tag:blogger.com,1999:blog-88007320274388507362024-03-04T23:53:34.545-08:00Feds Gone Bad...Do you want to know the truth on what your government is really up to? This blog illustrates the illegal techniques deployed by Federal and State law enforcement agents and government prosecutors. The authors of this blog are members of an elite one-percenter motorcycle club whose lifestyle is driven by a deep sense of honor and individual responsibility. George Orwell wrote what bears repeating here: The further a society drifts from the truth, the more it will hate those that speak it.Unknownnoreply@blogger.comBlogger8125tag:blogger.com,1999:blog-8800732027438850736.post-59564986459875195842020-06-22T05:55:00.130-07:002020-08-24T04:41:36.180-07:00MAYHEM, MURDER, AND COVER-UPS: The Ugly Truth About ATF's Undercover Operations & Infiltrators Targeting Motorcycle Clubs (Part II)<h1 style="text-align: left;"></h1><h2 style="text-align: left;"><span style="font-size: x-large;"><font face="georgia">June 17, 2020<br /></font><font face="georgia">By the One Percenters</font></span></h2><font face="georgia"><br /></font><font face="inherit"><div style="text-align: center;">"If it walks like a duck, looks like a duck, and quacks like a duck, then it's a duck, even if the government chooses to label it a cow."</div></font><div><div style="text-align: center;"><span style="font-family: inherit;"><br /></span></div><span style="font-family: inherit;"><font><div style="text-align: center;">—unknown author </div><br /> Part I of this conscience-shocking, true account, took you behind the scenes and exposed the criminal realities of the objects and purposes of the"nongovernmental enterprise" known as the Midwest Cycle Intelligence Organization ("MCIO"). So where does its funding come from for long-term infiltration, informants, communications, transportation, planning, coordinating, record-keeping, and carrying out the means and methods of the MCIO? It's actually an ingenious scheme because while each and every operative is being paid and funded by his (or her) respective "governmental" agency, whether it be ATF, FBI, DOJ, state or local law enforcement, MCIO collaborators are simultaneously and secretly conducting the affairs of the MCIO. <br /><br /> In the end, it is the taxpayers that pay the bill for this sophisticated vigilante ring. But wait, if you file a FOIA request for records created by ATF agents that are acting contemporaneously as covert operatives of the MCIO, according to ATF's Chicago Field Division, and ATF's Disclosure Division in Washington, DC, "the MCIO is an independent organization and ATF maintains no files" created by its own agents acting under the guise of "that organization." This gives the MCIO free rein to conceal all of its corrupt methods.<br /> <br /></font><span> </span><font>The law of this country promises defendants due process by turning over all evidence in a criminal case to ensure a fair trial. Records created by the MCIO are <i>NEVER DISCLOSED</i> to defense attorneys or government prosecutors in federal cases involving motorcycle clubs—this allows the dubious prosecutors a system of plausible deniability. The MCIO's practice is to maintain (so-called) "street files," "zero files," or "White Paper" reports, which is "how ATF hides official documents by simply classifying them as unofficial." [Fn.1] Exculpatory information concealed in these clandestine files is often moved to elude detection. </font></span></div><div><span style="font-family: inherit;"><font><br /></font></span></div><h2 style="text-align: left;"><span style="font-family: inherit; font-size: xx-large;">How Did The Investigation of The Hell's Henchmen MC Begin?</span></h2><div><span style="font-family: inherit; font-size: xx-large;"><br /></span></div><div><span style="font-family: inherit;"><span> </span><font>To initiate the investigation and infiltration of the Hell's Henchmen Motorcycle Club ("HHMC") by MCIO operative and ATF Special Agent Christopher L. Bayless, the MCIO formulated a presentation to the higher-ups in ATF's bureaucracy for approval and funding. One former undercover agent, dubbed as ATF's foremost expert in the area of motorcycle clubs, revealed that "ATF management" is tough to work with because of their "fragile egos and self-promoting attitudes" and moreover, it is something of "a good-ol'-boy network with an ingrained us-versus-them mentality." [Fn.2] <br /><br /></font><span> </span><font>Below is a "Synopsis" by Agent Bayless of so-called facts regarding the HHMC to ATF management which of course is rife with exaggerated and grossly inaccurate factual assertions. This is a routine means and method used by operatives of the MCIO to circumvent the threshold criteria necessary to gain agency approval and funding for "Organized Crime" investigations:</font></span></div><div><font><span style="font-family: inherit; text-align: center;"><br /></span></font></div><div><span style="font-family: inherit;"><font><span style="text-align: center;"> </span></font><span> "This investigation pertains to Federal firearms and narcotics violations by members of the Hell's Henchmen [M]otorcycle [C]lub, Rockford, Illinois. The Henchmen are a One Percenter club consisting of six chapters throughout the Midwest with approximately 250 members. The Rockford Chapter has 30 members who are reported to be supplying girls to local strip joints for prostitution activities. They also traffic in cocaine, marijuana, and methamphetamines."</span></span></div><div><span style="font-family: inherit;"><span><br /></span></span></div><div><span style="font-family: inherit;"><span><span style="font-family: inherit;">(Quoting Bayless ATF Report # 10). </span><br /></span><font><br /></font><span> </span><font>In Part I of this series you previously learned that on January 12, 1993, Agent Bayless was introduced to HHMC member, LaMonte "Monty" Mathias, at his motorcycle repair shop in Rockford Illinois, by a cooperating individual ("CI"). Curiously, Agent Bayless makes no mention in his initial report of further contact with the HHMC until months later on April 21, 1993. Notably, this is two days after the final assault against the Branch Davidians' Mount Carmel ranch near Waco, Texas. An abundance of circumstantial evidence indicates that Agent Bayless participated in this monumental tragedy before returning to his endeavor to gain full membership in the HHMC. <br /><br /></font><span> </span><font>With roots based in the Waco area since the 1950s, the Branch Davidians were legal dealers of weaponry. Instead of easily arresting its leader during one of his weekly visits to Waco, on Sunday, February 28 1993, ATF chose to stage a massive, D-Day-like invasion on the Branch Davidians and their property. From the day of the attack, a sixty-one-day standoff followed. Bradley fighting vehicles and M-60 tanks ended the siege. Among the dead was four ATF agents and eighty-two Branch Davidians, including 8 children all under the age of three. Afterwards,<i> Time Magazine</i> called ATF, "America's Most Hated Agency." </font></span></div><div><span style="font-family: inherit;"><font><br /></font></span></div><h2 style="text-align: left;"><span style="font-family: inherit; font-size: xx-large;">Agent Bayless's Infiltration of the HHMC Continues</span></h2><div><span style="font-family: inherit; font-size: xx-large;"><br /></span></div><div style="text-align: left;"><span style="font-family: inherit;"> According to ATF Agent Jay Dobyns, a former partner and sidekick at times for Agent Bayless during his infiltration of the HHMC and Hell's Angels Motorcycle Club ("HAMC"), "there were no [undercover] operations that Chris [Bayless] had not mastered and repeated and then repeated again." Metaphors at times can do our thinking for us. Borrowing another figure of speech from Agent Dobyns aptly sums up SA Bayless' association with both groups while he acted surreptitiously and in disguise: "He was like herpes; invisible for a while with the host lulled into a belief that it's gone, then out of nowhere, a new blister." [Fn.3] Monty Mathias sponsored SA Bayless for membership in the HHMC to be followed by a fast path to full-membership in the HAMC. It has been said that the cover-up is always worse than the actual crime. In a few short months, all the evidence will show that Monty's ultimate fate will be cast by this modern-day MCIO Judas. </span></div><div><span style="font-family: inherit;"><font><br /></font><span> </span><font>Part I of this series on Agent Bayless's infiltration into the HHMC left off in February, 1994. On February 8, 1994, SA Bayless reported that he "met with the enforcer [Paul Jensen], Al and Rickie at the [HHMC] clubhouse to lift [weights]. Conversation between the club members while they were lifting indicated that the Hell's Angels were flying Hell's Henchmen members around the country to visit different chapters. Rickie stated that the Minneapolis/St. Paul Hell's Angels clubhouse was very nice. The enforcer and Al stated they were going to Cleveland this weekend to meet the chapter members there and that two members had gone to Southern California to discuss business with Hell's Angel members there." (Quoting Bayless ATF Report No. 010).<br /> <br /></font><span> </span><font>On February 10, 1994, SA Bayless reported that "members of the Antioch chapter of the Outlaws attempted to abduct a Chicago Hell's Henchmen named [Eddie] Murphy who lives in Round Lake Beach, Illinois. While on his way home, Murphy's vehicle was run off the road by Spike [O'Neill], President of the Antioch Outlaws. ... [O'Neill] and three other Outlaws exited their vehicle, maced Murphy, and attempted to handcuff him. Murphy was able to escape and drive to a convenient store where a Lake County Sheriff's Deputy was. The Deputy arrested the Outlaws." (Quoting Bayless ATF Report No. 011). SA Bayless further purported that "[d]uring questioning, Murphy told the police officer that the Outlaws had threatened him and told him that they wanted to know about the Hell's Angels coming into the Midwest." (Id). In addition, SA Bayless added that "[a]ccording to Joe Cludy, ATF St. Paul, a bomb has detonated a few days prior, destroying the president of the Hell's Angels Minneapolis chapter's truck." (Id). <br /> <br /></font><span> </span><font>Former HAMC president, Pat Matter, later describes this incident involving HHMC member Eddie Murphy in his book:</font></span></div><div><font face="inherit"><br /></font></div><div><span style="font-family: inherit;"><font> "Ed was one of the Hell's Henchmen and one night a couple of Outlaws grabbed him near his home in Fox Lake, Illinois and threw him into their van. He saw body bags in the van and that meant only one thing: they were driving him somewhere to execute him. Ed managed to get out, rolling out of the van right into the middle of the street. The Outlaws kept going.When the cops came, Ed did what you're not supposed to do.He told the cops it was the Outlaws, breaking the biker code." <br /><br /></font><font>Quoting PAT MATTER & CHRIS OMODT, "<i>Breaking The Code: A True Story by a Hells Angels President and the Cop Who Pursued Him</i>," pg. 93 (The Real Deal, LLC 2014)(breakingthecode.net).<br /><br /></font></span><div><span style="font-family: inherit;"><span> </span><font>On the same date, Agent Bayless reported that "[w]hile at the [HHMC] clubhouse, SA Bayless installed a telephone in the weight room at the request of Hell's Henchmen Rickie Abrams." (Quoting Bayless ATF Report No. 011).<br /> <br /></font><span> </span><font>On February 11, 1994, "SA Bayless arrived at the clubhouse. Hell's Henchmen David Allen arrived and stated that someone had called him from the Coyote Club and stated that members of the Outlaws were there, looking to mess up some Hell's Angels. David Allen requested that the CI accompany him, along with Hell's Henchmen Al Torres to see if this was true. David Allen asked SA Bayless to remain at the clubhouse with Rickie Abrams. .... Rickie opened a fake wall located near the back door. Behind it were two shotguns and some type of cut-down carbine." (Quoting Bayless ATF Report No. 011). "David Allen, Al and the CI returned approximately 30 minutes later and stated it had been a false alarm."<i>(Id)</i>.</font></span></div><div><span style="font-family: inherit;"><font><br /></font></span></div><h2 style="text-align: left;"><span style="font-family: inherit;"><font> </font></span><span style="font-family: inherit; font-size: xx-large;">You Better Not Be a Cop! You're Not, Okay!</span></h2><div><span style="font-family: inherit; font-size: xx-large;"><br /></span></div><div><span style="font-family: inherit;"><span> </span><font>On February 15, 1994, "SA Bayless arrived at the clubhouse and put together the bunk beds that he built." Afterwards, "Paul Jensen, Al Torres, and a third individual identified only a Hell's Angel from Cleveland, went to the Hideaway strip club. After being at the club for approximately a half hour, the Hell's Angels and Al Torres had a short private conversation, after which Al approached SA Bayless and told him that they appreciated what SA Bayless and the CI had done for the club. SA Bayless told them, no problem, that he appreciated them letting him hang around. Al Torres then became very serious and told SA Bayless that he hoped to God he wasn't a cop. SA Bayless told him he wasn't and sort of laughed it off. At that time, the Hell's Angel stood next to Al, and Al told SA Bayless that this merger was very important to them and that if SA Bayless was a CI or the cops, that Al would make sure he (SA Bayless) and his family were killed. SA Bayless again told him he wasn't a cop and told Al that if they were that suspicious of him, maybe he shouldn't hang around anymore. Al said that he didn't believe in his heart that SA Bayless was a cop, but that he had to put him on notice that this is serious 'shit.' The Hell's Angel spoke up and said, all we're saying is if you're a cop, now's the time to walk away. The mood lightened up after this and Al apologized later, saying that they had to be careful. SA Bayless told them he understood." (Quoting Bayless ATF Report No. 011). <br /><br /></font><span> </span><font>On February 18, 1994, "SA Bayless arrived at the clubhouse and met with Rickie and Al Torres. They advised SA Bayless that their weekly meeting schedule had been switched around to throw the Outlaws off. Rickie advised that all members are carrying firearms at all times and he advised SA Bayless and the CI to do the same. Rickie states that there were originally 22 members of the Hell's Henchmen Rockford chapter before the take-over. He said some of the older members had quit and that the Hell's Angels had told some members to leave. Rickie stated that the membership of the Rockford chapter was down to eight." SA Bayless further reported that "Rickie said that SA Bayless and the CI had hang-around status and would move to probate status once the club got its colors. He told SA Bayless he should be proud to know that he would be the very first Hell's Angels probate in Rockford." (Quoting Bayless ATF Report No. 011). </font></span></div><div><span style="font-family: inherit;"><font><br /></font></span></div><h2 style="text-align: left;"><span style="font-family: inherit; font-size: xx-large;">THE MCIO FINDS MORE INFORMANTS</span></h2><div><span style="font-family: inherit; font-size: xx-large;"><br /></span></div><div><span style="font-family: inherit;"><span> </span><font>While MCIO operative SA Bayless is burrowing deeper into the ranks of the HHMC /HAMC, another MCIO partisan scores a major breakthrough. Meet Lake County Illinois Sheriff's Department Detective, Gary "GG" Govekar, another operative sharing "a special investigative relationship" with the enterprise known as the MCIO. Sometime in February 1994, Govekar is able to procure and develop the wife of a probationary member of the Outlaws as an informant for the MCIO. Her name is Patricia Morris-Wolf, a/k/a, "New York" (hereinafter "CI-PW"). [Fn.4] <br /><br /></font><span> </span><font>A few days after the incident between the HAMC and Outlaws in Janesville Wisconsin on August 5, 1993, (see Part I of this series), ATF Agent Guy R. Morice reported:</font></span></div><div><font face="inherit"><br /></font></div><div><span style="font-family: inherit;"><font> "I have interviewed OCDETF Coordinator [Ron] Holmes several times. He advised that a prominent member of the Henchmen in Chicago would submit to a confidential interview regarding this bombing" [on November 12, 1990 at the HHMC Rockford clubhouse]. This was completed the week of August 9, 1993.<br /><br /> On August 12, 1993, I interviewed a member of the Calumet City chapter of the Hell's Henchmen on the condition he remain anonymous. [At this time, Jerry Fundukian was the president of the Calumet City Chapter of the HHMC] <br /><br /></font></span></div><div><span style="font-family: inherit;"><font> He advised he believes that an individual named 'Spike'O'Neil[l] bombed the clubhouse in Rockford. The informant bases this on the fact that O'Neil[l] ... has had numerous conflicts with the Henchmen. Also at this time the Booze Runners [MC] were vying for chapter status in the Outlaws.<br /> <br /> Shortly after the bombing, the Booze Runners [MC] did receive chapter status with O'Neil[l] being installed as President. The Outlaws and Henchmen have been feuding for some time." </font></span></div><div><span style="font-family: inherit;"><font><br /></font></span></div><div><span style="font-family: inherit;"><font> (Quoting Agent Morice Report No. 015, ATF Investigation No. 33118-91-0036-G, Title: Hell's Henchmen Clubhouse Bombing).<br /> <br /></font><span> </span><font>On February 22, 1994, "SA Bayless arrived at the clubhouse to lift [weights]. Upon arrival, he was met by Al Torres and Paul Jensen. Both individuals carried firearms to the gate where SA Bayless was standing." SA Bayless was told "that he should always check his vehicle for explosive devices when he leaves the clubhouse. SA Bayless laughed and said like he would know what one looked like if he saw it. The enforcer told SA Bayless that the Outlaws usually set it right on top of the tire or attach it by magnet to the frame." (Quoting Bayless ATF Report No. 011).<br /> <br /></font><span> </span><font>On February 24, 1994, "the CI went to the clubhouse and met with Monty Mathias. Mathias requested that the CI and SA Bayless build a soundproof room for the Henchmen. The CI asked what was going on. Mathias explained that the Hell's Angels requested that they build a room with two separate phones lines and a fax machine, and that they had to have it swept by a security agency once a month to make sure that there were no bugs in the room and that the phone lines were not tapped. The CI told him that he and SA Bayless could build such a room." (Quoting Bayless ATF Report No. 011).<br /> <br /></font><span> </span><font>On February 25, 1994, </font><span><i>"SA Bayless and the CI arrived at the clubhouse and built a 'secure room' for the Henchmen. They also ran the phone lines for the fax machine and telephone."