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Case 2:13-cr-00106-DOC Document 304 Filed 12/10/18 Page 1 of 4 Page ID #:2645

1 NICOLA T. HANNA
2 United States Attorney
LAWRENCE S. MIDDLETON
3 Assistant United States Attorney
4 Chief, Criminal Division
STEVEN R. WELK (Cal. Bar No. 149883)
5 Assistant United States Attorney
6 Chief, Asset Forfeiture Section
CHRISTOPHER BRUNWIN (Cal. Bar No. 158939)
7 Assistant United States Attorney
Violent and Organized Crime Section
8 1400 United States Courthouse
9 312 North Spring Street
Los Angeles, California 90012
10 Telephone: (213) 894-6166/4242
Facsimile: (213) 894-3713
11 E-mail: Steven.Welk@usdoj.gov
12 Christopher.Brunwin@usdoj.gov
13 Attorneys for Plaintiff
UNITED STATES OF AMERICA
14
15 UNITED STATES DISTRICT COURT
16 FOR THE CENTRAL DISTRICT OF CALIFORNIA
17 UNITED STATES OF AMERICA, ) No. CR 13-106(A)-DOC
)
18 Plaintiff, )
) PLAINTIFF’S MEMORANDUM RE
19 vs. ) FORFEITURE JURY
)
20 ) INSTRUCTION CONCERNING
MONGOL NATION, ) “PROPERTY SUBJECT TO
21 an unincorporated association, )
) FORFEITURE FOR RICO
22 Defendant. ) CONVICTION”
)
23 )
24
25 Plaintiff United States of America (“the government”) submits this
26 memorandum in an attempt to clarify its objection to the Court’s decision to omit
27 language that the government requested be included in the proposed forfeiture jury
28 instruction titled “Property Subject to Forfeiture for RICO Violation.”
1
Case 2:13-cr-00106-DOC Document 304 Filed 12/10/18 Page 2 of 4 Page ID #:2646

1 The Court ordered that the following language be excluded from the
2 instruction to be read to the jury as part of the criminal forfeiture phase of the trial
3 in the event of a conviction:
4
5 The law requires the forfeiture of interests to remove the sources of a
defendant’s power over the enterprise. Under this section, any
6 property interest or position of the defendant, either directly or
7 indirectly part of the enterprise, but which allows the defendant to
exert control or influence over the enterprise, may be forfeitable. Any
8 property that the defendant used to promote or further the affairs of
9 the enterprise, affords a source of influence over the enterprise and is,
10 therefore, subject to forfeiture. The government's right of forfeiture
includes defendant's entire interest in the enterprise, even though some
11 part of the enterprise may not be tainted by racketeering activity.
12
13 The forfeitability of a convicted RICO defendant’s entire interest in the
14 enterprise, regardless of taint, is a foundational aspect of RICO forfeiture law, for
15 which, to the government’s knowledge, there is no contrary authority. The
16 authority supporting this proposition is found in Supreme Court opinions and
17 opinions from no less than eight Circuit courts, including the Ninth. See, e.g.,
18 Russello v. United States, 464 U.S. 16, 26 (1983) (Congress enacted RICO “to
19 provide new weapons of unprecedented scope for an assault upon organized crime
20 and its economic roots”); United States v. Busher, 817 F.2d 1409, 1413 (9th Cir.
21 1987) (the forfeiture provisions of '1963 are “purposely broad . . .[,] designed to
22 totally separate a racketeer from the enterprise he operates”; “forfeiture is not
23 limited to those assets of a RICO enterprise that are tainted by use in connection
24 with racketeering activity, but rather extends to the convicted person’s entire
25 interest in the enterprise.”); United States v. Angiulo, 897 F.2d 1169, 1211 (1st Cir.
26 1990) (“any interests in an enterprise, including the enterprise itself, are subject to
27 forfeiture in their entirety, regardless of whether some portion of the enterprise is
28
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Case 2:13-cr-00106-DOC Document 304 Filed 12/10/18 Page 3 of 4 Page ID #:2647

