agingrebel.com
The 61-page search warrant affidavit and
its attachments which authorized the self-described knock and announce,
nighttime searches of the homes of three Mongols Motorcycle Club
members last week strongly suggests that the Department of Justice may
be preparing to indict the the entire club again, but this time is the
Federal District of New Mexico rather than the Central District of
California.
Federal police and prosecutors seem to
have decided to “venue shop” in Racketeering cases against large
motorcycle clubs. The recent Vagos trial was held in Las Vegas even
though most of the defendants lived in Southern California. The emerging
racketeering case against the Mongols is centered in New Mexico
although the clubs hierarchy resides is centered in Los Angeles.
The affiant in the search warrant
request is an FBI Special Agent named Bryan Acee. His affidavit
specifically cites: “information provided by the FBI, Drug Enforcement
Administration (DEA); Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF); United States Bureau of Prisons (BOP); United States
Probation Office (USPO); New Mexico Corrections Department (NMCD); New
Mexico State Police (NMSP); Albuquerque Police Department (APD);
Bernalillo County Sheri{?s Office (BCSO); California Highway Patrol
(CHP); California Department of Corrections and Rehabilitation (CDCR);
Los Angeles County Sheriffs Department (LASD); Los Angeles Police
Department (LAPD); and other law enforcement or corrections agencies;
including oral and written reports pertaining to physical surveillance;
information provided by undercover agents and informants; information
provided by cooperating defendants and/or the defense attorneys
representing those persons; information derived from lawfully
intercepted wire communications, to include telephone, text aod email;
and records from the FBI National Crime Information Center (NCIC),
United States District Courts, New Mexico Courts and the New Mexico
Motor Vehicle Division”
Predicates
Acee alleges that the ongoing
investigation of the Mongols results from an ongoing “war” between the
Mongols and the Bandidos Motorcycle Club. According to Acee, incidents
of that “war” include:
“In April 2019, in EI Paso, Texas, the
president of the MMC El Paso chapter assaulted a rival biker and caused
great bodily harm to the victim.
“In August 201,9, in Albuquerque, New Mexico, an MMC Southwest member resisted arrest and assaulted a BCSO detective.
“In September 2019, in Albuquerque, New
Mexico, MMC members from the Southwest and Duke Ci6, chapters robbed a
citizen biker, at gunpoint, of his leather vest and a pistol. The
assailants also damaged the victim’s motorcycle.
“In January 2020, in downtown
Albuquerque, New Mexico, several MMC and BMC members got into a fight. A
BMC prospective member shot and killed a MMC prospective member during
the brawl.
“In February 2A2A, in Midland, Texas, BMC and MMC members got into a fight.Four men were shot and one MMC member was killed.
“In February 2A2A, in Midland, Texas, BMC and MMC members got into a fight.Four men were shot and one MMC member was killed.
“In March 2A2A, in Albuquerque, New
Mexico, the MMC Duke City Chapter Sergeant at Arms told other members of
the MMC he had run a lone BMC member off the road and the BMC member
subsequently died.”
Acee continues, “I am familiar with both
motorcycle clubs and I believe they are similar in structure, purpose,
and ‘outlaw’ ideology. The BMC and MMC have dozens of regional chapters
around the United States, as well as in several foreign countries. Both
clubs have a large body of members and a vast network of supporters,
associates and recruits, Members of both organizations are fiercely
loyal to their respective clubs and to one another. The BMC and MMC
represeat themselves as ‘motorcycle clubs;’ however, I believe they may
more accurately be described as outlaw motorcycle gangs (OMGs).
Chatting With Cops
“I have spoken with members of both organizations and am aware both OMGs believe themselves to be ‘at war’ with the other.
Among the sources for Acee’s conclusions
and beliefs are. “six confidential human sources, all of whom are
members or close associates of the MMC.” The names of these souces are
secret because Acee believes “all six informants utilized in the
present-day investigation to be reliable. I recognize their cooperation
with the FBI is a serious betrayal to the MMC, which could result in
their injury or death, should their identities be revealed.”
In the affidavit, Acee indicates his
investigation is not confined to a few violent episodes with the
Bandidos in New Mexico and Texas. He flatly states:
The Criminal Enterprise
“The MMC is a highly organized criminal
enterprise, with a defined multi-level chain of command. The MMC have
established regional chapters around the world, with their headquarters
being based in California. Each local chapter has a president, vice
president, secretary/treasurer and sergeant-at-arms. The gang has an
estimated worldwide membership of approximately 1,500 members.
“Various federal and state jurisdictions
around the country have prosecuted members of the MMC in recent years.3
I am also aware the United States sought to seize the MMC trademark
insignia and patches after a federal jury found the MMC guilty of
racketeering.”
He names “Five media reports pertaining to the MMC< which have colored his opinions. The five reports are:
“Inside the world’s deadliest biker gangs” from the New York Post in 2013.
An undated DOJ press release titled
“54-Count Federal Indictment Charges 12 Members and Associates of
Mongols Motorcycle Gang with Racketeering Conspiracy and Three Others
with Various Federal Crimes Including Large Scale Drug Trafficking.”
A brief NBC News story titled “Mongols biker gang found guilty of racketeering.”
An El Paso Times news story from 2019 titled, “Mongols MC El Paso chapter president accused in biker assault arrested in raid.”