(Id)</i></span><font><br /> <br /></font><span> </span><font>On February 26, 1994, "the CI met the enforcer and Al Torres at Club 51 in Rockford. At that time, Paul advised the CI that the following week, the Hell's Angels are flying them to San Bernardino, California, to meet with 'God.'The CI asked who God is. The enforcer said his name is Sonny Barger and that he's the one who started the whole thing. The CI laughed and asked why they had to go out there. The enforcer stated it was part of the club's 'on-the-job training,' that they had to meet certain high ranking members of the Hell's Angels. The enforcer told the CI to get ready to travel. The CI asked what he meant by that, and the enforcer stated that when he and SA Bayless become probates, they'll be required to travel to different Angel clubhouses around the country." (Quoting Bayless ATF Report No. 011).<br /> <br /></font><span> </span><font>On this same date, eleven Branch Davidians were acquitted by a jury of the deaths of the four ATF agents that died during the raid of their ranch on February 28, 1993.<br /> <br /></font><span> </span><font>On March 1, 1994, "SA Bayless and the CI arrived at the clubhouse and met with all the remaining eight members of the Henchmen. .... The president explained official 'hang around' means that it's the beginning of the probationary period to become a Hell's Angel. At that time the enforcer said, 'we're gonna need to see your driver's license and your social security cards.' SA Bayless asked what for, and the enforcer said that this information, along with pictures of SA Bayless and the CI, would be faxed to Hell's Angels chapters all over the country for two reasons. One, so that when we travel to different chapters, they will know that we are really 'Chris and Grubb.' He said that sometimes, rival gangs use other Hell's Angel names in an attempt to infiltrate a particular club. He said the second reason was that the Hell's Angels do a background check through some agency (not identified) but alluded to some type of private detective that would be able to check out the CI and SA Bayless to make sure they weren't police. The enforcer said this was standard operating procedure. The CI asked where they got pictures of himself and SA Bayless. The enforcer laughed and said that pictures were taken a year ago at the Fly Fest at Club 51. SA Bayless said, yeah, right, I don't believe it. At that time, Monty Mathias showed SA Bayless a picture of himself with SA [Tina] Sherrow talking to the enforcer at the Fly Fest party. He also had a second picture of the CI speaking with the president. SA Bayless told them they were pretty sneaky guys. The enforcer said you had to be in this business." (Quoting Bayless ATF Report 011).<br /> <br /></font><span> </span><font>On this same date at the clubhouse, "[t]he enforcer told the CI and SA Bayless that the Hell's Angels would start a second club in Rockford called the Spartans. He stated that SA Bayless and the CI rank above the Spartans club. He stated that the Spartans would fade the heat for the Hell's Angels in Rockford. He explained that the Spartans would run security for all events and deal any drugs that needed to be dealt. He further stated that the CI and SA Bayless would be expected to attend all events put on by the Henchmen and Hell's Angels and to attend all runs this summer." [the next two pages are completely redacted] (Quoting Bayless ATF Report No. 011).<br /> <br /></font><span> </span><font>On March 19, 1994, "Special Agent Bayless, in an undercover capacity, met with two members of the Charlotte, North Carolina, Hell's Angels chapter. They were identified only as 'Stu' and 'Bo-bo.' 'Bo-bo' has been identified as Harold McLawhon, who has been the subject of previous ATF investigations. The informant and Special Agent Bayless were interviewed extensively by both Bo-bo and Stu. The Angels advised that once the Hell's Henchmen received their Hell's Angels colors, we would be brought in as the first two prospects. Stu stated that the Rockford Henchmen spoke highly of Special Agent Bayless and the CI, and advised that he felt we had what it takes to become Hell's Angels." (Quoting Bayless ATF Report No. 012).<br /> <br /></font><span> </span><font>On March 26, 1994, "Special Agent Bayless met four members of the Lowell, Massachusetts chapter of the Hell's Angels at the Henchmen clubhouse in Rockford. There were two full patch members and two probates. None of them identified themselves by name or nickname. They just stated they were Angels from the Lowell chapter. All members had either one or two black eyes and had advised that they had run into some difficulties while visiting the South Bend, Indiana chapter of the Henchmen." (Quoting Bayless ATF Report No. 012).<br /> <br /></font><span> </span><font>On April 2, 1994, Agent Bayless reported that "four members of the Minneapolis/St. Paul chapter of the Hell's Angels, along with five members of the Hell's Henchmen Chicago chapter entered Weed's Tavern, 1515 Bakin, Chicago. They pulled the bar manager aside, Greg Martinez, and asked him if Outlaw members 'Weird' and 'Spike' had been in. Martinez advised he did not know either of the individuals. The unidentified Hell's Angel advised Martinez that they were there to pay the Outlaws back for the present they left in Minneapolis (referring to the car bomb that detonated and destroyed the President of the Minneapolis chapter's vehicle). The Angels and Henchmen stayed for approximately two hours. The Angels left the bar and advised the manager to tell 'Weird' and 'Spike' they would be in touch." (Quoting Bayless ATF Report No. 012).<br /> <br /></font><span> </span><font>On April 9, 1994, "Special Agent Bayless was paged by Hell's Henchmen Paul Jensen who told him to meet the rest of the club members at the clubhouse that evening at 7:00 p.m. Special Agent Bayless asked what was going on. Paul advised he couldn't talk over the phone but to meet him at the clubhouse ... to take care of some business. Upon arrival at the clubhouse, Paul Jensen advised Special Agent Bayless that a motorcycle club associated with the Outlaws was going to be in Rockford doing some type of reconnaissance of the area. Special Agent Bayless asked what the plan was. Jensen advised that they would hit most of the bars in Rockford and see what happened." (Quoting Bayless ATF Report No. 012). <br /> <br /></font><span> </span><font>Later that night, "Special Agent Bayless, the CI, HH Paul Jensen, and HH Rickie Abrams were at Blue's Tap on 7th Street in Rockford. Paul Jensen was paged by the President, Roger Friebrantz. Friebrantz advised Jensen to get over to Al Dino's Lounge right away, that members of the [Rebel] Knights were there and looked to be causing some problems. At that time, the above individuals rode over to Al Dino's Lounge. Upon their arrival, they were met by approximately 13 members of the [Rebel] Knights. The President of the Henchmen asked one of the members what they were doing there. There was a short discussion, an unidentified member of the Knights told the President of the Henchmen they were just traveling through." (Quoting Bayless ATF Report No. 012).<br /> <br /></font><span> </span><font>Agent Bayless further reported, "[a]pproximately 20 minutes later, all the Knights got on their bikes and left without incident. Paul Jensen advised SA Bayless that the [Rebel] Knights were a group of Chicago police officers who rode Harleys and were good friends of the Outlaws. Jensen believed that they were sent up to see what kind of numbers the Rockford Henchmen could rally in short notice. [MCIO coordinator] Ron Holmes confirmed Jensen's belief that the Knights were close associates of the Outlaws." (Quoting Bayless ATF Report No. 012). The last page of SA Bayless's report is completely redacted.<br /> <br /></font><span> </span><font>On May 6, 1994, Special Agent Bayless "acting in an undercover capacity, met with members of the Hell's Henchmen as well as members of the 'Spartans.' The Spartans are an organization created and controlled by Hell's Angels to distribute methamphetamine and other controlled substances. As of this writing two Spartans members had been identified, convicted felon Clifford Deboard and Douglas Jackson. Initially, Special Agent Bayless, along with the CI, provided security for this meeting utilizing two-way radios. The Henchmen feel security is required to protect against possible hostile acts by the Outlaws Motorcycle Gang. Special Agent Bayless was later asked to attend the meeting where he was informed that he would be considered superior in rank to the Spartan members. The Spartans were also informed at this meeting to treat Special Agent Bayless and the CI with the same respect shown to the actual members of the Hell's Henchmen and Hell's Angels." (Quoting Agent David J. Balkema's ATF Report No. 013).<br /> <br /></font><span> </span><font>Agent Balkema was part of Agent Bayless's support cover team when he became Mathias' de facto bodyguard while he rode in the front of the pack alongside Monty during the HHMC's Tuesday night runs to bars in the Rockford Illinois area. Agent Balkema further reported: <br /><br /></font><span> </span><font>"During this same meeting, Hell's Henchmen Secretary Monty Mathias informed Special Agent Bayless that he and the CI would assuredly be the first prospects of the newly </font></span><span style="font-family: inherit;">formed Rockford Chapter of the Hell's Angels. Special Agent Bayless and the CI will become prospects after the Hell's Henchmen receive their 'patch' indicating their takeover by the Hell's Angels is official. </span></div><div><span style="font-family: inherit;"><font><br /></font><span> </span><font>Also during the previous reporting period, ATF Special Agent Paul Zamzow of the St. Paul field division initiated an OCDETF investigation into the criminal activities of the Minneapolis Chapter of the Hell's Angels. The Minneapolis Hell's Angels are the sponsors for the takeover of the Rockford Hell's Henchmen. Intelligence developed by Special Agent Zamzow indicates that the Hell's Angels organization is supported by their distribution of methamphetamine and other controlled substances; the profits of which are then laundered through legitimate enterprises. Intelligence gathered pertaining to this investigation indicates that pursuant to the takeover of the Henchmen by the Hell's Angels, the wide scale distribution of methamphetamines will begin." (Quoting Balkema ATF Report No. 013). [Fn.5] <br /><br /></font><span> </span><font>Agent Balkema further reported on May 6, 1994, that "the confidential informant, accompanied by SA Bayless, met with Roger Freibrantz, the president of the Rockford chapter. During this meeting, Freibrantz stated that he had recently purchased two AR-15 assault rifles and despite his desire to convert these weapons to fully automatic, individuals from the Hell's Angels had instructed him not to, as this would attract unneeded police attention. Freibrantz further stated that he would have the assault weapons converted anyway." (Quoting Balkema ATF Report No. 014). <br /><br /></font><span> </span><font>On May 13, 1994, "at approximately 6:00 p.m., SA Bayless and the informant arrived at the Rockford clubhouse, where they met 30 members of the Hell's Angels from the Minneapolis/St. Paul; Omaha, Nebraska; and North Carolina chapters. As SA Bayless and the informant arrived, members of the Hell's Angels, along with Monty Mathias of the Henchmen, began moving aggressively towards a surveillance van parked nearby. SA Bayless inquired of Mathias as to the nature of their activities. Monty replied that they were 'taking care of some business.' During this incident, SA Schoenberger, who was occupying the van, was forced to leave the vicinity to avoid confrontation. When Monty and the Angels returned to the clubhouse, SA Bayless inquired about the occupants of the van. Monty informed SA Bayless that it was either the police or members of the rival Outlaws organization. SA Bayless further inquired as to what would have occurred if it had been the police, to which Monty replied, 'we would pull them out and kick their ass anyway. Better to take a hit for assaulting a cop, than killed by a van load of Outlaws.' The Hell's Angels were visiting the Rockford chapter in preparation for a Chicago Henchmen nicknamed 'Pulley's' wedding." (Quoting Balkema ATF Report No. 014). <br /><br /></font><span> </span><font>ATF Agent Jay Dobyns purports in his most recent book that "Chris [Bayless] developed his tradecraft and eventually grew into one of the best, if not the best, undercover operators in the history of American law enforcement." And moreover, that Bayless is "always confident and always clever ... with an inherent sense of being one step ahead of his adversaries." (Quoting "<i>Catching Hell: A True Story of Abandonment and Betrayal</i>," 52-53). Any moral qualms Bayless may have had for preventing harm coming to Monty Mathias, went out the window hearing from Monty that he intended to assault the ATF surveillance team. This will make it all that much easier for Bayless to remain "one step" behind warning Mathias when the MCIO receives advance notice, a gift from CI-PW, that Monty is targeted to be killed by David Wolf. <br /><br /></font><span> </span><font>"Pulley" is David Ohlendorf, a HHMC member from Chicago. He has no way of knowing that in just a few weeks he will be receiving his life-altering marching orders from the Boss in Minneapolis. <br /><br /></font><span> </span><font>On May 17, 1994, "during the weekly Tuesday night support run, members of the Henchmen/Angels recorded the plate of an ATF surveillance vehicle and had begun formulating plans to confront the occupants of this vehicle. The vehicle discontinued its surveillance before any action had been taken by the Henchmen/Angels." (Quoting Balkema ATF Report No. 014). </font></span></div><div><span style="font-family: inherit;"><font><br /></font></span></div><h2 style="text-align: left;"><span style="font-family: inherit; font-size: xx-large;">THE BOSS GIVES THE ORDER—SHOOT "SOMEBODY BIG!"</span></h2><div><span style="font-family: inherit; font-size: xx-large;"><br /></span></div><div><span style="font-family: inherit;"><span> </span><font>On June 7, 1994, "a video tape of the weekly Tuesday night run was made by Chicago Field Division TOOs [Fn.6] This video was made utilizing microwave cameras which enable surveilling agents to observe the clubhouse yet remain unobserved by clubhouse occupants. During this run, SA Bayless was instructed to accompany the Henchmen on a weekend run to their sponsor chapter, the Minneapolis Hell's Angels." (Quoting Balkema ATF Report No. 014).<br /><br /></font><span> </span><font>ATF Agent Balkema's June 7, 1994 entry, from ATF Report No. 014, is conspicuously redacted (or blacked-out) as to what transpired during Agent Bayless's weekend run with the HHMC to Minnesota. But the founder and former 21-year-president of the Minnesota Hells Angels has lots to say about it in his "no holds barred" book, "Breaking the Code." In a police booking photo from 1981, Pat Matter resembled a long-haired Joseph Stalin, the serial killer who ruled the Soviet Union for thirty years. In ironic contrast, after years of collaborating with his law enforcement handlers, and a testifier for federal prosecutors in multiple trials involving the HAMC, a political cartoonist caricature of Stalin's successor, Nikita Khrushchev, bears an uncanny likeness to present-day Pat Matter—short, overweight, and with a look and stature of a school janitor. Matter recounts in the book his mind-set for the decision-making at the weekend run, June 10-12, 1994, "it so happened that the <i>Easyriders</i> Rodeo was being held in New Ulm, Minnesota," and "[a]ll the Hell's Henchmen prospects came up for it, at least fifty of them" from the chapters in Rockford, Chicago and South Bend, Indiana. Matter verbally ruminates that "I couldn't allow the bombing of my truck to stand. For me to be who I was, the well-respected, well-known president of a Hells Angels chapter, I could not let the bombing go unanswered. I just couldn't." Matter then addressed his revelations for retribution against the Outlaws to the roughly fifty HHMC prospects, to include, of course, MCIO operative SA Bayless, that something had to be done to the Outlaws. "You need to take care of one of their guys," and it needs to be "[s]omebody big." (Quoting "<i>Breaking the Code</i>," at 93).<br /><br /></font><span> </span><font>That same weekend as the Rodeo in Minnesota, the Outlaws are having a national event at a drag strip for the All Harley Drags in Union Grove Wisconsin. The Outlaws are camped at the south end of the staging area of the drag strip. ATF Balkema and an army of federal, state, and local law enforcement are in attendance surveilling the Outlaws. The AOA [Fn.7] prospectives from Brockton Massachusetts earned full-chapter status in the Outlaws Motorcycle Club at this event.<br /><br /></font><span> </span><font>While Pat Matter is stoking the aspiring clan of HAMC "prospects" to get his message about taking care of "somebody big" in the Outlaws, neither has an inkling that deep in their midst the MCIO is observing, listening, and smells opportunity. To see what's coming next needs no crystal ball---it's called tradecraft. Within hours a member of the Outlaws magically receives photos and a full report detailing the machinations that took place at the <i>Easyriders</i> Rodeo held in Minnesota. In secret, the inner-circle operatives of the MCIO are high-fiving one another in jubilation because inevitability is in the air. </font></span></div><div><span style="font-family: inherit;"><font><br /></font></span></div><h2 style="text-align: left;"><span style="font-family: inherit; font-size: xx-large;">MATHIAS PUTS AGENT BAYLESS IN CHARGE OF SECURITY</span></h2><div><span style="font-family: inherit;"><br /></span></div><div><span style="font-family: inherit;"> </span><font style="font-family: inherit;">On June 14, 1994, ATF Agent Balkema reported that "during the Tuesday night run, Monty Mathias advised Special Agent Bayless that he (Bayless) would be in charge of running the Tuesday night runs from now on. This would include being responsible for security, choosing the routs, choosing which taverns we would be stopping at, and contacting them and advising them we would be there." (Quoting Balkema ATF Report No. 014). </font></div><div><span style="font-family: inherit;"><font><br /></font><span> </span><font>On this same date, Agent Balkema further reported that during the run, "the surveillance team identified a blue Aerostar van that was following the pack. License plate information came back to Budget Rent-a-car. Further investigation revealed that it was rented by Kevin P. O'Neill, a/k/a, Spike O'Neill, the president of the Wisconsin chapter of the Outlaws. The surveillance team followed the van as it followed the pack of bikes. Information was received the following day from [MCIO operative] Ron Holmes that four members of the Outlaws were staying at the Motel 6 in Rockford doing surveillance on the Hell's Henchmen." (<i>Id)</i>. <br /><br /></font><span> </span><font>The information received from Agent Ron Holmes came by way of MCIO operative Gary Govekar, from his informant CI-PW. Unbeknownst to the Outlaws, Probationary Outlaw David B. Wolf has been regaling his wife with a detailed play-by-play of his travels. In the upcoming months, ATF will soon take control of Patricia Wolf and she will become a documented and paid informant/operative for the ATF taskforce investigating the Outlaws. The MCIO previously airbrushed a litany of felony charges for CI-PW—and now the ATF will do the same for her. </font></span></div><div><span style="font-family: inherit;"><font><br /></font></span><h2 style="text-align: left;"><font face="inherit" size="6">On June 15, 1994, Agent Balkema memorialized in a separate report:</font></h2><div><span style="font-family: inherit;"><span><br /></span></span></div><div><span style="font-family: inherit;"><span> </span></span><span style="font-family: inherit;"> </span><font style="font-family: inherit;">"Special Agent Chris Bayless provided numerous surveillance photos of the Outlaws Motorcycle Gang. From these photos, [Agent Balkema] was able to identify the driver of the van. Special Agent Bayless further identified the driver to me as Kevin P. O'Neill, a member of the Outlaws Wisconsin chapter." (Quoting Agent Balkema's Report, in a facsimile to ATF-Milwaukee). </font></div></div><div><span style="font-family: inherit;"><font><br /></font><span> </span><font>On June 17, 1994, "Special Agent Bayless arrived at the clubhouse at approximately 6:00 p.m., and began talking to Monty Mathias. Mathias stated that the Henchmen had a person who worked for Ameritech who would be coming that evening to check the phone lines to see if they were tapped. He further stated that this would put an electrical charge through the phone line and disable any listening device that may be attached." (Quoting Bayless ATF Report No. 015). <br /><br /></font><span> </span><font>Special Agent Bayless further reported while at the clubhouse on June 17, 1994, that Al Torres said "someone from the Two Wheel Inn [in Rockford] had called and stated that some Outlaws had gone into the tavern and were asking about Angels that afternoon. Al told Rickie to go upstairs and bring down the pound of 'pot.' Rickie went upstairs to Al's apartment and returned with what appeared to be one pound of cannabis. At this point, Al took approximately one ounce from the pound, put it in a separate clear bag, and handed it to Monty. Monty told Special Agent Bayless that they would be leaving Friday, July 1, 1994, to attend the 4th of July run in Humboldt, Iowa. He said that members of the Minneapolis and Omaha, Nebraska Angels would be there, along with a second possible probationary club from St. Louis, Missouri. Special Agent Bayless advised Monty that his bike was running fine and he was looking forward to going. Monty told Special Agent Bayless to meet him outside, that he had something to discuss with him." (Quoting Bayless ATF Report No. 015). "When they went outside, Monty told Special Agent Bayless that he would be able to attend the World Run in California. Monty said he felt Special Agent Bayless' bike would be able to make the trip, but he felt that the CI's bike would have a hard time making it out of the state. Special Agent Bayless told Monty that he didn't think the CI would mind sitting the California run out, that the CI would like to go, but he knows his bike would not make it." <i>(Id).