1 not tainted by the racketeering activity”); United States v. Segal, 495 F.3d 826,
2 838-39 (7th Cir. 2007) (defendant’s entire interest in the enterprise is forfeitable
3 under § 1963(a)(2); if a business is forfeited, so are all of its assets, including any
4 subsidiary business that is wholly owned by the forfeited business; there need not
5 be an independent basis for the forfeiture of the wholly-owned subsidiary); United
6 States v. Sarbello, 985 F.2d 716, 724 & n.13 (3d Cir. 1993) (under RICO, 100
7 percent of a defendant’s interest in the enterprise is subject to forfeiture, even if
8 those “interests are acquired legitimately and the enterprise is primarily engaged in
9 legitimate activity”); United States v. Anderson, 782 F.2d 908, 918 (11th Cir.
10 1986) (“a defendant’s conviction under the RICO statute subjects all his interests
11 in the enterprise to forfeiture ‘regardless of whether those assets were themselves
12 ‘tainted’ by use in connection with the racketeering activity’”), relying upon
13 United States v. Cauble, 706 F.2d 1322, 1359 (5th Cir. 1983); United States v.
14 Porcelli, 865 F.2d 1352, 1364 (2d Cir. 1989) (“a RICO enterprise found in
15 violation of section 1962(c) is indivisible and is forfeitable in its entirety”); and
16 United States v. Najjar, 300 F.3d 466, 485 (4th Cir. 2002) (all of the assets of a
17 corporation convicted of a RICO offense are subject to forfeiture under section
18 1963). See also, United States v. BCCI Holdings (Luxembourg) S.A. (Petition of
19 Pacific Bank), 956 F. Supp. 5, 12 (D.D.C. 1997) (even untainted property received
20 by the enterprise after the racketeering activity had ceased is subject to forfeiture
21 under subsection (a)(2)(A) because “all of a RICO defendant’s interests in an
22 enterprise, including the enterprise itself, are subject to forfeiture in their entirety,
23 regardless of whether some portion of the enterprise is untainted by racketeering
24 activity”).
25 The government contends that the jury should be instructed on the full reach
26 of the RICO criminal forfeiture provision – i.e., that it extends to the convicted
27 defendant’s interest in the entirety of the enterprise - and believes that the
28 instruction in its current form does not accurately reflect the state of applicable
3
Case 2:13-cr-00106-DOC Document 304 Filed 12/10/18 Page 4 of 4 Page ID #:2648

1 law. On that basis, the government respectfully requests that the quoted language
2 above be restored to the proposed instruction.
3
4 DATED: December 10, 2018 NICOLA T. HANNA
United States Attorney
5 LAWRENCE S. MIDDLETON
6 Assistant United States Attorney
Chief, Criminal Division
7
8 /s/ Steven R. Welk
STEVEN R. WELK
9 CHRISTOPHER BRUNWIN
Assistant United States Attorneys
10
11 Attorneys for Plaintiff
UNITED STATES OF AMERICA
12
13
14
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Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 1 of 18 Page ID #:2652

1
2
3
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5
6
7
8
9
UNITED STATES DISTRICT COURT
10
FOR THE CENTRAL DISTRICT OF CALIFORNIA
11
UNITED STATES OF AMERICA, No. CR 13-106(A)-DOC
12
Plaintiff, SPECIAL VERDICT FORM
13
v. (FORFEITURE)
14
MONGOL NATION,
15 an unincorporated association,
16 Defendant.
17
18
19 We, the jury in the above-captioned case, present the following unanimous
20 verdict.
21
22
23
24
25
26
27
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Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 2 of 18 Page ID #:2653

1 Following the guilty verdict against Defendant Mongol Nation on Counts One and
2 Two of the First Superseding Indictment (“FSI”), the government seeks forfeiture of the
3 following property:
4
5 COUNT ONE
6 The “Word Mark”
7 Any and all legal and equitable rights of any kind or nature associated with or
8 appurtenant to the Collective Membership Mark consisting of the word “Mongols” (the
9 “Word Mark”).
10 1. Do you unanimously find by the preponderance of the evidence that this
11 property is subject to forfeiture?
12
13
YES □ NO □
14 Please proceed to Question 2.
15
16 The “Center Patch Image” Mark
17 Any and all legal and equitable rights of any kind or nature associated with or
18 appurtenant to the Collective Membership Mark consisting of the drawn image of a
19 Genghis Khan-type character with sunglasses and a ponytail, riding a motorcycle, with
20 the letters “M.C.” appearing below the motorcycle (the “Center Patch Image”).
21 2. Do you unanimously find by a preponderance of the evidence that this
22 property is subject to forfeiture?
23
24
YES □ NO □
25 Please proceed to Question 3.
26
27
28

