commit racketeeri­ng.

Calling the verdict the “first of its kind in the nation,” U.S. Attorney Nicola Hanna said seizing the Mongols trademarks would serve to “attack the sources of a criminal enterprise’s economic power and influence.”

But the case is not over. U.S. District Judge David O. Carter declined to immediatel­y order the trademarks forfeited and instead set a hearing for next month to address, among other things, thorny First Amendment issues raised by the verdict.

The government’s pursuit of the trademarks is a novel legal strategy, based on the idea that control of the trademarks would not only cut off the stream of money that Mongols leaders collect from selling patches and other merchandis­e to members but would also empower government officials to stop Mongols members from wearing any clothing with the potent Mongol image.

An effort to bar Mongols members from displaying the logo, trademark experts and constituti­onal scholars said, would run the risk of crossing constituti­onal lines set out by the First Amendment, which protects people’s rights to associate freely and express themselves.

“Just because you’re found to be a criminal, you don’t lose your First Amendment rights,” said Jeffrey Pearlman, interim director of the Intellectu­al Property & Technology Law Clinic at the University of Southern California’s Gould School of Law. “What the government seems to be trying to do is prevent these people from associatin­g with each other.”

But Erwin Chemerinsk­y, dean of the law school at the University of California, Berkeley, said the government likely has the law on its side.

He pointed to a 1993 case in which a divided U.S. Supreme Court ruled the government was within its rights when it seized and destroyed all the contents in adult bookstores owned by a man who had been convicted under the same federal racketeeri­ng laws used in the Mongols case.

“I think the government’s action seizing speech should violate the First Amendment, but (the earlier case) will make the First Amendment claim difficult,” he wrote in an email.

It is not the first time concerns over the First Amendment have been raised in the government’s pursuit of the Mongols. A decade ago, in an earlier case, prosecutor­s sought authority to seize clothing bearing the Mongols’ insignia. A member of the club sued, claiming his rights under the First Amendment were at risk, and prevailed.

“The plaintiff’s hardship in not being able to express his views and public interest in protecting speech outweigh the government’s interest in suppressin­g an intimidati­ng symbol,” the judge in that case wrote.

At the forfeiture hearing last week, Joseph Yanny, the Mongols’ defense attorney, repeatedly told jurors that taking the trademarks from the Mongols would amount to a “death penalty” for the group. And on Friday, following the verdict, he said in an interview that he would argue to Carter that the jury’s decision should be set aside in light of the First Amendment issues.

Individual members of the Mongols, he added, are likely to file their own challenges as well.

The Mongols were formed in 1969 in Montebello by a group of mostly Latino men who reportedly had been rejected for membership by the Hells Angels motorcycle gang, which has become the Mongols archrival. It has expanded over the decades to include several hundred members in chapters across Southern California and elsewhere.

The federal government has pursued the Mongols for years, along with several other biker clubs that authoritie­s have identified as “outlaw motorcycle gangs.” Despite their claims of being innocent social clubs, the groups, which include the Hells Angels, Vagos and the Outlaws, have long track records of warring with one another and, according to authoritie­s, operate as criminal organizati­ons that subsist on the drug trade.

In 2008, nearly 80 Mongols members were charged in a sweeping racketeeri­ng case that included an array of alleged murders, assaults and drug deals. The charges were the culminatio­n of Operation Black Rain, an investigat­ion that centered on paid informants and undercover agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives who infiltrate­d the club’s ranks.

Prosecutor­s devised the strategy of stripping the Mongols of its trademarks in this earlier case.

 ?? RIC FRANCIS/AP ?? Only those admitted to the inner ranks of the Mongols are allowed to stitch the insignia onto their riding apparel.
RIC FRANCIS/AP Only those admitted to the inner ranks of the Mongols are allowed to stitch the insignia onto their riding apparel.

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