</i></font></span></div><div><span style="font-family: inherit;"><font><i><br /></i></font></span><h2 style="text-align: left;"><font face="inherit" size="6">AGENT BAYLESS GOES "HUNTING" FOR OUTLAWS </font></h2><div><span style="font-family: inherit;"><br /></span></div><div><span style="font-family: inherit;"> </span><font style="font-family: inherit;">"Hunting" is a term that the MCIO and ATF devised when club members travel to taverns and other locations looking for so-called rival club members and/or associates.</font></div><span style="font-family: inherit;"><font><br /></font></span></div><div><span style="font-family: inherit;"><span> </span><font>While outside the clubhouse talking with Monty about riding to the HAMC World Run in California, SA Bayless reported that "Al Torres came out and told Special Agent Bayless that they were going to the Two Wheel Inn to look for Outlaws. Monty walked over to Special Agent Bayless and told him that he should accompany Al in an attempt to keep him out of trouble. Special Agent Bayless told Monty he'd take care of Al." <i>(Id).</i><br /><br /></font><span> </span><font>"Special Agent Bayless and Al Torres rode to the Two Wheel Inn where they met with an unidentified bartender who stated that two individuals were in earlier and they were asking a lot of questions about the Hell's Angels. He had no description of the two individuals and stated he got this information from a third party who happened to be sitting at the bar when these guys walked in. Special Agent Bayless and Al stayed at the Two Wheel Inn for approximately two hours. After being satisfied that there were no Outlaws in the bar, Al suggested to Special Agent Bayless that they go back to the clubhouse." (Quoting Bayless ATF Report No. 015).<br /><br /></font><span> </span><font>Back at the clubhouse SA Bayless noted that "Al proceeded to get highly intoxicated, drinking tequila and subsequently passed out on the couch while he and Special Agent Bayless watched the OJ Simpson saga on CNN. A short time later, the clubhouse phone rang. Special Agent Bayless answered it and spoke to the president of the Chicago chapter, Jerry G. Jerry G advised Special Agent Bayless that a Hell's Angel brother in South Carolina had been killed in a motorcycle accident. Special Agent Bayless woke up Al and advised him of the situation. Al got up, made a few additional phone calls, and then came back and passed out again. Special Agent Bayless left the clubhouse a short time later." (Quoting Bayless ATF Report No. 015).</font></span></div><div><span style="font-family: inherit;"><font><br /></font></span><h2 style="text-align: left;"><font face="inherit" size="6">NOW COMES ATF AGENT TINA SHERROW</font></h2><div><span style="font-family: inherit;"><br /></span></div><div><span style="font-family: inherit;"> </span><font style="font-family: inherit;">On June 21, 1994, "Special Agents Bayless and Tina Sherrow arrived at the clubhouse at approximately 7:15 p.m., for the weekly Tuesday run. Special Agent Bayless spoke with Monty Mathias and told Monty that he and Special Agent Sherrow were all set to run the poker aspect of this run. Mathias said good and motioned Special Agent Bayless into the 'secure room'of the clubhouse. At that time, Mathias advised Special Agent Bayless that Carl Allis (who previously sold SA Bayless a sawed-off shotgun) had been arrested by the Rockford PD with an ounce of cocaine and a .38 caliber revolver. Mathias warned Special Agent Bayless not to deal with 'Rat' anymore due to the possibility of him becoming a snitch. Mathias told Special Agent Bayless that Al had left the night before to attend the Hell's Angel funeral in South Carolina. He further stated that they expected the CI and Special Agent Bayless to continue to do security for 'church' on Thursday nights. Special Agent Bayless told Monty it was not a problem and that he had worked everything out with the CI earlier. The Tuesday run went off without a hitch." (Quoting Bayless ATF Report No. 015). </font></div><span style="font-family: inherit;"><span><br /></span></span></div><div><span style="font-family: inherit;"><span><br /></span></span></div><div><span style="font-family: inherit; font-size: xx-large;"><b>HHMC "PROSPECTS" GOT MATTER'S MESSAGE TO SHOOT "SOMEBODY BIG"</b></span></div><div><br /></div><div><br /></div><div style="text-align: left;"><span style="font-family: inherit;"><span> </span><font>On Saturday June 25, 1994, Agent Bayless reports, "Peter A. Rogers, a/k/a, Grease, Regional President of the Chicago/ Joliet/ Gary/ Janesville/ Milwaukee Chapters, was shot in Chicago. The preliminary report indicated that he was traveling northbound, nearing the Taylor Street exit on the Dan Ryan Expressway when an unknown person shot him. Rogers was on his motorcycle and after being shot, was able to exit the expressway and ride westbound on Taylor Street in an attempt to reach a family business at 1045 West Taylor Street. However, Rogers reportedly rode past the business. Realizing he had done so, he turned around in the 1400 block of Taylor Street, pulled to the sidewalk in front of a deli, parked his motorcycle, walked inside, and asked an employee to call 911. Chicago Police and rescue responded and Rogers was taken to the Cook County Hospital Trauma Center. The Illinois State Police were contacted due to the report that Rogers had been shot while on the Dan Ryan Expressway." (Quoting Bayless ATF Report No. 015). <br /><br /></font><span> </span><font>A Rockford Police detective and reputed member of the MCIO, John Pozzi (Badge # 34), filed a report of a conversation with Agent Ron Holmes that occurred 3 days afterward: </font></span></div><div style="text-align: left;"><span style="font-family: inherit;"><br /></span></div><div style="text-align: left;"><font face="inherit"> "[Holmes] stated that on the prior Saturday evening the Chicago and region leader of the Outlaws Motorcycle Gang was shot and severely wounded. He went on to say that <i>recent intelligence information</i> gained suggested that the Hell's Henchmen and/or Hells Angels were responsible for the shooting. He also added that the Outlaws were also aware of this information and were planning some type of retaliation for the shooting." <i>(Id)</i>.</font></div><div style="text-align: left;"><span style="font-family: inherit; text-align: center;"><br /></span></div><div style="text-align: left;"><span style="font-family: inherit;"><span style="text-align: center;"> "Those who can make you believe absurdities can make you commit atrocities." </span><font><div style="text-align: center;"><br /></div><div style="text-align: center;">—Voltaire </div><br /></font><span> </span><font>MCIO operative Special Agent Rich Packert (Badge # 3303), Illinois State Police District 4, is assigned the case and reported that Ron Holmes will accompany him to meet the shooting victim in the hospital. (Report from Case No. 94E4091). <br /><br /></font><span> </span><font>In yet another scheme straight from the playbook of the FBI's murderous counterintelligence program, COINTELPRO, MCIO scoundrels Holmes and Packert visited the wounded Outlaws member in the hospital and carried out a prearranged investigative scenario by falsely purporting that law enforcement gained "<i>recent intelligence information</i>" showing that Outlaws members, Kevin "Spike" O'Neill and Randy "Mad" Yager, were responsible for the shooting of their fellow Outlaw, Peter Rogers. This, of course, was a ruse designed to cause controversy and dissention within the Outlaws, with the purpose that it would initiate violent reprisals, to include murder, between members of the Outlaws. <br /><br /></font></span></div><div><span style="font-family: inherit;"><span> </span><font>In ventriloquism, a comedian provides entertainment to an audience by carrying on an apparent conversation with a hand-manipulated dummy. The MCIO deploys a similar routine as a means and method to facilitate acts of violence and/or murder that is affectionately termed by the operatives as "Stirring the Pot," by "do[ing] something to make another course of action happen or occur." (Quoting Part I of this series, "Let The Dirty Tricks Begin"). The MCIO's ventriloquial routine, though, uses live manipulated-dummy reporters from an assortment of news outlets. One such dummy-reporter conspiring with Agent Holmes and other operatives concocted a front-page news story with the reasoned intention to make another course of action happen or occur when it reported:<br /><br /></font><font> "Not everyone agrees it was the Angels or Henchmen behind the shooting of [the Outlaw] Rogers, who is now out of the hospital. 'In my opinion, if it was really Hell's Angels, they wouldn't have let him [ride] off the expressway,' said one federal investigator."</font></span></div><div><font face="inherit"><br /></font></div><div><span style="font-family: inherit;"><font> Quoting Mark Kiesling, "<i>Biker takeover could bring 'shooting war</i>,'" Hammond Times, A-1, July 24, 1994. The MCIO dummy-reporter further purported:<br /><br /></font><font> "Says one biker-watcher, 'Spike, Shock, and Mad are young and strong and it's possible Grease [shooting victim Peter Rogers] was hit by his own people."<i>(Id).</i> </font></span></div><div><font face="inherit"><br /></font></div><div><span style="font-family: inherit;"><font>[Fn.8] Mark Kiesling's source for these ludicrous quotations, that is, from "one federal investigator" and "one biker-watcher," is none other than MCIO coordinator, ATF Agent Ron Holmes. A newspaper is a platform of influence that comes with responsibility to uphold basic journalistic principles; something this reporter lost when he became a marionette, his strings pulled by the MCIO to write what they dictated. <br /><br />Years later, Pat Matter in his own words revealed—<br /><br /></font><font><div style="text-align: left;"> "The rest of the Henchmen got my message about taking care of somebody and a few weeks later, in late June, none other than Pete Rogers, regional Outlaws president, was shot as he rode his bike on the Dan Ryan Expresswayin Chicago.... Later, after the Henchmen got patched Hells Angels, I presented the two shooters, Mel Chancey and David "Pulley" Ohlendorf, with their Filthy Few patches." Quoting "<i>Breaking the Code</i>," gs. 93-94. </div><br /></font><span> </span><font>According to ATF Agent Jay Dobyns, "Filthy Few" patches mean that the member "committed extreme violence on behalf of the club, most likely a murder." [Fn.9] Dobyns met Filthy Few patch-wearing Mel Chancey at the HAMC New York City clubhouse. Dobyns shared a rare tidbit of vulnerability when he confessed that Chancey "was among the scariest dudes I've ever laid eyes on." [Fn.10]<br /> <br /></font><span> </span><font>To further induce, or otherwise endeavor to persuade the HHMC prospects to follow his command to go on the offensive against the Outlaws, Matter created "AOMD" patches, an acronym for "All Outlaws Must Die." On October 4, 2006 in Las Vegas, Matter testified for the prosecution (on day 8 of a jury trial) against several Hells Angels charged in a brawl with members of the Mongols at a 2002 motorcycle rally in Laughlin, Nevada:<br /> <br />Q: Mr. Matter, I'm going to show you what's been marked Government Exhibit 91-F and ask you to take a look at that. Do you recognize what is depicted in that picture? <br /><br />MATTER: Yes.<br /> <br /> Q: What is depicted in the picture?<br /> <br /> MATTER: At the bottom AOMD, all Outlaws must die.</font></span></div><div><span style="font-family: inherit;"><br /></span></div><div><span style="font-family: inherit;">* * * *</span></div><div><font face="inherit"> <br /> Q: Have you seen that set of initials in the club?<br /> <br /> MATTER: I have seen it before, yes.<br /> <br /> Q: Where have you seen it?<br /> <br /> MATTER: On Jerry Bokina, some Chicago people, members.<br /> <br /> Q: What do you mean on?<br /> <br /> MATTER: Tattooed.<br /> <br /><i> See</i> <i>United States v. Acosta, et al</i>., Case No. 2:03-CR-542-JCM-PAL, Volume III, Tr. at 48, 50 (D. Nev. Oct. 4, 2006).<br /> <br /> In early 2000, the MCIO's masterful agent provocateur Ron Holmes was served a federal court subpoena to testify at the racketeering trial of eight members of the Outlaws. When he took the stand, Holmes had the look of a Hitler loyalist at the Nuremburg trials, sworn to protect the MCIO's secrets at all costs. Holmes' infidelity to the rule of law is virtually unmatched. He has had good training though, at ATF, silence is rewarded. But this coward behind the curtain is way past his prime. His attempt to display his training as a skilled law enforcement witness failed miserably. His entire testimony was riddled with contradictions, nonsensical responses, and outright perjury. Several times Holmes was confronted with documentation from ATF reports as well as other official law enforcement reports showing that his testimony was erroneous, and he still would not admit it was false. Once the master of the 180, his testimony came across more like the bumbling police lieutenant, Frank Drebin, from the old "<i>Naked Gun</i>" comedy. He became so distraught that it appeared at one point he was on the verge of weeping. While a packed courtroom was openly in disbelief of Holmes' preposterous answers, three assistant United States attorneys sat stone-faced with no attempt at rehabilitation of his pathetic and embarrassing performance—which proved to be his last time on the witness stand as an ATF agent.<br /> <br /> After the puppet-reporter stipulated that Holmes, ATF Agent Bayless, and other operatives of the MCIO supplied him with the story, Holmes reluctantly coughed-up the following answers:<br /> <br /> Q: Who is Mark Kiesling, K I E S L I N G?<br /> <br /> HOLMES: Mark Kiesling is a reporter for the Hammond, Indiana Times<br /> newspaper.<br /> <br /> Q: And he wrote an article about the Outlaws?<br /> <br /> HOLMES: I'm sorry, I didn't hear the question?<br /> <br /> Q: He wrote an article about the Outlaws on 7-24-94; right?<br /> <br /> HOLMES: I suppose so, yes sir.<br /> <br /> Q: And you gave him---you fed him a whole bunch of quotes for that<br /> story; didn't you?<br /> <br /> HOLMES: I don't remember.<br /> <br /> Q: So it could be that you did it?<br /> <br /> HOLMES: Yes, sir, it could be.<br /> <br /> See<i> United States v. O'Neill, et al</i>., Case No. 97-CR-98, Docket # 1882, Tr. at 4622-4623, (E.D.Wis., May 9, 2000). <br /> <br /><i> Playboy </i>magazine covered the trial and reported that "[m]embers of the [MCIO & ATF] investigating team leaked details to a reporter for Indiana's Hammond Times. One 'biker watcher' [MCIO Holmes] suggested that the only way for the Outlaws to avoid all-out war was to sacrifice (i.e., murder) [Spike O'Neill's] entire Stateline [Wisconsin] Chapter. The <br /> tactic—incite, observe, arrest—is known as stirring the pot or tickling the wire." Quoting James R. Peterson, "<i>The Biker Wars</i>," PLAYBOY MAGAZINE, pg. 168 November 2000 Issue.<br /> <br /> Stayed tuned to FedsGoneBad for Part III in this series. </font></div><div><font face="inherit">"If it furthers the goals of the MCIO to let you die, you're going to die." —FedsGoneBad </font></div><div><span style="font-family: inherit;"><span><a name='more'></a></span><font><br /></font></span></div><div><font face="inherit">Fn.1 Quoting JAY DOBYNS, "<i>Catching Hell: A True Story of Abandonment and Betrayal</i>," pg. 187 (2018)(www.jaydobyns.com). <br /><br />Fn.2 Quoting WILLIAM QUEEN, "<i>UNDER AND ALONE</i>," pg. 10 (2005)(www.atrandom.com). <br /><br />Fn.3 Quoting "<i>Catching Hell</i>," pgs. 53, 187.<br /><br />Fn.4 Why did CI-PW opt to inform on her husband? The objective consensuspoints to the obvious---she was a conflicted, drunken douche bag—scorned by her husband's serial womanizing. And like most cooperating witnesses that chose to exist in WITSEC, five years later she waddled into a federal courtroom from once a promiscuous barfly, to looking unsightly and obese from her life of obscurity while sitting on her rummaged, three-legged couch in Nowheresville USA. <br /><br />Fn.5 "<i>OCDETF</i>" is an acronym for Organized Crime Drug Enforcement Task Force.<br /><br />Fn.6 "<i>TOO</i>" is an acronym for ATF's Technical Operations Officers.<br /><br />Fn.7 "<i>AOA</i>" is an acronym for American Outlaws Association.