Mongols Beat the Government

[ad#MotoBanner]

I don’t hold any particular brief for Motorcycle “Clubs” like the Angels or the Mongols, but it’s nice to see the government slapped down when it goes a little too far.

Mongols Patch
Mongols Patch

The U.S. Government has been going after the Mongols for a while–and the Mongols do have some unsavory characters in their membership.  But the government didn’t just go after individuals, they went after the club’s logo.  Under RICO, they tried to strip the Mongols of their logo, and make it the property of the government. After getting a preliminary ruling allowing them to do so, the Feds have being going into private property of American citizens to confiscate patches, breaking into cars and homes to do so.

But, they got that slapped down in Federal Court.  Judge Florence-Marie Cooper has ruled that a) the government can’t take the trademark, and b) even if they could, they have no right to go around confiscating patches or other items containing the mark from private citizens who are not under indictment.

…even if the Court were to assume that the collective membership mark is subject to forfeiture, the Court finds no statutory authority to seize property bearing the mark from third parties…. only defendants’ interests in the RICO enterprise and the proceeds from their racketeering activity are subject to forfeiture.

So, the Mongols get to keep their patch, and the Feds have to stop making searches and seizures on the basis of merely possessing it.

Author: Dale Franks

Dale Franks is the former host of The Business Day, ”a daily, four-hour business and financial news program on KMNY Radio in Los Angeles. From 2002-2004, he was a contributor on military and international affairs for TechCentralStation.com. Currently, he a publisher and editor of the monthly political journal The New Libertarian, as well as an editor of the popular web log, Q and O. Dale served as a military police officer in the United States Air Force from 1984 to 1993, in variety of assignments both in the United States and Europe, where he also was assigned to the staff of the Headquarters of Allied Forces Central Europe. In addition to broadcasting, writing, and speaking on various topics, Dale has also been a long-time technical training instructor on a variety of computer software and technology subjects. Dale has also long been involved with information technology as an accomplished web designer, programmer, and technologist, serving as the corporate knowledge specialist for Microsoft Outlook at SAIC, the nation's largest employee-owned corporation. Additionally, he is the author of a number of software user guides used for classroom training by one of Southern California’'s premier computer training and consulting firms. His book, SLACKERNOMICS: Basic Economics for People Who Find Economics Boring, is available from Barnes & Noble.

1 thought on “Mongols Beat the Government”

  1. There was no way this was going to work. Now come the law suits, and that is going to cost that bankrupt city a fourtune.

Comments are closed.