2
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 3 of 18 Page ID #:2654

1 The “Combined Mark”


2 Any and all legal and equitable rights of any kind or nature associated with or
3 appurtenant to the Collective Membership Mark consisting of both the Word Mark
4 (“Mongols”) and the Center Patch Image (“Combined Mark”).
5 3. Do you unanimously find by a preponderance of the evidence that this
6 property is subject to forfeiture?
7
8
YES □ NO □
9 Please proceed to Question 4.
10
11 Seized Personal Property Bearing the Marks
12 The United States has, in its custody, certain items of personal property that were
13 seized by state, local or federal law enforcement agencies as a result of the investigation
14 by the United States Bureau of Alcohol, Tobacco, Firearms & Explosives into the
15 racketeering and overt acts alleged in the FSI. For any of these items, listed by category
16 below, that bear the Word Mark (“Mongols”) and/or all or part of the Center Patch
17 Image, answer the following question:
18 4. Do you unanimously find by a preponderance of the evidence that this
19 property is subject to forfeiture?
20 a. Vests, or “Cuts.”
21
22
YES □ NO □
23 b. Patches.
24
25
YES □ NO □
26 c. Clothing.
27
28
YES □ NO □

3
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 4 of 18 Page ID #:2655

1 d. Belts.
2
3
YES □ NO □
4 e. Belt buckles.
5
6
YES □ NO □
7 f. Jewelry.
8
9
YES □ NO □
10 g. Lighters.
11
12
YES □ NO □
13 h. Bags or other storage devices.
14
15
YES □ NO □
16 i. Bandanas.
17
18
YES □ NO □
19 j. Stickers.
20
21
YES □ NO □
22 k. Flags or pennants.
23
24
YES □ NO □
25 l. Hats.
26
27
YES □ NO □
28

4
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 5 of 18 Page ID #:2656

1 m. Helmets.
2
3
YES □ NO □
4 n. Notebooks.
5
6
YES □ NO □
7 o. Documents.
8
9
YES □ NO □
10 p. Accessories.
11
12
YES □ NO □
13 q. Motorcycle parts.
14
15
YES □ NO □
16 Please proceed to Question 5.
17
18 Items in Evidence
19 During the course of this trial, body armor, firearms and ammunition were entered
20 into evidence. The United States seeks to forfeit these items, which are listed below.
21 For each of the listed items, answer the following question:
22 5. Do you unanimously find by a preponderance of the evidence, that the item
23 is subject to forfeiture?
24 Cavazos Seizure
25 a. One Kel-Tec Rifle, Serial No. N5052 (Exhibit 162)
26
27
YES □ NO □
28

5
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 6 of 18 Page ID #:2657

1 b. One Mini 30 Semi-automatic Rifle, Serial No. 197-09346 (Exhibit


2 163)
3
4
YES □ NO □
5 c. One Beretta Semi-automatic Handgun, Serial No. 098560MC
6 (Exhibit 164)
7
8
YES □ NO □
9 d. One Marlin Rifle, Serial No. 93448421 (Exhibit 165)
10
11
YES □ NO □
12 e. One Mossberg Shotgun, Serial No. K419567 (Exhibit 166)
13
14
YES □ NO □
15 f. One US Carbine Rifle, Serial No. AA66083 (Exhibit 167)
16
17
YES □ NO □
18 g. One Kel-Tec Rifle, Serial No. N4M46 (Exhibit 168)
19
20
YES □ NO □
21 h. One FireStorm Semi-automatic Handgun, Serial No. 71-04-09140-02
22 (Exhibit 170)
23
24
YES □ NO □
25 i. One Para-Ordnance Warthog Semi-automatic Handgun, Serial No.
26 P162909 (Exhibit 171)
27
28
YES □ NO □