<br /><br />Fn.8 Compare the MCIO's ruse with a conspiracy perpetrated by COINTELPRO. See Hampton v. Hanrahan, 600 F. 2d 609 (7th Cir. 1979)(court found that FBI's Chicago office implemented counterintelligence tactics to promote "violent conflicts," by "sen[ding] an anonymous letter" to the leader of "a local black gang" falsely telling him that the Black Panther Party ("<i>BBP</i>") had a "hit out' on him. The purpose of the letter was to prevent a merger and induce the [local black gang] to initiate reprisals against the BBP."); see also <i>Davis v. United States,</i> 670 F.3d 48 (1st Cir. 2012)(government found liable for negligence and ordered to pay nearly $2 million to families of murder victims. FBI agents affirmatively intervened to protect murderers who were also FBI informants and members of a Boston organized crime group, both by tips to the men and by blocking law enforcement measures that would likely have brought them to justice before the murders of two women). <br /><br />Fn.9 Quoting JAY DOBYNS and NILS JOHNSON-SHELTON, "<i>NO ANGEL:My Harrowing Undercover Journey to the Inner Circle of the Hells Angels</i>,"pg. 34 (2009)(www.crownpublishing.com). <br /><br />Fn.10 Quoting "<i>No Angel</i>," pgs. 99-100.</font></div></div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-8800732027438850736.post-11036922079876493222020-05-21T07:27:00.038-07:002020-08-24T07:23:30.271-07:00MAYHEM, MURDER, AND COVER-UPS: The Ugly Truth About ATF's Undercover Operations & Infiltrators Targeting Motorcycle Clubs (Part I)<p style="font-stretch: normal; line-height: normal; margin: 0px;"><b><font face="georgia" size="5">May 28, 2020</font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><b><font face="georgia" size="5">By the One Percenters</font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> For well-over four decades the collective authors of this site have tracked and documented an array of insidiously evil, and flat-out criminal "investigative" schemes deployed by agents and proxies of the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"). The One Percenters pull back the curtain and take you behind the scenes to expose the breadth of ATF's brinkmanship and dirty tricks it has concealed from the unsuspecting public. The schemes you are going to learn about have been uncovered from a variety of sources, to include but not limited to, ATF investigative reports, former federal, state, and local law enforcement personnel, Freedom of Information Act ("FOIA") requests and FOIA litigation, confidential and other sources. </font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><b><font face="georgia" size="6">ATF's Sophisticated Vigilante Operation </font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><b><font face="georgia" size="6"><br /></font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> No one believed what the Federal Bureau of Investigation ("FBI") was doing until a radical act became a key event in history for the public to learn what their Government was perpetrating against thousands of citizens belonging to organizations and groups deemed as "disruptive" by the FBI.</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> In March 1971, on the night of a title fight between Muhammad Ali and Joe Frazier a group of anti-war activists broke into a remote FBI records office in Media, Pennsylvania, and stole thousands of documents that revealed the implementation of the FBI's infamous counterintelligence program, code-named"COINTELPRO." The activists subsequently channeled the damning records to the <i>Washington Post</i> which published expositions showing that the FBI was targeting disfavored activists and organizations with diabolical counterintelligence techniques, scenarios, and tactics clearly not designed to maintain "the thin blue line" that separates us from anarchy and chaos and violence, rather, the government was bringing the chaos and violence. [Fn.1]</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> An ATF agent from the Chicago area took special note of COINTELPRO's murderous tactics and in the late 1970s he hatched the Midwest Cycle Intelligence Organization ("MCIO"). ATF Special Agent Ronald J. Holmes devised the MCIO as a nongovernmental enterprise comprised of like-minded federal, state, and local law enforcement personnel to meet in secret and exchange intelligence on targeted motorcycle clubs and other groups. The MCIO was moreover contrived to curtail the institutions and mechanisms we have long relied upon to keep executive power within the bounds of constitutional and statutory law. In other words, the MCIO has no oversight nor accountability. The lack of oversight in the investigative schemes used by the MCIO soon opened a Pandora's Box of misconduct followed by a surge of criminal and civil rights violations.</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"> </font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> As the MCIO gained new members and operatives the enterprise evolved. Inner circles and splinter cells formed of operatives that shared "a special investigative relationship" in the innovation and concealment of an extraordinary range of insidious methods designed for, among other things, to prevent both the long-range growth of the targeted motorcycle clubs, as well as to prevent local chapters and its leaders from gaining respectability. By the 1990s, the MCIO mutated into a full-blown sophisticated vigilante operation using methods strikingly similar to the activities of the national disruption program COINTELPRO.</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><b><font face="georgia" size="6">When The Supply of Crime is Lacking—The MCIO Creates it. </font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> To slow the growth of the Outlaws Motorcycle Club ("OMC") in Wisconsin, Illinois and Indiana in the early 1990s, the MCIO needed to create strife and dissension in furtherance of its insidious scheme to facilitate acts of violence between the OMC and other motorcycle clubs, groups, and individuals. Meet the MCIO's most prolific infiltrator and agent provocateur, [Fn.2] ATF Special Agent Christopher L. Bayless, a/k/a, "Chrisser," a virtuoso in the art of manipulation. He is what defines an operative of the MCIO. A former partner, undercover ATF Agent Jay Dobyns, unapologetically characterized themselves as "professional liars who constantly misrepresented ourselves" with no qualms about "trad[ing] [our] ethics for the greater good of a case." [Fn.3] Bayless moreover coined a war cry "to describe the feeling an undercover agent gets when he senses that danger is all around but there are no obvious red flags preventing him from going forward: 'Jesus Hates a Pussy.'" [Fn.4]</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><b><font face="georgia" size="6">Let The Dirty Tricks Begin </font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> In areas surrounding Chicago and Milwaukee, covert teams of MCIO operatives undertook a surreptitious campaign to disseminate and distribute classified "Law Enforcement Sensitive" intelligence, a government categorization that is meant to keep them confidential. The dossiers compiled by the MCIO consisted of the personal information of members and associates of the OMC, as well as the (so-called) rivals of the OMC. The information included: photos; home & work addresses; phone & pager numbers; known hangouts; vehicles owned or used; and other confidential information. One team of MCIO operatives acting as agent provocateurs sold intelligence records to members of the OMC concerning the rivals—while another team disseminated intelligence gathered on the OMC—back to the rivals. The end goal of this scheme, in conjunction with several other investigative tactics, was designed to engender, promote, and facilitate violent acts against the collective membership and associates of the OMC, and against the rival clubs. This underhanded method of generating and gathering "evidence" for future prosecutions is a conspiration affectionately termed by the operatives as "Stirring the Pot." MCIO operative Charles Berard, a/k/a, "CB," testified that stirring the pot means for the agents "to do something to make another course of action happen or occur." [Fn.5] Federal prosecutors in Tampa Florida later presented evidence implicating MCIO operative Bobby Brown, a detective in the Chicago Police Department, with the widespread dissemination of names, addresses, photos, and other confidential information regarding members and associates of the Hell's Henchmen Motorcycle Club ("HHMC"), Hells Angels Motorcycle Club ("HAMC"), as well as other clubs (then) associated with the HAMC and HHMC. [Fn.6] The architect of the MCIO, Agent Holmes, recruited Detective Brown for his penchant to be involved in every conceivable type of criminal violation one can imagine. What was strictly business as usual for the MCIO, became strictly personal for the targets of the schemes.</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><b><font face="georgia" size="6">The MCIO & ATF Infiltrate The Hell's Henchmen </font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> On January 12, 1993, Agent Bayless reported that "a cooperating individual ("CI") introduced SA Bayless in an undercover capacity to the Hell's Henchmen Motorcycle Club President, Monte Mathias, at his Harley shop, 714 Broadway, Rockford Illinois."(Quoting Bayless's ATF Report No. 001, Investigation No. 33116-93-2533-L, Title: Hell's Henchmen Motorcycle Club). Bayless further reported that the CI "rode with another One Percenter club that was closely associated with [the HHMC]." (<i>Id</i>).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> Over the course of the next three months Bayless and the CI would periodically meet with Mathis at his shop. Bayless rode ATF's 1987 Harley-Davidson. After the CI vouched for Agent Bayless stating that he had worked for the C I for many years Mathias "became very interested" in Bayless. On April 30, 1993, "Mathias invited Bayless and the CI to the Spring Kick-Off Party at the [HHMC] clubhouse." (<i>Id</i>). A mere 26 miles North of Rockford, the OMC recently purchased a building as a clubhouse for the future Janesville Wisconsin Chapter.</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><b><font face="georgia" size="6">The Hook is in! </font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> On May 18, 1993, Agent Bayless and the CI went to the HHMC spring party at the clubhouse in Rockford. Some Henchmen from the Chicago Chapter were in attendance. "Agent Bayless was given a tour of the clubhouse by Monte Mathias, one of the originators of the Rockford Chapter." (Quoting Bayless ATF Report No. 003). Bayless moreover reported that "usage of cocaine and marijuana was quite profuse by members and guests. Seven Henchmen acted as security for the party carrying 2-way radios. Judging from the radio traffic, they were worried about members of the DC Eagles showing up and causing problems." (<i>Id</i>). Later that night Agent Bayless met with Henchmen "DA, and other members at the Paradise Lounge in Rockford." (<i>Id</i>).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> On May 20, 24, 26 and 27, 1993, Agent Bayless met with Henchmen, DA, and Monte Mathias at MC Fabrications. "During these meetings the Henchmen appeared to be more comfortable with Agent Bayless, talking more openly about the club and its business." (Id).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><b><font face="georgia" size="6">Harley-Davidson's 90th Anniversary</font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> In early June, 1993, tens of thousands of motorcycle enthusiasts from across the country rode to the Harley-Davidson 90th Anniversary celebration which took place at various locations in-and-around Milwaukee, Wisconsin. Agent Bayless documents the arrival of undercover ATF Agent Jay Dobyns, from ATF Tucson Arizona, in for the event working jointly with Bayless and other operatives of the MCIO. According to one former agent, as well as several other witnesses, patches and other indicia of the HAMC was stolen from evidence storage locations, or never inventoried from warranted searches, was used as props in a scheme to further the affairs of the MCIO's conspiracy to facilitate acts of violence between motorcycle clubs. [Fn.7] Teams of operatives donned the indicia masquerading </font><span style="font-family: georgia;">as genuine HAMC members making appearances at strategic, public locations talking trash and intimidating bar patrons. The cowardly impostors would stay at a location for short duration's—then quickly leave.</span></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> The same week of the Harley 90th celebration there is a meeting between members of the OMC and HAMC in a motel parking lot by Mitchell Airport in Milwaukee. The reason for the meeting was in regards to (then) HAMC president Patrick Matter's controversial plan (and egotistical demands)to race his motorcycle in an AMRA event held at a drag strip in Union Grove,Wisconsin. The same location of the OMC's annual national event. Matter co-authored a book in 2014 with his self-serving rendition of the facts and circumstances surrounding this meeting. In his book, Matter's hypocrisy is only surpassed by his fragile ego. Conveniently omitted are his actual words uttered to the OMC in a phone call AFTER the meeting. [Fn.8] Words, that would soon have consequences, and a continuing ripple effect experienced for years and generations afterward. All this becomes plain when time gives it perspective. Of course, his actions down the road does little to inspire trust in his objectivity back then—and now. In December 2003, Matter fell from grace by becoming a turncoat against his club. [Fn.9]</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><b><font face="georgia" size="6">Let's Be Cops!</font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> In another twist of destiny, after testifying for federal prosecutors at multiple trials involving the HAMC, and upon his release from the Federal Witness Security Program (WITSEC), Matter and the former sergeant at arms of his chapter, Richard Rohda, became consultants for the Midwest Outlaw Motorcycle Gang Investigators Association ("MOMGIA"). (See Fn.9,Breaking The Code, at 221-222). Spawned from the MCIO and other similarly situated enterprises, the MOMGIA was founded in 2002. Matter and Rohda actually speak at training conferences offering their insight and suggestions to operatives from across the country that are hell-bent "towards dismantling and eliminating [one-percenter motorcycle clubs] and their membership through the application of unique investigative techniques." (Quoting www.midwestomia.org)(accessed 9/1/2014, since removed).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><b><font face="georgia" size="6">Agent Bayless Gains The Trust of The HHMC </font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 15px;"><b><font face="georgia"> </font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> Once Agent Dobyns arrived in the Chicago area to assist, Agent Bayless's wayward "Jesus Hates a Pussy" methods contained in his reports became cloaked with redactions indicative of an official cover-up. Entire pages are now conspicuously blacked out from an investigation that took place over 25 years ago? Through the rest of the summer and into the early Fall of 1993, Bayless reveals only a sprinkling of dates in his reports where he has been working construction with either the CI, or for HHMC members. However, according to confidential sources, Bayless began a slow, methodical dissemination of confidential law enforcement intelligence to Monty Mathias and other members in an effort to gain to the trust of the HHMC.<br />
<br />
On October 11, 1993, a report of a "Reference Telcall" between FBI <br />
resident agencies in Springfield Massachusetts & Kenosha Wisconsin, and to SA Ron Holmes, Chicago ATF, purports:</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> "On 8/5/93, over 30 Hells Angels Motorcycle Club members en route to Sturgis, South Dakota motorcycle rally stopped overnight in Janesville Wisconsin, at Best Western, located at 3900 Milton Avenue. During the following evening hours, [HAMC members from Massachusetts] went to Slick's Bar located at 1405 Milton Avenue in Janesville. During the night several rival gang members from the Outlaw[s] Motorcycle Club entered and attacked [HAMC members] in attempts to remove their 'colors.' According to witnesses, [HAMC members] were beaten and sprayed with chemical mace. Upon Police arrival [HAMC members refused to give statements]. Several witnesses positively identified Outlaw[s] Motorcycle Gang colors as being worn by the suspects involved in the aforementioned armed robbery."</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia">(From FBI File Numbers: 166E-BS-69106, and 166E-MW-28378-30). </font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> On October 20, 1993, an "Information Communication" from SA Grant Mendenhal, Kenosha Wisconsin FBI Resident Agency, is sent to the Springfield, Massachusetts FBI Resident Agency. The report depicts a traffic stop of the "President of the Wisconsin Outlaws" by SA Mendenhal and MCIO operative Larry Zarletti. The OMC member was "provided" a teletype to read from FBI Boston, to FBI Milwaukee dated "10/14/1993," advising that "an East Coast meeting of the Hell's Angels took place in Providence Rhode Island was monitored." Intelligence was gained from a "very accurate and reliable source" </font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia">indicating that "members of the Hell's Angels will be traveling from the East Coast to Wisconsin, to kill members of the Wisconsin Outlaws." After the OMC member reviewed the document, SA Mendenhal readily touted, "We did our job, now you need to do yours." In addition, and in furtherance keeping with the means and methods of the MCIO's campaign of crime promotion, MCIO Zarletti chimed in with, "Don't expect us to protect you, you're on your own!" (FBI File Number: 166E-MW-28378-33).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> On October 21, 1993, Agent Bayless noted in the "Progress" section of hisreport that he "met with Monty Mathias and a second Hell's Henchmen known as Ron at a construction site in Malta, Illinois. During the conversation, Monty Mathias invited the CI and [Bayless] to the [HHMC] New Year's Eve party" at the clubhouse. (Quoting Bayless ATF Report No. 008).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> In Minnesota, MCIO & ATF agents strategically placed stickers with the slogan "Support Your Outlaws" on the front door of the HAMC clubhouse and on vehicles of its members to incite retaliation against members of the OMC. At first glance, this particular scheme may seem innocuous to the lay public. However, although the ripple effect from schemes of this nature are generally unknown, it may also be the spark or causation that results in violence, days, weeks, months, or even years later. 1993 became something of a fortuitous year for the MCIO. Its playbook of dirty tricks unleashed against the targets widened the rift between rival clubs and delivered the desired results.</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> On December 10, 1993, the HHMC "formally invited Special Agent Bayless and the CI to become members of the Henchmen." The HHMC explained that if they were "deemed nasty enough," they would then become probates of the Rockford chapter. Bayless further reported that he and the "CI have established an undercover apartment in Kirkland, Illinois," as their permanent residence. Bayless noted in the "Progress" section of his report he "has been working out with the enforcer, Paul Jensen, and another club member, Al [Torres] , approximately four nights per week at the clubhouse." Furthermore on this date, "[t]he enforcer told Special Agent Bayless that he felt [he] had the right attitude to become a Henchmen." (Quoting Bayless ATF Report No. 010).