And a story from New Zealand titled, “Police raid new headquarters of Mongols MC gang.”
Acee does not list The Aging Rebel among his sources.
Same Old Boilerplate
The FBI telegraphs its intention to go
after the Mongols as a whole by stating: “I believe the MMC, including
its leadership, membership, prospects, and associates, constitutes an
enterprise as defined in 18 U.S,C. $ 1959(bX2), that is, a group of
individuals associated in fact that engaged in, and the activities of
which, affect interstate commerce. The enterprise constitutes an ongoing
organization whose members and associates functioned as a continuing
unit for a common purpose of achieving the objectives of the
enterprise.”
The affiant continues: “The Mother
Chapter is headquartered in Montebello, California, and exercises
authority over all MMC members and chapters around the world. MMC
members pay monthly dues or fees, to the Mother Chapter, which are
utilized to promote the MMC and pay the legal fees for any MMC members
arrested while conducting club business. The Mother Chapter reviews al1
MMC membership applications and has the final say in MMC politics,
disputes, by-laws or any other organizational decisions. The MMC members
within the Mother Chapter are considered ‘national officers’ and are
generally held in a higher regard among MMC members. New Mexico
currently has two chapters (Duke City and Southwest), which are managed
by a national officer in Nevada. New Mexico is expected to get its own
national officer, as more chapters are created around the state.”
“The MMC have (sic) a well-documented
history of criminal activity, to include murder, battery, assault with a
deadly weapon, robbery, firearms trafficking, unlawful possession
and/or use of firearms, drug distribution, extortion, motorcycle theft,
and hate crimes directed at African-Americans who run afoul of the MMC.
Members of the gang often intimidate witnesses, victims, and the general
public in an effort to cause fear and minimize persons reporting MMC
related crime to law enforcement. As such, many MMC members believe they
can commit their crimes with impunity because the MMC is a large and
powerful organization, with members around the world. MMC members,
prospective members, and associates often use the reputation of the MMC
as a meats to threaten and intimidate victims and witnesses, and protect
MMC members from prosecution.”
The search warrant issued in response to
Acee’s request was extensive. It seems to indicate that federal
authorities are conducting a fishing expedition. The items to be seized
from Carlos J. Alvarado, Jr., who is not charged with any crime reads as
follows:
Big Net
“All evidence, fruits, and
instrumentalities of violations of: 18 U.S.C. $ 1962(c) Racketeer
Influenced and Corrupt Organizations (RICO); 18 U,S.C. g 1959(a) Violent
Crimes In Aid of Racketeering (VICAR); 18 U.S.C. g 1951 Interference
with commerce by threats of violence; 18 U.S.C. $ 931 Possession of body
armor by a violent felon; l8 U.S.C. 924(c) Use of a firearm in
furtherance of a crime of violence; 18 U.S.C. g 922(9) prohibited person
in possession of a firearm or ammunition; 18 U.S.C. g 922((} Possession
of a stolen firearm; 18 U.S.C. $ 922(n) Indicted person in possession
of a firearm or ammunition; l8 U.S.C, 875 Transmitting threatening
communications; 18 U.S.C. g 371 Conspiracy; 18 U.S.C. ; Aiding and
abetting; and 21 U,S.C. $$ 846 Conspiracy to distribute a controlled
substance and 841(a)(1) possession with intent to distribute a
controlled substance; to include: Evidence of membership or affiliation
with the Mongols Motorcycle Club (MMC): to include any documents,
photographs, patches, drawings, writings, or objects depicting MMC
member’s names, initials, monikers, officer role, chapter assignment, or
any other item depicting potential gang membership, affiliation,
activity or identity;
“Rival motorcycle club lists or
photographs, “green light” lists, murder/assault lists, witness or
confidential informant lists, inmate lists, address and telephone number
lists, letters, law enforcement reports, judgments,
pre-sentencingreports, newspaper articles, computer generated reports or
printouts, legal documents, detention facility inmate number lists or
addresses for rival motorcycle clubs;
“Vests, patches, shirts, hats, or
similar items bearing the name, moniker, logo, or insignia of a
potential rival motorcycle club, that may have been acquired through
threats or violence;
“Firearms, magazines, and ammunition;
“Body armor, to include: ballistic vests, plates, panels or plate carriers;
“Controlled substances, drug packaging material, paraphernalia and scales;
“Controlled substances, drug packaging material, paraphernalia and scales;
“United States currency;
“Documentary evidence of drug
trafficking, to include records, receipts, notes, ledgers, money orders,
pre-paid money cards such as MoneyPak, Green Dot, Wal-Mart, or other:
debit cards and any documents relating to transporting, ordering,
purchasing or distributing drugs;
“Cellular telephones and other digital devices, such as computers, laptops, tablets, pDAs or similar electronic storage devices;
“Articles of property tending to
establish the identity of persons in control of premises, vehicles,
storage Eueas, and containers being searched, including utility company
receipts, rent receipts, addressed envelopes, and keys; and
“Safes, combination or key-lock strong
boxes or other secure storage containers, and types of locked or
containers, and hidden compartments that may contain any of the
foregoing. -“
The search warrants served last week
were clearly an intelligence gathering operation and whatever federal
police find will probably be presented to an already convened grand
jury. The key question right now seems to be how close the grand jury is
to an indictment.