6
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 7 of 18 Page ID #:2658

1 j. One Taurus Semi-automatic Handgun, Serial No. TVI66551 (Exhibit


2 172)
3
4
YES □ NO □
5 k. One Sig Sauer Semi-automatic Handgun, Serial No. G343763
6 (Exhibit 173)
7
8
YES □ NO □
9 l. One Colt Semi-automatic Handgun, Serial No. 15829B70 (Exhibit
10 174)
11
12
YES □ NO □
13 m. One Taurus Semi-automatic Handgun, Serial No. TJH52492 (Exhibit
14 175)
15
16
YES □ NO □
17 n. One Arminius Revolver in Blue Steel, Serial No. 0523545 (Exhibit
18 176)
19
20
YES □ NO □
21 o. One Smith & Wesson Revolver, Serial No. BBT4960 (Exhibit 177)
22
23
YES □ NO □
24 p. 110 Rounds of 7.62mm Ammunition (Exhibits 180, 194 and 199)
25
26
YES □ NO □
27 q. 11 Rounds of .38 Caliber Ammunition (Exhibits 187 and 189)
28
YES □ NO □
7
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 8 of 18 Page ID #:2659

1 r. 60 Rounds of .223 Caliber Ammunition (Exhibits 186, 191 and 199)


2
3
YES □ NO □
4 s. 42 Rounds of .45 Caliber Ammunition (Exhibits 188, 193, 195 and
5 197)
6
7
YES □ NO □
8 t. 35 Rounds of 9mm Ammunition (Exhibits 190 and 196)
9
10
YES □ NO □
11 u. 19 Rounds of .30 Caliber Ammunition (Exhibit 192)
12
13
YES □ NO □
14 v. 49 Rounds of .22 Caliber Ammunition (Exhibits 198 and 199)
15
16
YES □ NO □
17 w. 120 Rounds of 5.56mm Ammunition (Exhibit 199)
18
19
YES □ NO □
20 x. 3 Pieces of Concealable Body Armor (Exhibits 183, 184 and 185)
21
22
YES □ NO □
23 Wilmington Shooting
24 y. One Semi-Automatic Rifle, Serial No. 89200042 (Exhibit 155)
25
26
YES □ NO □
27
28

8
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 9 of 18 Page ID #:2660

1 z. One Winchester 12 Gauge Shotgun, Serial No. L2345396 (Exhibit


2 156)
3
4
YES □ NO □
5 aa. One .25 Caliber Handgun, Serial No. U020505 (Exhibit 157)
6
7
YES □ NO □
8 bb. One Springfield .40 Caliber Handgun, Serial No. US246381 (Exhibit
9 158)
10
11
YES □ NO □
12 cc. One Uzi Assault Rifle, Serial No. SA66483 (Exhibit 159)
13
14
YES □ NO □
15 dd. Five 12 Gauge Shotgun Shells (Exhibit 160)
16
17
YES □ NO □
18 ee. 249 Rounds of .40 Caliber Ammunition (Exhibits 205 and 206)
19
20
YES □ NO □
21 ff. 23 Rounds of .25 Caliber Ammunition (Exhibit 204)
22
23
YES □ NO □
24 gg. 17 Rounds of 7.62mm Ammunition (Exhibit 161)
25
26
YES □ NO □
27 hh. 34 Rounds of .44 Caliber Ammunition (Exhibit 205)
28
YES □ NO □
9
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 10 of 18 Page ID #:2661

1 ii. 49 Rounds of 10mm Ammunition (Exhibit 205)


2
3
YES □ NO □
4 jj. Rounds of 9mm Ammunition (Exhibit 203)
5
6
YES □ NO □
7 Nicola’s Shooting
8 kk. One Baikal Pistol, Serial No. G020976-BTM9983 (Exhibit 79)
9
10
YES □ NO □
11 Please proceed to Question 6.
12
13 COUNT TWO
14 The “Word Mark”
15 Any and all legal and equitable rights of any kind or nature associated with or
16 appurtenant to the Collective Membership Mark consisting of the word “Mongols” (the
17 “Word Mark”).
18 6. Do you unanimously find by a preponderance of the evidence that this
19 property is subject to forfeiture?
20
21
YES □ NO □
22 Please proceed to Question 7.
23
24 The “Center Patch Image” Mark
25 Any and all legal and equitable rights of any kind or nature associated with or
26 appurtenant to the Collective Membership Mark consisting of the drawn image of a
27 Genghis Khan-type character with sunglasses and a ponytail, riding a motorcycle, with
28 the letters “M.C.” appearing below the motorcycle (the “Center Patch Image”).