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> On January 20, 1994, agents Bayless and Jay Dobyns arrived at the clubhouse. "SA Dobyns wore his white supremacist colors from the Aryan Brotherhood that he worked in Tucson. The agents were let in by Hell's Henchmen Rickie Abrams." They did not search SA Dobyns when he entered the clubhouse. "Rickie told SA Bayless 'if he's a friend of yours, he's okay.'" A short time later, the enforcer, Paul Jensen, arrived and they all proceeded to the basement to lift weights.</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> After working out, the agents were invited over to the enforcer's house for a couple of beers. "During that time, SA Dobyns advised the enforcer that he was part of a white supremacist organization that was stockpiling weapons for the big race war that they anticipated would occur sometime in the near future." (Quoting Bayless ATF Report No. 010). The agents further "alluded to the enforcer that they also deal in large quantities of marijuana that's flown in from Mexico." (Id)</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> On January 25, 1994, while at the clubhouse Agent Bayless "showed the enforcer a picture of four Outlaws that was in <i>Easy Riders Magazine</i>. One of them had a T-shirt on that said 'I hate you.' SA Bayless laughed and pointed it out to the enforcer. The enforcer said yeah, those guys are assholes. SA Bayless said 'I guess that's why they make guns.'" In reply, "[t]he enforcer said, yeah, but they have guns too. The enforcer asked SA Bayless if he knew who those individuals were. SA Bayless looked real close at the pictures like he was trying to look for some type of clue as to who they were. A short time later, the enforcer said, 'they're Outlaws.' SA Bayless said, oh, I heard the Outlaws are assholes and so are the DC Eagles. The enforcer told SA Bayless he had to watch what he said about other clubs. He said some of the other Henchmen might think that SA Bayless may know some of the other members that they were at war with and that SA Bayless might be some kind of a plant from another club." (Quoting Bayless ATF Report No. 010). Agent Bayless stayed at the clubhouse for a couple hours longer "talking about how great it is to be a Henchmen and what the club could offer SA Bayless." (Id)</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><b><font face="georgia" size="6">The Takeover of the Hell's Henchmen</font></b></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> On February 2, 1994, "SA Bayless spoke with SA Ed Diamond who advised that the Friday before (1/28/94), he [performed] surveillance on the Hell's Henchmen clubhouse [at 1734 W. Grand Avenue] in Chicago. There were numerous cars around the clubhouse, more than SA Diamond had ever seen before. SA Diamond advised that he observed three individuals with long rifles on the roof of the clubhouse." (Quoting Bayless ATF Report No. 010).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> On February 3, 1994, from an obscure war room located at 1 South 450 Summit Avenue, Suite 250, Oakbrook Terrace, Illinois, MCIO mastermind, Ron Holmes, "contacted SA Bayless and advised that two members from the Hell's Angels Motorcycle Club in California had met with members of the Chicago Hell's Henchmen to discuss a merger and takeover of the club." (Quoting Bayless ATF Report No. 010).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> On February 4, 1994, SA Bayless arrived at the clubhouse in Rockford at 6:30 p.m. "There were already numerous Hell's Henchmen in the clubhouse upon his arrival. At the door, SA Bayless was met by Wild Bill who apologized and said he would have to search SA Bayless again" because "they had some serious club business and some out-of-town guests." Bayless observed one individual had the "Hells Angels death head tattooed on his right arm." (Id)</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> On February 8, 1994, SA Bayless met with the enforcer at his home. The enforcer asked SA Bayless if he was informed of the HHMC's decision to become Hell's Angels. "SA Bayless said yes, that the CI and he had talked last night and that the Hell's Henchmen were rolling their patch to Hell's Angels. The enforcer said 'it's good move for us, we are all gonna end up making a lot of money.'" SA Bayless further noted in his report that "[t]he enforcer stated that there were four members of the chapter that had quit, and three of the other hang-arounds were cut loose, and that the CI and SA Bayless were the only hang-arounds allowed to stay." (Quoting Bayless ATF Report No. 010). SA Bayless later went to the clubhouse to lift weights with the enforcer and other members. "After lifting, SA Bayless and the members went back upstairs where the enforcer advised SA Bayless to be very wary of the Outlaws. The enforcer stated that 'when they find out that the Hell's Angels have rolled our patches, all hell's gonna break loose.' The enforcer said "we gave the Hell's Angels the Midwest. They're gonna give us the world." (Id).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia"> Stay tuned to FedsGoneBad for Part II in this series as the One Percenters uncover more of this conscience-shocking, true saga, of how MCIO and ATF (so-called) law enforcers became the ultimate law breakers. And learn about the subsequent cover-up of their crimes made possible by covert deliberations and backdoor maneuvering of DOJ consiglieres and obliging judges.</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; text-align: center;"><font face="georgia">"In a time of deceit, telling the truth is a revolutionary act."</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; text-align: center;"><font face="georgia"> —George Orwell</font></p><p style="font-family: "helvetica neue"; font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><br /></p><p style="font-family: "helvetica neue"; font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><br /></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjteAubNVi0KzJRjWtn36lz9a_D5BG7qyBJke6Tcx-kYwVi-_59EPy4P7UTlE_8r_vTWhvhAviUs8fwIZNf_XG7SKDIWyauvgDiZVlcbxUTQtVH6SgmGgM40lQfsA5SzTYrHGpz_6Or7LM5/s320/20200521_0920465B19035D.jpg" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="320" data-original-width="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjteAubNVi0KzJRjWtn36lz9a_D5BG7qyBJke6Tcx-kYwVi-_59EPy4P7UTlE_8r_vTWhvhAviUs8fwIZNf_XG7SKDIWyauvgDiZVlcbxUTQtVH6SgmGgM40lQfsA5SzTYrHGpz_6Or7LM5/s0/20200521_0920465B19035D.jpg" /></a></div><p style="color: #dca10d; font-family: "helvetica neue"; font-stretch: normal; line-height: normal; margin: 0px;"><br /></p><p style="font-family: "helvetica neue"; font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><br /></p><p style="font-family: "helvetica neue"; font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><br /></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia">MCIO operative and ATF pitchman,Christopher L. Bayless, says that his undercover mind-set was being "proactive"and all "about affording an opportunity for violent people to do their violence."(Photo & quotation from the Chicago Sun-Times, May 13, 2018)</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia">Fn.1 See e.g., <i>Hobson v. Wilson</i>, 737 F.2d 1, 12 (D.C.Cir. 1984)(FBI counterintelligence program created and anonymously sent "racially-inflammatory leaflet[s]" in efforts "to engender animosity" between antiwar group and organization of black citizens and leaders).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia">Fn.2 An agent provocateur is defined as: "1. An undercover agent who instigates or participates in a crime, often by infiltrating a group suspected of illegal conduct .... 2. A person who entraps another, or entices another to break the law, and then informs against the other as a lawbreaker." <i>See Black's Law Dictionary</i>, pg. 71 (8th ed. 2004).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia">Fn.3 Quoting JAY DOBYNS and NILS JOHNSON-SHELTON, "NO ANGEL: <i>My Harrowing Undercover Journey to the Inner Circle of the Hells Angels</i>," pg. 71, 81 (<span style="text-decoration: underline;">www.crownpublishing.com</span>)(2009).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia">Fn.4 Quoting JULIAN SHER & WILLIAM MARSDEN, "<i>ANGELS OF DEATH</i>,"Pg. 168 (Carroll & Graf Publishers 2006).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia">Fn.5 Berard is also a lieutenant for the Milwaukee Police Department ("MPD"). He is a self-professed "walking encyclopedia [on] the Outlaws Motorcycle Club in and around Wisconsin." Quoting MICHAEL GROGAN, "<i>You Gotta Be Dirty: The Outlaws Motorcycle Club In & Around Wisconsin</i>," pg. i (Badger Wordsmith, LLC Marinette, WI, 2016).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia">Fn.6 See <i>United States v. Bowman</i>, Case No. 8:97-CR-333-T-30TGW (M.D. Fla. 1997)(March 27, 2001 testimony of Carl J. Warneke, Tr. At 39, 93-94).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia">Fn.7 The MCIO also distributed "Law Enforcement Network" videos that instructed federal, state and local law enforcement to initiate innovative methods to "seize the biker's colors," an act designed to prevent the exercise of First Amendment rights, and moreover, a means and method to stockpile club indicia for its investigative scenarios.</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia">Fn.8 See PAT MATTER & CHRIS OMODT, "<i>Breaking The Code: A True Story by a Hells Angels President and the Cop Who Pursued Him</i>," pgs. 72-74 (The Real Deal, LLC, 2014 (breakingthecodebook.net).</font></p><p style="font-stretch: normal; line-height: normal; margin: 0px; min-height: 14px;"><font face="georgia"><br /></font></p><p style="font-stretch: normal; line-height: normal; margin: 0px;"><font face="georgia">Fn.9 See Breaking the Code, 221-222.</font></p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-8800732027438850736.post-85891681064246107882019-11-26T18:27:00.028-08:002020-08-11T06:06:22.340-07:00The Truth Behind FBI & ATF Wiretapping & Bugging Investigations: A Hotbed Of Peeping Toms & Sexual Degenerates Eagerly Listening To Intimate Details Occurring In Our Homes<h1 style="text-align: left;"><span style="font-size: x-large;"><font face="georgia">November 25, 2019<br /></font><font face="georgia">Posted by the One Percenter</font></span></h1><font face="georgia"><div><font face="georgia"><br /></font></div> The movie "Casino," starring Joe Pesci, Robert DeNiro, and Sharon Stone, depicts a scene where the characters are aware that their phones are being tapped by the FBI but they believe they have developed a method to manipulate it. Sharon Stone's character telephones Joe Pesci's wife and says, "Hey, I gotta do some shopping at 1 o'clock; you wanna go?" The federal agents listening shut off the tap and then Robert DeNiro's character takes the phone from Sharon Stone and says, "You want me to meet you at Caesars Palace?" Joe Pesci replies, "No, one hundred yards from there down the road; don't ask questions, just be there." DeNiro then hands the phone back to Sharon Stone and she continues the "innocent" conversation with Pesci's wife. In the midst of the scene, the voice of a narrator is explaining to the viewing audience that if a phone is tapped the agents can't listen in on routine calls. If the call is routine, they have to switch off after a few minutes and can only listen in on conversations involving crimes. This, of course, is more rhetorical than real so don't try this on any phone.<br /> <br /> In the event a federal agency obtains a court order authorizing the interception of your telephone and/or oral communications (room bugs) from your home, business, car, motel room, or even your favorite restaurant, monitoring agents are mandated by federal law to ensure unnecessary intrusions into the private lives of its targets and innocent non-targets. All monitoring agents are instructed by supervising assistant U.S. attorneys ("AUSAs") that the authorization to intercept "shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception." (Quoting Title 18, United States Code, Section 2518(5)). This section of the wiretapping and bugging law enacted by Congress requires that the government adopt reasonable measures to reduce the interception of conversations unrelated to the criminal activity under investigation to a practical minimum. In other words, the law is specifically drafted to protect non-criminal, innocent conversations and activities taking place within the sanctity of our homes from overzealous agents. <br /> <br /> However, this subsection of the law governing the minimization of intercepted conversations and activities is routinely violated as a matter of course by monitoring agents. In some cases, the agents and AUSAs overseeing these operations are actually given awards for violating sections of federal wiretapping laws. <br /><br /> <br /></font><h2 style="text-align: left;"><font face="georgia" size="6"> The Government Pays Up For Its "Disgraceful" Voyeuristic Intrusions </font></h2><font face="georgia"><div><font face="georgia"><br /></font></div>An example of this abuse surfaced when the wife of a target under investigation for insider trading sued 16 current and former FBI agents for wrongfully intercepting more than 180 private calls between her and her husband from November 2007, to January 2008. The federal judge that tried the underlying criminal case found that:<br /><br /><br /><blockquote style="border: none; margin: 0px 50px 0px 0px; padding: 0px;"><font face="georgia"><div style="text-align: center;">"[N]one of these calls provided agents with any incriminating evidence relating to the charges in [the underlying criminal matter]. To the contrary, [the wife's] marital conversations dealt almost exclusively with personal and family matters. Indeed, in several calls agents listened as [the wife and her husband] carried on discussions of a deeply intimate nature." </div><br />(Quoting United States v. Goffer, 756 F. Supp. 2d 588, 591 (S.D.N.Y. 2011). <br /> <br /> The judge was "deeply troubled by [the FBI's] unnecessary, and apparently voyeuristic, intrusion into the [target and his wife's] private life[,]" id., at 594, and furthermore characterized the FBI's failure to minimize the interceptions as "nothing short of 'disgraceful.'" Id. at 595.<br /> <br /> In the end, government AUSAs from the New Haven, Connecticut U.S. Attorney's Office agreed to pay $90.000 to the wife of the convicted inside trader, purporting it settled to avoid the expenses and risks of further litigation. See Drimal v. Makol, et al., Case No. 3:12-cv-00717-WWE (D.Conn. Jan. 6, 2017)(Docket # 53). <br /><br /> <br /></font><h2 style="text-align: left;"><font face="georgia" size="6"> ATF's Lawless Bugging & Should-be Registered Sex Offenders</font></h2></blockquote><div> </div><blockquote style="border: none; margin: 0px 50px 0px 0px; padding: 0px;"><h2 style="text-align: left;"><font face="georgia" size="3"> </font></h2><font face="georgia"> In the mid-1990s, dozens of ATF and "other authorized agents," along with obliging AUSAs from the U.S. Attorney's Office in Milwaukee took their voyeurism to a new level of conscience-shocking perversion. ATF wiretapped and bugged two private homes in Racine Wisconsin, recording hundreds of hours of conversations and activities over the span of several months. Orchestrating the interceptions was AUSA Paul L. Kanter and (now retired) ATF Special Agent Sandra M. DeValkenaere, a/k/a, "Sharon Walker." They were both responsible for preparing minimization instructions for the monitoring agents. On January 5, 1995, a meeting was held on the minimization instructions regarding general listening procedures and record-keeping requirements. The minimization instructions further contained a list of the named targets in the interception orders and the purpose of the phone taps and room bugs. The agents additionally were sworn in acknowledging the rules and law governing the interception of private conversations from non-targets of the investigations, i.e., family members within the respective homes, guests, and innocent incoming-callers. Despite their oath to follow instructions on minimization, ATF voyeurs indulged themselves by routinely recording the full duration of private conversations of adolescent children, teens and non-target adults conversing with family or friends. The agents additionally deployed physical surveillance, and on several occasions, startled occupants of the homes discovered peeping-tom agents peering through bedroom windows and lurking around the premises. <br /><br /></font><h2 style="text-align: left;"><font face="georgia" size="6"> ATF Perversion Escalates </font></h2><font face="georgia"><br /> More despicable, in order to facilitate conversations within one household, Agent DeValkenaere provided government funds to an ATF informant, Patricia Wolf, a/k/a, "New York," to purchase cocaine and subsequently distribute the drugs to the occupants of the bugged home to cause them to converse about ATF-desired subjects under altered states. Afterwards, and even more stunning, this paid ATF succubus would engage in aurally graphic sex acts mere inches from her handlers' bugged lamp. Several of the monitoring agents, again, indulged themselves for months by listening and recording hours of non-minimized, animistic moans and groans that would make Howard Stern and Larry Flint both cringe. During the (pre-determined) litigation surrounding the legality of the tapes, AUSA Kanter reluctantly admitted that the agents he supervised "inexplicably monitored non-relevant conversations for periods in excess of the minimization requirements" by way of a bugged lamp which included the graphic, widespread recordings of "sexual encounters" featuring the cocaine-fueled informant and her unsuspecting husband. (Quoting United States v. O'Neill, et al., Case No. 97-CR-98, (E.D. Wis., April 6, 1998)(Docket # 459 at 23). Recording sexual relations is an egregious violation of someone's human dignity. Similarly situated offenders face jail time and are listed on the state Sex Offender Registry for 15 years. AUSA Kanter conceded that the agents' voyeuristic conduct was "offensive," but further pitched to the district court that it merely "demonstrate[d] only that one or two agents out of fifty or more who were involved in the operation failed to comply with the established procedures on some occasions." Id. The monitoring agents' actions were strikingly similar to the reprehensible acts of the man that was sentenced to 30 months in prison for stalking ESPN reporter Erin Andrews and videotaping her in the nude through an altered peephole in her room at the Nashville Marriott. <br /> <br /></font><h2 style="text-align: left;"><font face="georgia" size="6">The DOJ & Judiciary Merge And Become Partners In Crime </font></h2><font face="georgia"><br /> Both the supervising AUSA and ATF case agent chose to remain silent on WHY they allowed months of graphic sexual encounters to be recorded with no minimization whatsoever. These should-be registered sex offenders once again escaped without any sanctions. Instead, what followed was a calculated scheme to cover-up the government's blatant criminal and civil violations of federal wiretapping laws. On November 6, 2002 in Washington, D.C., (as the 7th Circuit Court of Appeals was still deciding the legality of the government's bugging operation), then-Attorney General, John Ashcroft, sent a clear message to the court of appeals by presenting AUSA Kanter with the "Director's Award" in part for his "superior performance" in the "wiretaps." Less than a week later, three Reagan-appointed judges in Chicago obliged with a legal fiction that Ripley wouldn't believe. In one of the two homes bugged, continuously for 24 days prior to the issuance of a warrant, every spoken word and activity occurring from within the residence was simultaneously captured and broadcast by way of radio frequency into the airwaves which effectively converted the home into a live local radio station for anyone to listen with a handheld scanner. Congress enacted 18 U.S.C. § 2511(1)(b)(ii) as part of a comprehensive scheme for the regulation of electronic surveillance and in plain language statutorily proscribed the conduct of—<br /><br /></font><blockquote style="border: none; margin: 0px 0px 0px 40px; padding: 0px;"><blockquote style="border: none; margin: 0px 50px 0px 0px; padding: 0px;"><font face="georgia"><div style="text-align: center;">"ANY PERSON WHO intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any ... device to intercept any oral communication when such device TRANSMITS COMMUNICATIONS BY RADIO ..."