California: Judge frustrates feds – Nullifies jury verdict forcing Mongols biker gang to forfeit trademarked logo

In this Oct. 21, 2008 file photo, Los Angeles County Sheriff Lee Baca, at podium, speaks during a news conference in Los Angeles with the trademarked Mongols logo seen on a motorcycle at right. A California federal judge has refused to order the Mongols motorcycle gang to forfeit its trademarked logo, delivering a blow to prosecutors. U.S. District Court Judge David O. Carter said Thursday, Feb. 28, 2019, that such an order would have been unconstitutional. (AP Photo/Ric Francis, File)

By BRIAN MELLEY,  Associated Press  LOS ANGELES (AP) 02/28 — A California judge delivered a blow Thursday to a decade-long effort by federal prosecutors to strip the Mongols motorcycle gang of its trademarked logo, ruling such a move would be unconstitutional.

U.S. District Court Judge David O. Carter in Santa Ana nullified a first-of-its-kind jury verdict that would have given the government control of the logo of a Mongol warrior astride a chopper-style motorcycle and two other trademarks.

Ordering forfeiture of the trademarks would violate the First Amendment rights to freedom of association and Eighth Amendment protections against excessive penalties, Carter said.

“The collective membership mark acts as a symbol that communicates a person’s association with the Mongol Nation, and his or her support for their views,” Carter wrote. “Though the symbol may at times function as a mouthpiece for unlawful or violent behavior, this is not sufficient to strip speech of its First Amendment protection.”

Mongols’ attorney Joe Yanny said the ruling was a big deal for the bikers and he criticized prosecutors for wasting millions of dollars chasing “an impossible dream by some government guy who had no respect for the constitutional rights he might be trampling.”

“It’s an attempt at collective guilt, which has never been the law here in this country,” Yanny said. “You don’t hold people guilty or punish folks simply because they know people that may be related in some fashion to people who are alleged to have done something wrong.”

In this Tuesday, Oct. 21, 2008 file photo, U.S. Attorney Thomas P. O’Brien, right, speaks during a news conference in Los Angeles about the arrest of several Mongol motorcycle gang members in six states, as a vest with the Mongols logo is displayed. A California federal judge has refused to order the Mongols motorcycle gang to forfeit its trademarked logo, delivering a blow to prosecutors. U.S. District Court Judge David O. Carter said Thursday, Feb. 28, 2019, that such an order would have been unconstitutional. (AP Photo/Ric Francis, File)

 

Prosecutors were disappointed with the ruling and may appeal, said Thom Mrozek, spokesman for the U.S. attorney.

Prosecutors had successfully argued before a jury that the logo was core to the identity of the Los Angeles area-based gang responsible for drug dealing, beatings and murder. They argued that bikers wore the badges like armor to intimidate.

The January verdict appeared to conclude a 10-year quest that began after agents with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives infiltrated the gang and 77 members were convicted of racketeering.

In January, the jury found the Mongol Nation entity guilty of racketeering and said the group’s trademarked patches could be forfeited.

While Carter affirmed the convictions, which could carry fines at sentencing in April, he refused to give prosecutors what they had long sought.

In announcing charges in 2008, prosecutors said a forfeiture order would allow any law enforcement officer to stop a gang member and “literally take the jacket right off his back.”

Prosecutors appeared to dial back that assertion, claiming in court papers that forfeiture was “merely a procedural step divesting the Mongol Nation of its legal rights to enforce exclusive use of the symbols.” But Carter dismissed that argument as disingenuous.

“The government has lost credibility when it now suggests the sole purpose of more than a decade of prosecution is only to limit the Mongol Nation’s ability to bring infringement lawsuits against other entities,” Carter wrote.

Marsha Gentner, a trademark lawyer in Washington, said she was puzzled by what the government hoped to accomplish.

Under trademark law, the U.S. could prevent others from using the Mongol’s logos or name. They could potentially auction the rights to the trademark, though it was questionable who pay for it. If they did nothing with the trademark, it would eventually be considered abandoned and someone else could snap it up.

“This whole idea of seizing the mark,” Gentner said, “it just was not well thought out.”

The Mongols was founded in a Los Angeles suburb in 1969. The group is estimated to have more than 1,000 riders in chapters worldwide.

Yanny described the Mongols as a club that doesn’t tolerate criminal activity. He said the government targeted the group because of its large Mexican-American population.

Former pro wrestler and Minnesota Gov. Jesse Ventura testified for the defense, saying he neither committed crimes nor was told to do so when he was a Mongol in the 1970s.

Prosecutors won the convictions after detailing violence that included the killing of a Hells Angels leader in San Francisco, a Nevada brawl in 2002 that left members of both clubs dead, and the killing of a Pomona policeman while raiding the home of a Mongols member in 2014.

 

https://www.apnews.com/d26a8da642014a6c9888f070d015fee5

Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Posted in: Appeals, Court Rulings, Courts & Trials, Crime & Criminals, Dept. of Justice, Gangs, Illegal Activities, Lawsuits, Strange and Unusual, Verdicts

Leave a Reply

Your email address will not be published. Required fields are marked *

4 + thirteen =

Terms of Use for Posting Comments

Terms of Use

This site (the “Site”) is operated and maintained by Law Enforcement Education Foundation, Corporation (“Company”). Throughout the Site, the terms “we”, “us” and “our” refer to Company.  The words “user,” “you” and “your” as used herein refer to you.

Please read these terms and conditions of use (“Terms of Use”) carefully before contributing content. If you do not agree to these Terms of Use, please do not contribute content. Your use of the Site is subject to the Terms and Conditions found here .

By contributing content to the Site, you represent and warrant that you are at least eighteen (18) years old and that you have read and understand these Terms of Use and any amendments thereto and agree to be bound by them. If you are not at least eighteen (18) years old or you do not agree and accept these Terms of Use, you are prohibited from contributing content.

From time to time, we may permit users to submit content to the Site.  You hereby acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than personal information and/or registration information) through the Site (individually and collectively, “Submissions”), you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created, without attribution to you; (ii) grant us the right to pursue at law any person or entity that violates your and/or our rights in your Submissions; and (iii) forever waive any and all of your rights, including but not limited to moral rights, if any, in and to your Submissions, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the Submission or any derivative thereof.  We reserve the right to remove any of your Submissions from the Site, in whole or in part, without notice to you, for any reason or no reason.

Submissions are made voluntarily. Any submissions which include personally identifiable information are subject to our Privacy Policy found here .  You may not upload or otherwise publish content on the Site that (i) is confidential to you or any third party; (ii) is untrue, inaccurate, false or other than an original work of your authorship; (iii) that relates to or impersonates any other person; (iv) violates the copyright, trademark, patent or other intellectual property rights of any person or entity; (v) contains any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which the Submission relates; or (vi) violates any law, or in any manner infringes or interferes with the rights of others, including but not limited to the use of names, information, or materials that (A) libel, defame, or invade the privacy of any third party, (B) are obscene or pornographic, (C) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (D) constitute personal attacks on other individuals; (E) promote criminal, immoral or illegal activity; (F) promote or advertise any person, product or service or solicit funds; or (G) are deemed confidential by any contract or policy.

You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.

Unless approved by us in writing in advance, you agree not to: (i) provide or create a link to the Site; or (ii) create any frames at any other sites pertaining to any of the content located on the Site.

We reserve the right, in our discretion, to update, change or replace any part of these Terms of Use for Posting Comments by posting updates and/or changes to our Site.  It is your responsibility to check this page periodically for changes.  Your continued use of, and/or access to the Site, following the posting of any changes to these Terms of Use for Posting Comments, constitutes your acceptance of those changes.