10
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 11 of 18 Page ID #:2662

1 7. Do you unanimously find by a preponderance of the evidence that this


2 property is subject to forfeiture?
3
4
YES □ NO □
5 Please proceed to Question 8.
6
7 The “Combined Mark”
8 Any and all legal and equitable rights of any kind or nature associated with or
9 appurtenant to the Collective Membership Mark consisting of both the Word Mark
10 (“Mongols”) and the Center Patch Image (“Combined Mark”).
11 8. Do you unanimously find by a preponderance of the evidence that this
12 property is subject to forfeiture?
13
14
YES □ NO □
15 Please proceed to Question 9.
16
17 Seized Personal Property Bearing the Marks
18 The United States has, in its custody, certain items of personal property that were
19 seized by state, local or federal law enforcement agencies as a result of the investigation
20 by the United States Bureau of Alcohol, Tobacco, Firearms & Explosives into the
21 racketeering and overt acts alleged in the FSI. For any of these items, listed by category
22 below, that bear the Word Mark (“Mongols”) and/or all or part of the Center Patch
23 Image, answer the following question:
24 9. Do you unanimously find by a preponderance of the evidence that this
25 property is subject to forfeiture?
26 a. Vests, or “Cuts.”
27
28
YES □ NO □

11
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 12 of 18 Page ID #:2663

1 b. Patches.
2
3
YES □ NO □
4 c. Clothing.
5
6
YES □ NO □
7 d. Belts.
8
9
YES □ NO □
10 e. Belt buckles.
11
12
YES □ NO □
13 f. Jewelry.
14
15
YES □ NO □
16 g. Lighters.
17
18
YES □ NO □
19 h. Bags or other storage devices.
20
21
YES □ NO □
22 i. Bandanas.
23
24
YES □ NO □
25 j. Stickers.
26
27
YES □ NO □
28

12
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 13 of 18 Page ID #:2664

1 k. Flags or pennants.
2
3
YES □ NO □
4 l. Hats.
5
6
YES □ NO □
7 m. Helmets.
8
9
YES □ NO □
10 n. Notebooks.
11
12
YES □ NO □
13 o. Documents.
14
15
YES □ NO □
16 p. Accessories.
17
18
YES □ NO □
19 q. Motorcycle parts.
20
21
YES □ NO □
22 Please proceed to Question 10.
23
24 Items in Evidence
25 During the course of this trial, body armor, firearms and ammunition were entered
26 into evidence. The United States seeks to forfeit these items, which are listed below.
27 For each of the listed items, answer the following question:
28

13
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 14 of 18 Page ID #:2665

1 10. Do you unanimously find by a preponderance of the evidence, that the item
2 is subject to forfeiture?
3 Cavazos Seizure
4 a. One Kel-Tec Rifle, Serial No. N5052 (Exhibit 162)
5
6
YES □ NO □
7 b. One Mini 30 Semi-automatic Rifle, Serial No. 197-09346 (Exhibit
8 163)
9
10
YES □ NO □
11 c. One Beretta Semi-automatic Handgun, Serial No. 098560MC
12 (Exhibit 164)
13
14
YES □ NO □
15 d. One Marlin Rifle, Serial No. 93448421 (Exhibit 165)
16
17
YES □ NO □
18 e. One Mossberg Shotgun, Serial No. K419567 (Exhibit 166)
19
20
YES □ NO □
21 f. One US Carbine Rifle, Serial No. AA66083 (Exhibit 167)
22
23
YES □ NO □
24 g. One Kel-Tec Rifle, Serial No. N4M46 (Exhibit 168)
25
26
YES □ NO □
27
28