</div></font></blockquote></blockquote><font face="georgia"><div style="text-align: center;"><br /></div> Congress's intent with § 2511(1)(b)(ii) is clear, the statute is preventative, prior to a warrant it does not contemplate law enforcement's self-restraint to not listen in on conversations and activities while they are broadcasted to the world by way of radio frequency. Whether any of the "fifty or more" agents documented as positioned around the home prior to court authorization will ever admit they recorded or listened to communications and activities is immaterial to establish a felony violation of section 2511(1)(b)(ii). <br /><br /> The court issued an "opinion" holding that it is "good police work" to place and activate a fully functioning bug in a private home as long as the agents positioned around the residence tell us they were not recording or listening to conversations until a warrant issued. The court furthermore crafted a fiction to legitimize the felony crime:<br /><br /><div style="text-align: center;">"[The agents] did not violate statutory limits on eavesdropping; until interception begins, a bug is nothing but a 'tracking device' under 18 U.S.C. Section 3117(b)." </div><br /> (Quoting United States v. Warneke, 310 F.3d 542, 545 (7th Cir. 2002)(as amended)). <br /><br /> In other words, the warrant-less bugging condoned by the 7th Circuit "in effect place[d] [fifty or more] invisible policeman in the home," Berger v. New York, 388 U.S. 41, 65 (1967)(Douglas, J. concurring), that claimed to keep their ears covered and eyes shut until a warrant was obtained weeks later. This Orwellian capability, of course, would have frighteningly absurd consequences and is in direct and unequivocal opposition to the core concept of both the federal wiretapping and bugging statutes and U.S. Constitution. Since its holding 17 years ago shielding the government actors from criminal liability, NO COURT has ever followed the 7th Circuit's legal fiction devised in United States v. Warneke. </font>
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<span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"><font face=""><font size="4"> </font><font size="3"> </font></font><span style="font-weight: normal;"><font size="3"> </font></span></font></span><span style="font-weight: normal;"><font face="georgia" size="3">United States Department of Justice (DOJ) lawyers and federal prosecutors across our country combined, conspired, and agreed to a course of action in what can be characterized as an “ends justifies the means”, Machiavellian scheme. In yet another policy or practice exemplifying the DOJ's attitude of invincibility and unaccountably, prosecutors carried out a plan to subject ALL non-cooperating criminal defendants as cannon fodder, in a ruse designed to conceal rewarded criminals who traded information and/or testimony in exchange for reduced charges and prison sentences, as well as other incentives.</font></span></h2><h2><span style="font-weight: normal;"><font face="georgia" size="3"> Inescapable documentation and evidence show that at least from 1992 through 2000, government prosecutors implemented a policy or practice for which any unofficial person should be, and probably would be, charged with a wide array of federal crimes. The DOJ's sinister scheme involved creating a false narrative by knowingly inserting a series of egregious misrepresentations into ALL plea agreements of defendants that did not cooperate, as a means and method "to protect persons who actually were cooperating with the government," consisting of a nonnegotiable, standardized paragraph of fallacious agreements to make ALL non-cooperating defendants appear as snitches, rats, or stool pigeons, "the effect of the [fraudulent plea agreements] was to require the lawyers to mislead the Court." (Quoting April 13, 2004 letter from the Federal Defenders Services of Wisconsin, Inc.)(see attached).[FN.1] The United States Attorney's Office in Milwaukee refused to enter into a plea agreement with a non-cooperating defendant "without [the fraudulent] paragraph." (Quoting April 13, 2004 letter at 2).</font></span></h2>
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<div><b><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia" size="6">THE FRAUDULENT PLEA AGREEMENTS </font></span></b></div>
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<div><span style="font-family: georgia;"> The express malice behind this scheme was so flagrant, so outrageous, and so subversive of both the human rights of non-cooperating defendants and the integrity of the judicial process itself, rises to a new level of truly conscience-shocking conduct by the DOJ. For nearly a decade, non-cooperating defendants were either beguiled and/or coerced into signing what amounted to clearly unlawful plea agreements filed with the courts purporting in relevant part: </span></div>
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<div><span style="font-family: georgia;"> "The defendant, by entering into this plea agreement, further agrees to fully and completely cooperate with the government in its investigation of this and related matters, and to testify truthfully and completely before the grand jury and at any subsequent trials or proceedings, if asked to do so. The government agrees that any information provided by the defendant pursuant to this paragraph will not be used directly against the defendant, except as provided in the proffer letter, and further will not be used in determining the applicable sentencing guidelines range, but will be brought to the attention of the sentencing court as contemplated by the Sentencing, Guideline Manual [Section] 1B1.8."</span></div>
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<font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif;">(<i>See e.g.</i> <i>United States v. Dominick,</i> Case No. 00-CR-234 (E.D.Wis. 2000)(Docket # 37 at 8).[FN.2]</span><br />
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<font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif;"> Strikingly reminiscent to, and most likely straight from the playbook of the FBI's notorious National Counterintelligence Program, "COINTELPRO,"[FN.3] the DOJ's depraved policy or practice was calculated with a propensity to do much more than to simply "protect persons who actually were cooperating with the government." With such a scheme, it necessarily correlates to a design that was further calculated to expose a great number of non-cooperating defendants (while serving their prison sentences and after release) to harassment, severe emotional stress, threatened use of physical force, extreme violence, and in some cases murder. (See April 13, 2004 letter, 1-2). The soulless architects of this scheme destroyed countless lives. Moreover, the consequences and ripple effects of this diabolic sham continues to adversely affect a great number of American citizens. </span><br />
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NO ONE IS ABOVE THE LAW</font></span></h2><div><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia" size="6"><br /></font></span></div>
<font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif;"> Sooner or later, the truth catches up. The prosecutors, lawyers, and judges that manifested an agreement to participate in the conduct of this conspiracy[FN.4] at a minimum, violated Title 18, United States Code Section 373; Title 18, United States Code Section 371; and Title 18, United States Code Section 2. In addition, documents submitted to a court that are not factually and legally justified violate Rule 11(b) of the Federal Rules of Civil Procedure. This is not even a close call—there are no ifs, ands, or buts about it—the DOJ is responsible for an epidemic of mayhem and violence, and violations of basic human rights spanning decades. This certainly conflicts with the DOJ's "mission ... to ensure public safety ... [and] to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans."[FN.5] Seemingly ingrained with a "us-versus-them" mentality, prosecutors complicit in the fraudulent-plea agreement-scheme are reminded of the words inscribed on the wall of the Attorney General's rotunda in Washington, DC, "the United States wins its point whenever justice is done its citizens in the courts," not when DOJ lawyers falsely brand non-cooperating defendants as "snitches," "rats," and "flippers" in fraudulent plea agreements "to protect persons who actually were cooperating </span></font></div><div><font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif;">with the government." </span><br /></font><h2 style="text-align: left;"><b style="font-family: georgia, "times new roman", serif; font-size: medium;"><br /></b></h2><h2 style="text-align: left;"><b style="font-family: georgia, "times new roman", serif;"><span style="font-size: xx-large;">THE GOVERNORS SHOULD BE ACCOUNTABLE TO THE GOVERNED</span></b></h2><div><font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif; font-size: medium;"><b><br /></b></span></font></div>
<span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"> This cover-up has gone on long enough. The rule of law is the cornerstone of our constitutional system of government, it is something that each one of us needs to stand up for and defend. The crimes perpetrated by the now ironically named Department of Justice lawyers went beyond many of those committed by the non-cooperating defendants that have been victimized by this scheme. If you are outraged by this clear case of wanton and reckless governmental misconduct, forward this report to the following components of the DOJ requesting their review, investigation and disposition.</font></span></div><div><u style="text-align: center;"><b><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"><br /></font></span></b></u></div><font face="georgia"><div style="text-align: center;"><u><b>United States Department of Justice</b></u></div><u><div style="text-align: center;"><u><b>Office of the Inspector General: Investigation Division </b></u></div><b><div style="text-align: center;"><u><b>950 Pennsylvania Avenue, N.W., Suite 4706 </b></u></div><div style="text-align: center;"><u><b>Washington, DC 20530-0010 </b></u></div><div style="text-align: center;"><u><b>Telephone: (202) 514-3435 </b></u></div><div style="text-align: center;"><u><b>Fax: (202) 616-9881</b></u></div></b></u></font><div>
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<b><u><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia">United States Department of Justice </font></span></u></b></div>
<div style="font-weight: bold; text-align: center;"><u><b><u><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia">Office of the United States Attorney: Eastern District of Wisconsin </font></span></u></b></u></div>
<div style="font-weight: bold; text-align: center;"><u><b><u><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia">517 East Wisconsin Avenue, Room 530 Milwaukee, Wisconsin 53202 </font></span></u></b></u></div>
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<u><b><u><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia">Telephone: (414) 297-1700 </font></span></u></b></u></div>
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<b><u>Fax: (414) 297-4394</u></b></div>
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</span></u></font><div style="text-align: center;"><span style="font-family: georgia; text-align: left;"> [FN.1] By promptly responding to the incarcerated, non-cooperating defendant, and further revealing the DOJ's fraudulent-plea agreement-scheme, the attorney's letter prevented this person (as well as many others) from serious assault, or possibly a fate worse. The author of the April 13, 2004 letter, Dean A. Strang, is a former assistant United States attorney in the Eastern District of Wisconsin (Milwaukee Division), and currently an Adjunct Professor at Marquette University Law School and the University of Wisconsin Law School.</span></div></div>
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<span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"> [FN.2] This document can be reviewed on the Public Access to Court Electronic Records (PACER) website (www.pacer.gov).</font></span></div>
<div><span style="font-family: georgia;"><br /></span></div><div><span style="font-family: georgia;"> [FN.3] The extent of the FBI's brinksmanship and treachery is limitless, and well documented. </span><i style="font-family: georgia;">See e.g., Hobson v. Wilson</i><span style="font-family: georgia;">, 737 F.2d 1, 12 (D.C. Cir. 1984)(FBI counterintelligence program created and anonymously sent "racially-inflammatory leaflet[s]" in efforts "to engender animosity" between antiwar group and organization of black citizens and leaders); see also </span><i style="font-family: georgia;">Hampton v. Hanrahan</i><span style="font-family: georgia;">, 600 F.2d 600, 609 (7th Cir. 1979)(In a concerted effort to promote "violent conflicts," FBI's Chicago office "sent an anonymous letter" to the leader of "a local black gang" falsely telling him that the Black Panther Party (BBP) had a "'hit out' on him. The purpose of the letter was to prevent a merger and to induce the [local black gang] to initiate reprisals against the BBP."); </span><i style="font-family: georgia;">Davis v. United States</i><span style="font-family: georgia;">, 670 F.3d 48 (1st Cir. 2012)(government found liable for negligence and ordered to pay nearly $2 million to families of murder victims. FBI agents affirmatively intervened to protect murderers who were also FBI informants and members of a Boston organized crime group, both by tips to the men and by blocking law enforcement measures that would likely have brought them to justice before the murders of two women).</span></div>
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<div><span style="font-family: georgia;"> [FN.4] "The crime of conspiracy is the agreement itself[.]" Quoting </span><i style="font-family: georgia;">United States v. Corson</i><span style="font-family: georgia;">, 579 F.3d 804, 810 (7th Cir. 2009).</span></div>
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<div><span style="font-family: georgia;"> [FN.5] Quoting the DOJ website. </span><i style="font-family: georgia;">See, About The Department Of Justice</i><span style="font-family: georgia;">, available at: https://foia.gov (accessed last on April 1, 2019).</span></div><div><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"><br /></font></span></div><div><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"><br /></font></span></div><div><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"><br /></font></span></div><div><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"><br /></font></span></div><div><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"><br /></font></span></div><div><span face="" style="font-family: georgia, "times new roman", serif;"><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhp8ah0pG7NgvlXA1HD7WFJzGmGmUnEyeBMzPHE9x8X6aJOZ8Q9Mj9m061y_JIl5dJJAKhuG6Gx9hdwmd9o0bsndGZFh_DcexMUtimo_JwrVoZi1OYdN9Jp0ehECZmKqFEryxeMpQX6TXq8/" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="4032" data-original-width="3024" height="640" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhp8ah0pG7NgvlXA1HD7WFJzGmGmUnEyeBMzPHE9x8X6aJOZ8Q9Mj9m061y_JIl5dJJAKhuG6Gx9hdwmd9o0bsndGZFh_DcexMUtimo_JwrVoZi1OYdN9Jp0ehECZmKqFEryxeMpQX6TXq8/w480-h640/Strang+Letter.jpg" width="480" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhGQOLSZpz9vdNrw_xsNXu3TDJv05wTeQMIx0s0CBt5AgA6pOUdKoyR38SJNmorrIAXFbqCAw1EAC_0fcfUBPSqro6StnWgF2vjMw1bV18o20gqNeDvRUhAq0Pwx8l9sFNvT6EF29DH7Mc9/" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="4032" data-original-width="3024" height="640" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhGQOLSZpz9vdNrw_xsNXu3TDJv05wTeQMIx0s0CBt5AgA6pOUdKoyR38SJNmorrIAXFbqCAw1EAC_0fcfUBPSqro6StnWgF2vjMw1bV18o20gqNeDvRUhAq0Pwx8l9sFNvT6EF29DH7Mc9/w480-h640/Strange+Letter+2.jpg" width="480" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><font face="georgia"><br /></font></span></div>
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Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-8800732027438850736.post-76904495423412213362018-12-23T14:25:00.012-08:002020-08-11T06:09:27.515-07:00RICO forfeiture: the DOJ's tool to rob, plunder, and punish the unindicted collective membership of targeted motorcycle clubs.<h2 style="text-align: left;"><font size="5">December 25, 2018</font></h2><div class="MsoNormal">
<span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"> The United States Department of Justice (DOJ) purports to the general public, as well as all persons accessing the World Wide Web, that part of its "mission is ... to ensure fair and impartial administration of justice for all Americans." [Fn.1] This, of course, is far more rhetorical than real when you become aware of the DOJ's insidious abuse of civil and criminal forfeiture laws in its crusade to seize heirlooms, innocuous items of clothing, club memorabilia, memorials, etc., from the unindicted collective membership of the Outlaws Motorcycle Club (OMC). Stooping even lower, is the conscience-shocking seizure of headstones commemorating deceased OMC members. </font></span></div>
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<span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"> Asset forfeiture has become a routine part of federal criminal law enforcement now that the DOJ has "a direct pecuniary interest in the outcome of the [forfeiture] proceeding[s]." [Fn.2] Before 1985, proceeds from asset forfeitures went into a general fund that Congress controlled. In 1986, the DOJ took over direct control of the forfeiture fund which had roughly $94 million in deposits from asset forfeiture. By 2008, the number was $1 billion; by 2010 it was $2.5 billion; and currently the government is on a $4.4 billion annual pace. </font></span></div>
