United States v. Mongol Nation — 370 F. Supp. 3d 1090 (2019) · United States District Court for the Central District of California · 2019

Role: applied; posture: 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; claim: (c), (d)

Uncertainty

opinion: IR text is capped at 60000 chars and ends inside section III.A (First Amendment); sections III.B-C (distinctness, capacity, sufficiency of the racketeering acts) are not in the text

Element person: other: the only quotable fact is the indictment theory the Ninth Circuit sustained on the pleadings; the court says the trial evidence bore it out, but its discussion of that evidence lies beyond the 60000-char cap

Misfit

The forfeiture rulings (18 U.S.C. § 1963; First Amendment; Excessive Fines Clause), which occupy most of the available text and on which the Government lost, are outside § 1962 and are not recorded. The jury's pattern findings (five racketeering acts proved, three not proved) are reported but the court's review of them is beyond the text cap.