14
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 15 of 18 Page ID #:2666

1 h. One FireStorm Semi-automatic Handgun, Serial No. 71-04-09140-02


2 (Exhibit 170)
3
4
YES □ NO □
5 i. One Para-Ordnance Warthog Semi-automatic Handgun, Serial No.
6 P162909 (Exhibit 171)
7
8
YES □ NO □
9 j. One Taurus Semi-automatic Handgun, Serial No. TVI66551 (Exhibit
10 172)
11
12
YES □ NO □
13 k. One Sig Sauer Semi-automatic Handgun, Serial No. G343763
14 (Exhibit 173)
15
16
YES □ NO □
17 l. One Colt Semi-automatic Handgun, Serial No. 15829B70 (Exhibit
18 174)
19
20
YES □ NO □
21 m. One Taurus Semi-automatic Handgun, Serial No. TJH52492 (Exhibit
22 175)
23
24
YES □ NO □
25 n. One Arminius Revolver in Blue Steel, Serial No. 0523545 (Exhibit
26 176)
27
28
YES □ NO □

15
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 16 of 18 Page ID #:2667

1 o. One Smith & Wesson Revolver, Serial No. BBT4960 (Exhibit 177)
2
3
YES □ NO □
4 p. 110 Rounds of 7.62mm Ammunition (Exhibits 180, 194 and 199)
5
6
YES □ NO □
7 q. 11 Rounds of .38 Caliber Ammunition (Exhibits 187 and 189)
8
9
YES □ NO □
10 r. 60 Rounds of .223 Caliber Ammunition (Exhibits 186, 191 and 199)
11
12
YES □ NO □
13 s. 42 Rounds of .45 Caliber Ammunition (Exhibits 188, 193, 195 and
14 197)
15
16
YES □ NO □
17 t. 35 Rounds of 9mm Ammunition (Exhibits 190 and 196)
18
19
YES □ NO □
20 u. 19 Rounds of .30 Caliber Ammunition (Exhibit 192)
21
22
YES □ NO □
23 v. 49 Rounds of .22 Caliber Ammunition (Exhibits 198 and 199)
24
25
YES □ NO □
26 w. 120 Rounds of 5.56mm Ammunition (Exhibit 199)
27
28
YES □ NO □

16
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 17 of 18 Page ID #:2668

1 x. 3 Pieces of Concealable Body Armor (Exhibits 183, 184 and 185)


2
3
YES □ NO □
4 Wilmington Shooting
5 y. One Semi-Automatic Rifle, Serial No. 89200042 (Exhibit 155)
6
7
YES □ NO □
8 z. One Winchester 12 Gauge Shotgun, Serial No. L2345396 (Exhibit
9 156)
10
11
YES □ NO □
12 aa. One .25 Caliber Handgun, Serial No. U020505 (Exhibit 157)
13
14
YES □ NO □
15 bb. One Springfield .40 Caliber Handgun, Serial No. US246381 (Exhibit
16 158)
17
18
YES □ NO □
19 cc. One Uzi Assault Rifle, Serial No. SA66483 (Exhibit 159)
20
21
YES □ NO □
22 dd. Five 12 Gauge Shotgun Shells (Exhibit 160)
23
24
YES □ NO □
25 ee. 249 Rounds of .40 Caliber Ammunition (Exhibits 205 and 206)
26
27
YES □ NO □
28

17
Case 2:13-cr-00106-DOC Document 306 Filed 12/11/18 Page 18 of 18 Page ID #:2669

1 ff. 23 Rounds of .25 Caliber Ammunition (Exhibit 204)


2
3
YES □ NO □
4 gg. 17 Rounds of 7.62mm Ammunition (Exhibit 161)
5
6
YES □ NO □
7 hh. 34 Rounds of .44 Caliber Ammunition (Exhibit 205)
8
9
YES □ NO □
10 ii. 49 Rounds of 10mm Ammunition (Exhibit 205)
11
12
YES □ NO □
13 jj. Rounds of 9mm Ammunition (Exhibit 203)
14
15
YES □ NO □
16 Nicola’s Shooting
17 kk. One Baikal Pistol, Serial No. G020976-BTM9983 (Exhibit 79)
18
19
YES □ NO □
20
21 ____________________ ______________________________
22 DATED FOREPERSON

