The Imminent Mongols Indictment

OFF THE WIRE
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 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;

“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.