United States v. Mongol Nation

ORDER RE: RENEWED MOTION TO DISMISS THE INDICTMENT AND FOR SANCTIONS [105]

Before the Court is Defendant’s Renewed Motion to Dismiss the Indictment (Dkt. 105).

I. Background

Defendant Mongol Nation is an unincorporated association of “full patched” members of the “Mongols Outlaw Motorcycle Gang” (the “Mongols Gang”). Indictment (Dkt. 1) ¶¶ 1, 10-12, 36. The Mongols Gang has a national presence, with 68 identified chapters, most of which are located in Southern California, where approximately 400 full patched members reside. Id. ¶¶ 3, 9. The Government contends Defendant participated in and conducted the affairs of the Mongols Gang, including, among other acts, “murder, conspiracy to commit murder, attempted murder, conspiracy to traffic in narcotics, nareotics-traffieking, robbery, extortion, money laundering, and witness intimidation.” Id. ¶¶ 1, 35.

On February 13, 2013, following criminal proceedings against 79 individual members of the Mongols Gang, a grand jury indicted Defendant on two counts: racketeering in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962 (c); and racketeering conspiracy in violation of RICO, 18 U.S.C. §…