United States v. Mongol Nation

370 F. Supp. 3d 1090 (2019) United States District Court for the Central District of California 2019-02-28

criminal; post-trial order after jury convicted the Mongol Nation of substantive RICO and RICO conspiracy; district court denied the Rule 29 and Rule 33 motions (convictions stand) and denied, on First and Eighth Amendment grounds, a preliminary order under 18 U.S.C. § 1963 forfeiting the club's collective membership marks (result: claimant-won)

Facts

  1. 1 Culpable person (§ 1961(3)) distinct from the enterprise under (c) satisfied proved
    Consistent with the Ninth Circuit's previous ruling in this case, the evidence demonstrated that the Mongol Nation is distinct from the Mongol Gang; and the Mongol Nation is legally capable of committing the underlying RICO acts.
  2. 1 Culpable person (§ 1961(3)) distinct from the enterprise under (c) satisfied proved
    Mongol Nation was alleged to be part of a larger whole, the Mongols Gang, which is comprised of additional individuals who together form the alleged enterprise