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<span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"> The DOJ is literally addicted to forfeitures in a never-ending effort to fill its coffers with billions in U.S. currency. Furthermore, and recognized by the U.S. Supreme Court, forfeiture is indeed "improperly used ... [as] a tool wielded to punish those who associate with criminals, [rather] than a component of a system of justice." [Fn.3] Federal law enforcement agencies, including the DEA, FBI, ATF, and the agencies of the Department of Homeland Security, "initiate tens of thousands of administrative forfeiture cases every year, and federal prosecutors file civil and criminal forfeiture actions in federal courts in thousands of cases as well. New forfeiture cases are decided every week, making it difficult for the courts themselves, as well as practitioners, to keep current." [Fn.4] As explained further in this posting, the collective membership of the OMC knows firsthand of how "the broad forfeiture provisions carry the potential for Government abuse and can be devastating when used unjustly." [Fn.5]</font></span></div>
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<span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"> A criminal defendant convicted of violating the Racketeer Influenced and Corrupt Organizations Act (RICO) forfeits his or her interests in the RICO enterprise, assets acquired in violation of the Act, and any proceeds derived from the defendant's racketeering activity. To be derived from racketeering activity means that the property was obtained, directly or indirectly, from the proceeds of the pattern of the racketeering. In addition, property "affording a source of influence over" the charged RICO enterprise is subject to forfeiture. See 18 U.S.C. § 1963(a)(2)(D). An example of the congressional intent of such property would be a legally purchased and owned automobile that was otherwise used to collect and transport gambling debts. In other words, property affording a source of influence is only subject to forfeiture to the extent it is tainted by the racketeering activity. </font></span></div>
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<span face="" style="font-family: georgia, "times new roman", serif;"> For nearly 80 years, the federal courts have held as a matter of law that, "[f]orfeitures are not favored in the law and should be enforced only within both the letter and spirit of the governing provisions." [Fn.6] This sounds good, but in reality, legal scholars recognize that the DOJ's interpretation of RICO forfeiture appears to be "limited only by the prosecutor's ingenuity or, as the case may be, his restraint." Quoting<i> </i>William W. Taylor, III<i>,</i> <i>The Problem of Proportionality in RICO Forfeitures</i>, 65 Notre Dame L. Rev. 885, 888 (1990).</span></font></div>
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<h2 style="text-align: left;"><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia" size="6">
DOWN THE RABBIT HOLE OF DOJ FRAUD </font></span></h2>
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<span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"><font face="" style="font-family: georgia, "times new roman", serif;"> </font><font face="" style="font-family: georgia, "times new roman", serif;"> Whether motivated by malice or creative zeal, in 2010, and again in 2012, DOJ consiglieres</font><font face="" style="font-family: georgia, "times new roman", serif;"> <font face="">& prosecutors came up with an innovative scheme to seize and forfeit literally truckloads of clothing and memorabilia bearing the registered collective membership marks of the OMC, Inc., from the uncharged collective membership of the OMC by grossly extending the congressional intent of what constitutes property "affording a source of influence over" a charged RICO enterprise.</font></font></font></span></div>
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<span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"> Reminiscent of invading North Korean and Chinese communist troops stripping, plundering, and parading clothing as well as emblems of KIA and captured American soldiers during the war in South and North Korea back in the early 1950s, so too the DOJ began executing a strikingly similar campaign against the OMC. Over the last decade the DOJ has been seizing and subsequently forfeiting trademarked items of clothing and memorabilia from the unindicted collective membership of the OMC, (as well as from other "outlaw motorcycle clubs" [Fn.7]) to include, but not limited to: leather vests; club logos & patches; t-shirts; sweatshirts; hats; belts; buckles; rings; banners; mirrors; flags; calendars; books; pictures; records; and commemorative plaques & photos of retired and deceased members (and in some cases, their actual cremated remains). It appears that the DOJ has unleashed something of a de facto ethnic cleansing to eradicate decades of the OMC's heirlooms and heritage which had been previously preserved and passed on over several decades for posterity. The government's manipulation of the RICO forfeiture statute—18 U.S.C. Section 1963(a)(2)(D), flat-out omission of material facts, silence on conclusive evidence, along with its utter disregard for the Federal Rules of Criminal and Civil Procedure have been a means and methods in its conspiracy to plunder and stockpile a veritable smorgasbord of club-related patches and memorabilia from the OMC and other targeted motorcycle clubs. [Fn.8]</font></span></div>
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<h2 style="text-align: left;"><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia" size="6">
THE DOJ'S "FAIR AND IMPARTIAL ADMINISTRATION OF JUSTICE FOR ALL AMERICANS?"</font></span></h2>
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<span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"> Further exemplifying the DOJ's attitude of invincibility and unaccountably, do not ever expect proper statutory or constitutional notice of forfeiture from this branch of the government; the rule of law means nothing to the DOJ in forfeiture proceedings. [Fn.9] More startling, and something similar to a rigged poker game, an unconstitutional alignment between prosecutors and former federal prosecutors that are now appointed to the bench for lifetime tenures have inescapably assisted DOJ prosecutors and its counterintelligence operatives [Fn.10] in their quest to stockpile the OMC's very history. When juxtaposed with the verified, unconverted evidence submitted by representatives of the OMC which thoroughly proved the club's property was not subject to forfeiture—and utterly ignored by the courts—a reasonable observer would indeed find that the decisions started off with a desired result, reasoned backwards, and were clearly based on something other than the merits.</font></span></div>
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<span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia"> In the end, too often the DOJ act as if their role is not to protect constitutional rights but rather to see how far they can bend them before the courts step in.</font></span></div>
<div class="MsoNormal"><font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif;"><br /></span></font></div><div class="MsoNormal"><font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif;"> [Fn.1] <i>See About The Department of Justice</i>, available at: https://foia.gov</span></font></div>
<div class="MsoNormal"><span style="font-family: georgia;"><br /></span></div><div class="MsoNormal"><span style="font-family: georgia;"> [Fn.2] Quoting </span><i style="font-family: georgia;">United States v. James Daniel Good Real Property</i><span style="font-family: georgia;">, 510 U.S. 43, 56 (1993).</span></div>
<div class="MsoNormal"><span style="font-family: georgia;"><br /></span></div><div class="MsoNormal"><span style="font-family: georgia;"> [Fn.3] Quoting </span><i style="font-family: georgia;">Bennis v. Michigan</i><span style="font-family: georgia;">, 516 U.S. 442, 456 (1996)(Justice Clarence Thomas, J., concurring).</span></div>
<div class="MsoNormal"><span style="font-family: georgia;"><br /></span></div><div class="MsoNormal"><span style="font-family: georgia;"> [Fn.4] Quoting Stefan D. Cassella, </span><i style="font-family: georgia;">Asset Forfeiture Law in the United States</i><span style="font-family: georgia;">, New York: Juris Net, LLC (2006).</span></div>
<div class="MsoNormal"><span face="" style="font-family: georgia, "times new roman", serif;"><br /></span></div><div class="MsoNormal"><span face="" style="font-family: georgia, "times new roman", serif;"> [Fn.5] Quoting </span><i style="font-family: georgia, "times new roman", serif;">Libretti v. United States</i><span face="" style="font-family: georgia, "times new roman", serif;">, 516 U.S. 29, 43 (1995).</span></div><div class="MsoNormal"><font face="georgia">
<span face="" style="font-family: georgia, "times new roman", serif;"><br /></span><span face="" style="font-family: georgia, "times new roman", serif;"> [Fn.6] Quoting <i>United States v. One 1987 Mercedes Benz 300E</i>, 820 F. Supp. 248, 251 (E.D.Va. 1993)(citing <i>United States v. One Model Ford V-8 De Luxe Coach</i>, 307 U.S. 219, 226 (1939)).</span><br /><span face="" style="font-family: georgia, "times new roman", serif;"><br /></span></font></div><div class="MsoNormal"><font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif;"> [Fn.7] The term, "outlaw motorcycle club," does not denote criminal activity. It came about decades ago from a belief that "[o]utlaw motorcycle clubs are simply motorcycling organizations that do not hold American Motorcyclist Association (AMA) charters." See William L. Dulaney, PH.D., <i>A Brief History of Outlaw Motorcycle Clubs</i>, International Journal of Motorcycle Studies (Nov. 2005), available at: http//ijms.nova.edu/November2005/IJMS_Artcl.Dulaney.html. The term "1%er" is the result of a July 21, 1947 sensationalized story <i>in Life</i> magazine titled:<i> “Cyclist's Holiday: He and Friends Terrorized Town.”</i> It was purported by some authors that the AMA subsequently released a press statement stating "that 99% of motorcyclists are good, decent, law-abiding citizens" which the AMA claims it has no record of ever releasing such a statement. (Quoting William L. Dulaney). Afterwards, motorcycle clubs across the country jokingly stated that they were the other 1% of rowdy bikers. However, this truth was apparently inconvenient to the regime's preferred narrative. As the years have passed, law enforcement and prosecutors alike have employed a good dose of misinformation and its cousin, deliberate disinformation, to revise the true history of the 1%er symbol or label for their desired needs in criminal prosecutions of defendants that are also members of a motorcycle club that identifies with the one percenter moniker.</span><br /><span face="" style="font-family: georgia, "times new roman", serif;"><br /></span></font></div><div class="MsoNormal"><font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif;"> [Fn.8] The animus and absurdity of the government's seizures of trademarked indicia and memorabilia from the uncharged collective membership of the OMC, and purporting it as "assets" subject to RICO forfeiture under 18 U.S.C. §1963(a)(2)(D), can be seen by looking at the logical extension of it. To illustrate, RICO violations may be proved against individuals that commit criminal acts within any legal organization or any association. Indeed, a former Penn State University assistant football coach, in part, used the allure of his position, and the facilities at the university to accomplish the sexual abuse of 10 boys over the course of 15 years. More so, the pedophile football coach was allegedly sheltered and protected from law enforcement by high-ranking university officials, who knew of the criminal acts but obstructed justice by not reporting them, while seeking to keep Penn State from stigma and culpability. The acts of the university officials were done to maintain, enhance, or protect their status within Penn State. Such activities, if proven, are RICO crimes, but a RICO conviction for those individuals would not make Penn State itself a criminal organization. However, under the DOJ's innovative scheme and theory of forfeiture against the OMC's indicia and memorabilia, warrants could be procured to seize and forfeit all memorabilia of Penn State, such as: football jerseys; t-shirts; sweatshirts; hats; trophies; commemorative photos; etc.; because it constitutes property "affording a source of influence over" the RICO enterprise.</span><br /><span face="" style="font-family: georgia, "times new roman", serif;"><br /></span></font></div><div class="MsoNormal"><font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif;"> [Fn.9] The law clearly mandates: "If the court orders the forfeiture of specific property, the government must publish notice of the order <b>AND</b> send notice to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding." Quoting Federal Rule of Criminal Procedure 32.2(b)(6)(A). To avoid ancillary proceedings, the DOJ will merely post notice for thirty consecutive days on its quasi-secret, official internet forfeiture site at: www.forfeiture.gov. Most courts appear to be condoning the DOJ's blatant disregard for statutory and constitutional law regarding proper notice of a forfeiture.</span><br /><span face="" style="font-family: georgia, "times new roman", serif;"><br /></span></font></div><div class="MsoNormal"><font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif;"> [Fn.10] Counterintelligence operatives specialize in the innovation and concealment of an extraordinary range of insidious means and methods designed "towards dismantling and eliminating [the Outlaws MC] and their membership through the application of unique investigative techniques." Quoting the Midwest Outlaw Motorcycle Gang Investigators Association (MOMGIA) website at: www.midwestomgia.org (accessed September 1, 2014)(now removed). The MOMGIA and similarly situated enterprises, such as the MCIO and IOMGIA, are thinly veiled vigilante groups aimed squarely at preventing the exercise of First Amendment rights. They have an undaunted, almost fanatical zeal to possess "colors" and other memorabilia of outlaw motorcycle clubs as trophies and for use as props in murderous "investigative techniques." (Examples of this phenomena will be coming soon).</span><br /></font>
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Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-8800732027438850736.post-68229681572469913552018-10-30T19:13:00.009-07:002020-08-11T06:09:55.196-07:00Jurors Beware: prosecutors routinely compromise the truth-seeking process of our criminal justice system by introducing misleading and perjurious testimony<h2 style="text-align: left;"><b><span face="" style="font-family: georgia, "times new roman", serif; font-size: large;"> </span><span face="" style="font-family: georgia, "times new roman", serif; font-size: x-large;"> November 25, 2019<br /></span></b><b style="background-color: white; text-indent: 48px;"><span face="" style="font-family: georgia, "times new roman", serif;"><font size="5" style="font-family: georgia, "times new roman", serif;"><font color="#444444"> </font>Posted by the One Percenters</font></span></b></h2><div><br /></div><div><font face="georgia"><span style="font-weight: normal;"><span face="" style="font-family: georgia, "times new roman", serif;"><font> </font> Courthouses are usually adorned with a statue of a blindfolded woman holding a set of scales which is supposed to represent that justice is blind.</span></span><span face="" style="font-family: georgia, "times new roman", serif;"> Meaning that the law should be applied fairly and evenly to the competing parties and claims in each case. The function of State and Federal prosecutors is not merely to prosecute crimes, but also to make certain in each and every case that the truth is honored to the fullest extent possible during the course of a criminal prosecution. However, in reality, an alarming number of prosecutors in our country believe by virtue of their education and high-powered positions that they are something of a divine, elite class of people in our society, and as a result, systematically impose their will over the interests of justice.<a href="https://www.blogger.com/u/4/blogger.g?blogID=8800732027438850736#_ftn1">[Fn.1]</a> Government prosecutors are often self-promoters in a good-ol'-boy network with an ingrained us-versus-them mentality. And whether inspired by malice or excess of zeal, it is no secret that "prosecutors repeatedly have violated [their] duty in courtrooms across the nation… [and those] abuses have put innocent people in prison, set guilty people free and cost taxpayers millions of dollars in legal fees and sanctions." (Quoting Brad Heath & Kevin McCoy,<i> "Prosecutors' conduct can tip the scales,"</i> <i>USA TODAY</i>, 11A (Sept. 23, 2010)).</span></font></div><div><div>
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<font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif;"> A renown criminal defense attorney and Harvard Law School professor testified before the House Judiciary Committee that "[o]n the basis of [his] academic and professional experience no felony is committed more frequently in this country than the genre of perjury and false testimony." And as acknowledged by courts and former prosecutors across our country, prosecutors know full-on they are effectively beyond any meaningful judicial or political review for their insidious practice of serving-up misleading and/or perjurious witness testimony. For those that understand the justice system, the consequence of this jaw-dropping, despicable phenomena, is that innocent people are convicted every day in our country as a result of prosecutors playing God.<a href="https://www.blogger.com/u/4/blogger.g?blogID=8800732027438850736#_ftn2">[Fn.2]</a></span><br />
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<span face="" style="font-family: georgia, "times new roman", serif;"> One of the writers for this blog was on trial back in 1984 and facing 40 years in state prison. A combined total of approximately 30 to 40 witnesses testified (for both sides) over the course of a 3-day jury trial. During a court recess, two prosecutors believed they were alone in the men's room as they secretly confessed: "whatever side has the best liars will win this case." Fortunately, a jury of good citizens in Southeast Wisconsin saw right through the prosecution's "liars" and eventually found the defendant not guilty. </span><br />
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<span face="" style="font-family: georgia, "times new roman", serif;"><br /></span><span face="" style="font-family: georgia, "times new roman", serif;"> State and federal prosecutors present witnesses before the courts who are allowed, if not encouraged, to lie under oath. Before taking the stand at trial, Government witnesses are not instructed to testify truthfully. Instead, prosecutors direct them to "stay consistent" with their previous testimony to the grand jury and their interviews with law enforcement. A cooperating government witness in a high-profile federal racketeering trial summed up the mindset of the typical prosecution witness. During cross-examination, this informer for the government admitted that the concept of truth meant: </span></font></div>
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<span face="" style="font-family: georgia, "times new roman", serif;"><i><font face="georgia">"If the government said a frog was an elephant, it was an elephant."<a href="https://www.blogger.com/u/4/blogger.g?blogID=8800732027438850736#_ftn3">[Fn.3]</a></font></i></span></div>
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<u><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia">See Barry Tarlow, "<i style="font-weight: bold;">Perjuring informers brought to the bar,</i>" RICO Report,<b> </b>THE CHAMPION at 35 (July, 2002)(emphasis supplied). </font></span></u></div>