23
24
25
26
27
28

18
Case 2:13-cr-00106-DOC Document 305 Filed 12/10/18 Page 1 of 3 Page ID #:2649

Joseph A. Yanny, Esq. (SBN 97979)


1
Charles Cardinal, Esq. (SBN 322991)
2 YANNY & SMITH
1801 Century Park East, Suite 2400
3 Los Angeles, California 90067
4 Telephone: (310) 551-2966
Facsimile: (310) 551-1949
5 jyanny@yannylaw.com
6
Attorneys for Defendant,
7 Mongols Nation

8
9 UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
10
11
) Case No.: CR 13 00106 DOC
12
United States of America )
13 Plaintiff, ) DEFENDANT’S OBJECTION TO
14 ) GOVERNMENT’S JURY
vs. ) INSTRUCTION REQUEST RE
15 ) “PROPERTY SUBJECT TO
16 ) FORFEITURE FOR RICO
Mongols Nation, ) CONVICTION”
17 Defendant. )
18 ) Courtroom: 9D
) Judge: Honorable David O. Carter
19
20
21
22
23
24
25
26
27
28
29
30
31 1
32 Defendant’s Objection to Government’s Jury Instruction Request
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Case 2:13-cr-00106-DOC Document 305 Filed 12/10/18 Page 2 of 3 Page ID #:2650

On December 10, 2018, the government filed a memorandum in an attempt to clarify its objection
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2 to the Court’s decision to omit language that the government requested be included in the proposed

3 forfeiture jury instruction titled “Property Subject to Forfeiture for RICO Violation.” See Dkt. 304.
4 The Court ordered that the following language be excluded from the instruction to be read to the
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jury as part of the criminal forfeiture phase of the trial in the event of a conviction:
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The law requires the forfeiture of interests to remove the sources of a
7 defendant’s power over the enterprise. Under this section, any
8 property interest or position of the defendant, either directly or
indirectly part of the enterprise, but which allows the defendant to
9 exert control or influence over the enterprise, may be forfeitable. Any
property that the defendant used to promote or further the affairs of
10 the enterprise, affords a source of influence over the enterprise and is,
11 therefore, subject to forfeiture. The government's right of forfeiture
includes defendant's entire interest in the enterprise, even though some
12 part of the enterprise may not be tainted by racketeering activity.
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14 The government is requesting the Court to change its mind on a jury instruction it has already

15 delivered a ruling and restore language that the Court previously decided to omit.
16 Defendant hereby object to the government’s request for two simple reasons. First, there has
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already been a ruling on this matter. The Court offered both parties an equal opportunity to be heard. The
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government had its chance to raise whatever arguments and concerns it might have with this jury
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20 instruction both informally as well as formally on the record. The government voiced its opinion on the

21 matter and the Court took that into account when reaching its decision. There is no need to re-litigate an
22 issue that was already argued and decided upon by the Court. The Court’s rulings should be treated with
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respect and finality – not viewed as a mere whim that can be changed after the fact.
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Second, the proposed language by the government is not from a model instruction. It was created
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26 entirely from the minds of the prosecution to further their own agenda and is therefore argumentative.

27 The Court wisely recognized this and ruled to omit the language for that very reason. The government
28 filing a request for the Court to reconsider does not solve this problem at all. The language remains
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32 Defendant’s Objection to Government’s Jury Instruction Request
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Case 2:13-cr-00106-DOC Document 305 Filed 12/10/18 Page 3 of 3 Page ID #:2651

argumentative and in accordance with no model instruction. For these reasons, defendant objects to the
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2 government’s request and urges the Court to maintain its previous ruling.

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7 Respectfully submitted,

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Dated: Dec 10, 2018 By: /s/ Joseph A. Yanny
9 JOSEPH A. YANNY
10 YANNY & SMITH
Attorneys for Defendant, Mongols Nation
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32 Defendant’s Objection to Government’s Jury Instruction Request
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