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<span face="" style="font-family: georgia, "times new roman", serif;"> When prosecutors knowingly sit quietly by while a witness they called lies on the stand, is at least the equivalent to a person standing beside you while your home is engulfed in flames that: (1) knows who started the fire; and (2) has the tools and ability to put it out, but chooses to stay silent and do nothing. This author has personally observed, on several occasions, prosecutors remaining silent (some even smiling) to what everyone else in the courtroom recognizes as outright perjury. Yet more egregious and truly conscience shocking, while complicit in perjury (as well as other crimes) the duplicitous prosecutor goes unpunished on a daily basis across our country.</span><br />
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<span face="" style="font-family: georgia, "times new roman", serif;"> In the end, jurors must summon the courage to challenge those in the government who put prosecutor's zeal and entitlement over truth, or who would put law enforcement interests over the interests of justice. </span></font></div>
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<font face="georgia"><span face="" style="font-family: georgia, "times new roman", serif;"><a href="https://www.blogger.com/u/4/blogger.g?blogID=8800732027438850736#_ftnref1">[Fn.1]</a> One example of their elite mindset, a federal prosecutor in Milwaukee, Wisconsin, commenced a "cavalier" discussion with a grand jury about his view of the laws in our country: </span><br />
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</font></div><blockquote style="border: none; margin: 0px 0px 0px 40px; padding: 0px;"><div><div style="text-align: left;"><span face="" style="font-family: georgia, "times new roman", serif;"><font face="georgia">"Federal law, in order to be a federal crime and to have a crime prosecuted in federal court as opposed to state court, there has to be what is kind of a stupid word, but you know lawyers; they have to come up with stupid words to make themselves look important. And since Congress, of course, is made of primarily lawyers, all our laws are written stupidly, and no one can understand them but lawyers, and that keeps lawyers employed." </font></span></div></div></blockquote><div>
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<span face="" style="font-family: georgia, "times new roman", serif;">Quoting <i>United States v. Van Engel</i>, 809 F. Supp. 1360, 1365 (E.D.Wis. 1992). </span><br />
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<span face="" style="font-family: georgia, "times new roman", serif;"><a href="https://www.blogger.com/u/4/blogger.g?blogID=8800732027438850736#_ftnref2">[Fn.2]</a> See Sidney Powell, <i>"Licensed to Lie: Exposing Corruption in the Department of Justice," </i>38 (2014)(Brown Books Publishing Group)("As a former assistant U.S. attorney of ten years, who served in the Department of Justice and taught there frequently, [Ms. Powell] knew how prosecutors were supposed to proceed. Doing the job right required a strong sense of honor, integrity, objectivity, and fairness. A federal prosecutor has immense, unbridled power along a broad spectrum of discretion. In the hands of the wrong people, the damage that power can cause is beyond measure. A prosecutor does play God."); see also <i>Limone v. United States</i>, 497 F. Supp. 2d 143, 189 - 192 (D.Mass. 2007)(During a 30-year cover-up, FBI agents' "imaginative direction and professional ingenuity," in developing a professional assassin's perjury in high-profile murder trial, "was known to, supported by, encouraged and facilitated by the FBI hierarchy all the way to the FBI Director."). </span><br />
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<span face="" style="font-family: georgia, "times new roman", serif;"><a href="https://www.blogger.com/u/4/blogger.g?blogID=8800732027438850736#_ftnref3">[Fn.3]</a> Based on his cooperation, this fable-spinning deal-maker cut a sweetheart deal with prosecutors which enabled him to keep a $5 million real estate development, his home worth $2 million, and hundreds of thousands (if not millions) of dollars in foreign bank accounts. In the end, the jurors selected in this case from rural Nevada "were no dupes." At the end of a six-week trial the jurors fully exonerated the defendant on all charges after only four hours of deliberations. When interviewed after the case, the foreperson said that in several straw polls, no juror voted to find the defendant guilty on a single count. (Excerpted from <i>"Perjuring informers brought to the bar," </i>at 35).</span><br />
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</div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-8800732027438850736.post-16738922285240670782018-09-19T20:46:00.030-07:002020-08-11T06:10:13.884-07:00JURY NULLIFICATION: what prosecutors and judges don't want the public and prospective or current jurors to know<br /><br /><div><br /></div><div> <font face="georgia"> When a citizen of our country is charged with a crime by federal or state prosecutors, there is a crucial check standing between the accused and the full might of the government along with the pitiless, inherent imbalance of power in criminal proceedings in general: the jury. Trial by jury is seen as the truth-seeking process to determine guilt or innocence. The criminal justice system, though, is stocked with former prosecutors now in judicial positions, along with highly technical rules of evidence that most jurors couldn't possibly comprehend. Taken together with the reality that most defendants lack the resources to battle the government on equal ground, which often prevents a defendant from presenting a viable defense, a jury of one's peers is the last safeguard between the defendant and a tyrannical government.<br /><br /></font></div><div><font face="georgia"> Judges instruct juries before they deliberate that they have a duty to follow the law as instructed by the court—this, of course, is misleading—and furthermore omits the jury's power to nullify which has been characterized as an aspect of the jury's role in representing the community, a check on overbroad, unjust, or improperly applied laws, and a necessary mechanism for civil disobedience. During the course of a trial, prosecutors and judges strive to conceal that "[w]hile juries have the power to ignore the law in their verdicts, courts have no obligation to tell them they may do so." Quoting United States v. Edwards, 101 F.3d 17, 19 (2d Cir. 1996); see also United States v, Carr, 424 F.3d 213, 219-220 (2d Cir. 2005)("Nothing in our case law begins to suggest that the court cannot also tell the jury affirmatively that it has a duty to follow the law, even though it may in fact have the power not to.")(emphasis added). <br /> <br /> <br /> </font><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://www.blogger.com/#" style="margin-left: auto; margin-right: auto;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgDoisg_pFspuQN6shwZE265sdHPBrMlbjOYjQqbWIV1f2s6eUPIHF6UC2ovtH6HdQ4-EMl6FtHiYYhn9Mvk36_mQ_xkjr_G-H3KYuvHI-4aeFiJSXNUeXaOwl-GYTIHfgBrIiHduo8SjFj/s1600/images.jpg" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;"><br /></td></tr></tbody></table><font face="georgia"> <br /><br /> <br /> </font><font face="georgia"> The common law jury has the absolute power to nullify, that is, act as judge of the law and the facts and render a verdict based on what it thinks is right. "Jury nullification" is defined as: <br /><br /></font></div><div> <font face="georgia">"A jury's knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself or because the result dictated by law is contrary to the jury's sense of justice, morality, or fairness." <br /><br /> </font></div><div><font face="georgia"> Quoting Black's Law Dictionary, 989 (10th ed 2014). Some examples of a jury's use of nullification may (1) result from a belief that the conduct at issue should not be criminalized, or, under the circumstances, should be legally defensible; (2) that the prosecutor's actions in investigating the defendant were excessive or outrageous; (3) that the law was extended or misapplied against this defendant because of his membership or association with a group continually harassed and targeted by over-zealous law enforcement; (4) that the crime victim(s) were in actuality the true instigators, or unbelieving; (5) that the defendant's conspirators who gained immunity to testify deserved to be prosecuted instead; (6) that the defendant's political goals or safe-guarding himself (and/or his friends and family) in violating the law are sympathetic or, even if not, were pursued by him with admirable integrity; and (7) that a guilty verdict will create racial strife more disturbing to the rule of law than an undeserved acquittal. <br /><br /></font></div><div><font face="georgia"> Jury nullification is also a consequence of "the great flood of exonerations" and "glaring truth that some prosecutors cheat and even break the law. It has been proved, repeatedly, that prosecutors across the U.S. have (1) concealed evidence that would benefit the accused; (2) fabricated evidence that would convict the accused; (3) made false statements to judges, juries and defense attorneys; (4) offered perjured testimony; (5) cut sleazy deals with jailhouse informants who will testify to anything in return for leniency; (6) employed junk-science 'experts' who mislead jurors; and (7) intimidated witness." Quoting John Grisham, THE WALL STREET JOURNAL, Consequences for Unethical Prosecutors, A16 August 13, 2018. <br /><br /></font></div><div><font face="georgia"> Juries have a right to send out questions during their deliberations to a trial judge requesting clarification concerning "the law on jury nullification." See e.g., United States v. Sepulveda, 15 F.3d 1161, 1189-1190 (1st Cir. 1993). In United States v. Bunchan, 626 F.3d 29, 33 (1st Cir. 2010), the trial judge said to the jury: <br /> "So, Ladies and Gentleman, let's turn to how you go about your business. As I told you, you don't have to follow my instructions anymore; in fact, that's the critical part of this. We expect you to, but, then, we send you into a room, we close the door, and we can't tell whether or not you're doing what we ask you to do." <br /> (Id.). In the end, courts have long recognized the undisputed power of the jury "to set an accused free for any reason or for no reason," see supra, 15 F.3d 1190, even if its verdict is contrary to the law as given by the judge and contrary to the evidence. If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justifies the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by their decision.<br /> <br /> <br /> </font><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://www.blogger.com/#" style="margin-left: auto; margin-right: auto;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhma1oDfoLyinwxaZyrjEIpxuKS5TgDhsQ9gLWsPXykaLiHqYpRuvKErZG6w8lBJH4mO6SuXAg6K91v-sqP5LuaZexFfC61FLxLtnKIV15CFMGEiM3CbFomUFY4vOBXxBZt8HIWmacRqA_B/s1600/null.jpg" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;"><br /></td></tr></tbody></table><br /><font face="georgia"> <br /> <br /> <br /></font> <br /></div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-8800732027438850736.post-86200249216133745072018-08-13T20:08:00.015-07:002020-08-11T06:17:03.493-07:00Washington Post article about Outlaws member Grasshopper 1%er Twenty-one years into his nearly 50-year sentence<h4 style="line-height: 1; text-align: left;"><font face="georgia" size="4" style="font-weight: normal; line-height: 1;"> </font></h4><span style="font-family: georgia;"> The graying man steps inside his stark cell in the largest federal prison complex in America. He wears special medical boots because of a foot condition that makes walking feel as if he's "stepping on a needle." He has undergone tests for a suspected heart condition and sometimes experiences vertigo.</span><div style="line-height: 1;"><span style="font-family: georgia;"><br /></span></div><div style="line-height: 1;"><span style="font-family: georgia;"> "I get dizzy sometimes when I'm walking," says the 63-year-old inmate, Bruce Harrison. "One time, I just couldn't get up."</span></div><div style="line-height: 1;"><div style="line-height: 1;">
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<span face="" style="line-height: 1;"><br /></span></font><span style="line-height: 1;"> In 1994, Harrison and other members of the motorcycle group he belonged to were caught up in a drug sting by undercover federal agents, who asked them to move huge volumes of cocaine and marijuana. After taking the job, making several runs and each collecting $1,000, Harrison and the others were arrested and later convicted. When their sentences were handed down, however, jurors objected.</span><br /> <br /><span style="line-height: 1;"> "I am sincerely disheartened by the fact that these defendants, who participated in the staged off-loads and transports . . . are looking at life in prison or decades at best," said one of several who wrote letters to the judge and prosecutor.</span><br /> <br /><span style="line-height: 1;"> In recent years, federal sentencing guidelines have been revised, resulting in less severe prison terms for low-level drug offenders. But Harrison, a decorated Vietnam War veteran, remains one of tens of thousands of inmates who were convicted in the "war on drugs" of the 1980s and 1990s and who are still behind bars.</span><br /> <br /><span style="line-height: 1;"> Harrison's crammed cell at the Federal Correctional Complex Coleman in Florida near Orlando is devoid of the clutter of life on the outside. The space he shares with another inmate has only a sink, a toilet, a bunk bed with cots, a steel cabinet, two plastic gray chairs, a desk and a bulletin board with a postcard of a Florida waterspout. </span><br /><br /><span style="line-height: 1;"> From a tiny window, he can see Spanish moss draped over trees in the distance.</span><br /> <br /><span style="line-height: 1;"> Forty-five years ago, Harrison served with the Marines in Vietnam. A machine gunner, he was shot twice and was awarded two Purple Hearts. When he came back, he felt as though he had nowhere to turn. He later joined a motorcycle group known as the Outlaws.</span><br /> <br /><span style="line-height: 1;"> Today, prisoners age 50 and older represent the fastest-growing population in federal correctional facilities. </span><br /> <br /><span style="line-height: 1;"> Harrison was approached by an undercover agent who was part of a law enforcement team trying to bring down the group, which had been suspected of illegal activity. He and fellow members of the club were offered a kilogram of cocaine to offload and transport drugs. He declined, saying none of them wanted to be paid in drugs.</span><br /> <br /><span style="line-height: 1;"> "I didn't want drugs, because I really wouldn't have known what to do with them," Harrison said in an interview. "We didn't sell them."</span><br /> <br /><span style="line-height: 1;"> But Harrison and the others took the job because the agents offered cash, and they needed the money. Over a period of several months, they would move what they believed to be real drugs more than 1,400 kilos of cocaine and about 3,200 pounds of marijuana.</span><br /> <br /><span style="line-height: 1;"> Harrison carried a gun for protection during two of the offloads. He didn't use it, but after authorities arrested him and fellow members of his group, he was charged with possessing a firearm while committing a drug offense.</span><br /> <br /><span style="line-height: 1;"> His 1995 trial in Tampa lasted four months. His lawyer at the time argued that "this was a government operation from beginning to end. . . . Everything was orchestrated by the government. . . . He was not a leader. The only leaders in this case, the only organizers in this case was the United States government."</span><br /> <br /><span style="line-height: 1;"> The jury, nonetheless, found Harrison and the others guilty of transporting the drugs.</span><br /> <br /><span style="line-height: 1;"> Harrison was sentenced to roughly 24 years for possessing cocaine and marijuana with the intent to distribute. The conviction on the firearms charge carried a 25-year penalty, meaning he is effectively serving a life sentence.</span><br /> <br /><span style="line-height: 1;"> "I am sincerely disheartened"</span></span></div><div style="line-height: 1;"><span style="font-family: georgia;"><br /><br /><span style="line-height: 1;"> "There's no doubt that that's a harsh penalty," said U.S. District Judge Susan C. Bucklew during the sentencing hearing. "But that's what the statute says, and I don't think I have </span></span><span style="font-family: georgia;">any alternative but to do that."</span></div><div style="line-height: 1;"><span style="font-family: georgia;"><br /><br /><span style="line-height: 1;"> "I don't have a whole lot of discretion here," she said at another point.</span></span></div><div style="line-height: 1;"><div style="line-height: 1; text-align: center;">
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<span face="" style="line-height: 1;"><br /></span></font><span style="line-height: 1;"> After Harrison and the others were sentenced, several of the jurors expressed shock to learn how long those convicted were to spend behind bars.</span><br /><br /><br /><span style="line-height: 1;"> "If I would have been given the right to not only judge the facts in this case, but also the law and the actions taken by the government, the prosecutor, local and federal law enforcement officers connected in this case would be in jail and not the defendants," juror Patrick L. McNeil wrote. </span><br /> <br /> <br /><span style="line-height: 1;"> Six jurors signed a letter requesting a new trial be ordered, saying that if they had been told by the court that they could have found that the government had entrapped the defendants, they would have found them not guilty.</span><br /><br /><br /><span style="line-height: 1;"> "Bruce Harrison had never been involved in unloading drugs," said his current lawyer, Tom Dawson. "He didn't arrange for any of these drugs. The government did."</span><br /> <br /> <br /><span style="line-height: 1;"> Andrea Strong, a childhood friend of Harrison, said he doesn't claim to have been a saint.</span><br /><br /><br /><span style="line-height: 1;"> "But, in a compassionate world, this man would not be less than halfway through a sentence for a drug offense that happened 20 years ago," Strong said.. "He would've done his time, paid his debt to society, and be released to his network of supportive family and friends."</span><br /> <br /> <br /><span style="line-height: 1;"> Along with tens of thousands of other inmates around the country, Harrison is applying for clemency under the Obama administration's program to release drug offenders who have been in prison for at least 10 years and whose cases meet certain criteria.</span><br /><br /><br /><span style="line-height: 1;"> "If I got out, I'd go back home and be with my three grandkids and help them out," Harrison said.</span><br /> <br /> <br /><span style="line-height: 1;"> Excerpts from "Aging population takes toll on U.S. prisons", by Sari Horwitz, Washington Post; photos by Nikki Kahn.</span></span></div>
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