Oakland California, USA (September 10, 2020) BTN - A federal magistrate judge signed off on the release of a high-ranking Sonoma Hells Angels member, who is facing charges that he participated in a plot to murder a fellow club member who had fallen out of favor with the club.
But the Thursday morning order by U.S. Magistrate Judge Virginia K. DeMarchi is not the end of the debate; the U.S. Attorney’s office is appealing the release order, meaning that the defendant, Jonathan “Jon Jon” Nelson, will remain at Santa Rita Jail for the time being.
If Nelson’s release is approved, he will be required to adhere to certain conditions; he is forbidden from interacting with other Hells Angels members or going to clubhouses. He will also be forbidden from using a computer or the internet and be limited to a flip phone.
Nelson, named by federal prosecutors as the president of the Hells Angels Sonoma Chapter, was indicted in 2017 as part of a large-scale investigation into the Hells Angels. Eleven club members — most of whom were tied to the Sonoma Club — were charged with racketeering and engaging in serious violent crimes, including murder.
But Nelson’s attorneys have painted him as a “father, son, coach, and small business owner” who is well-respected in the Sonoma area. One of the biggest defense points in favor of releasing Nelson was that he spent several months out of jail after the 2017 indictment.
He was detained in September 2018, when prosecutors filed new charges that made Nelson eligible for the death penalty. When the government decided not to pursue death in this case, Nelson’s attorney have moved for him to be released from jail.
“I believe one important fact in Mr. Nelson’s favor was his previous good performance while released in this case for over nine months on the previous indictment,” said Jai Gohel, one of Nelson’s lawyers. “Also, it is clear that the fact that Mr. Nelson no longer faces the death penalty was enough to tip the balance towards his release.”
Nelson is facing charges that he conspired with several other Hells Angels to murder Joel Silva, a former Hells Angels sergeant-at-arms who prosecutors say had fallen out of favor with his fellow club members. Prosecutors allege that Nelson lured Silva to the Fresno clubhouse, where another member shot him in the head.
Silva was illegally cremated at a nearby funeral home, according to prosecutors. Brian Wendt, the president of the Fresno Hells Angels chapter, is alleged to have pulled the trigger.
SOURCE: The Mercury News
22
Showing posts with label RICO. Show all posts
Showing posts with label RICO. Show all posts
Thursday, September 10, 2020
Friday, July 19, 2019
Pagan's MC: Ruling could toss out evidence in case
Providence, R.I. (July 19, 2019) BTN —In what could be a major blow to a criminal case that targeted two motorcycle clubs, a judge ruled a mass of wiretapped phone conversations should be tossed from trial.
The decision came after defense attorneys successfully argued the wrong judge signed off on an extension of the order to authorize wiretaps in the case.
On Wednesday, Superior Court Judge Netti Vogel ruled in favor of the defense, saying the wiretap extension was improperly signed off on and the evidence at the center of the case for many of the defendants could not be used at trial.
In May, state police, along with federal and local authorities, arrested 50 people in what authorities called the single largest take down in R.I. State Police history.
The raids were the result of a year-long investigation called Operation Patched Out, which focused on two motorcycle clubs – the Pagans and Kryptmen – operating in northwestern Rhode Island.
Related | Rhode Island grand jury indicts MC members and associates
Among those arrested was Deric “Tuna” McGuire, who police identified as the head of the Pagan's motorcycle club. McGuire was hit with 221 drug-related counts.
It’s unclear how much of the evidence could be affected. Kristy dosReis, a spokesperson for Attorney General Peter Neronha, did not answer that question, but said in an email, “We respect the court’s decision in this case and intend to appeal the decision to the Supreme Court.”
At issue is who signs off on the paperwork that allows investigators to listen in on phone conversations. By law, the presiding justice of the Superior Court is authorized to do so. In this case, Presiding Justice Alice Gibney did OK the order on the original request, but was unavailable when detectives asked for an extension.
Legal experts say the next senior-most judge is then supposed to take the responsibility, but defense attorneys in the biker case say that didn’t happen.
Prosecutors argued Gibney assigned a different judge because there was a conflict of interest with the next jurist in line. But the argument didn’t resonate with Vogel, who issued her decision from the bench.
Veteran defense attorney Jack Cicilline represents McGuire and was one of the attorneys who spotted what they saw as a mistake in evidence gathering and filed the motion. His son, John M. Cicilline, represents Yevgeniy Mazo, of North Providence – known as “the Russian.” John Cicilline said he believes it will be a “significant amount” of the evidence that will have to be tossed from the case.
“This ruling could impact 20-something defendants,” said Cicilline.
Some defendants had already pleaded no contest in the case.
At the time of the arrests, the state police said several rival clubs were competing for turf in Rhode Island, “resulting in increasingly violent confrontations – including three shootings that were never reported to law enforcement.”
Because of the growing tensions, Lt. Col. Joseph Philbin said at the time the decision was made to execute the search and arrest warrants. Police said they obtained the warrants with evidence detailed in a 1,300-page affidavit, including thousands of phone conversations and text messages.
The Raids took place in several communities, including Woonsocket.
It is unclear when the state’s high court will take up the appeal.
SOURCE: WPRI 12
The decision came after defense attorneys successfully argued the wrong judge signed off on an extension of the order to authorize wiretaps in the case.
On Wednesday, Superior Court Judge Netti Vogel ruled in favor of the defense, saying the wiretap extension was improperly signed off on and the evidence at the center of the case for many of the defendants could not be used at trial.
In May, state police, along with federal and local authorities, arrested 50 people in what authorities called the single largest take down in R.I. State Police history.
The raids were the result of a year-long investigation called Operation Patched Out, which focused on two motorcycle clubs – the Pagans and Kryptmen – operating in northwestern Rhode Island.
Related | Rhode Island grand jury indicts MC members and associates
Among those arrested was Deric “Tuna” McGuire, who police identified as the head of the Pagan's motorcycle club. McGuire was hit with 221 drug-related counts.
It’s unclear how much of the evidence could be affected. Kristy dosReis, a spokesperson for Attorney General Peter Neronha, did not answer that question, but said in an email, “We respect the court’s decision in this case and intend to appeal the decision to the Supreme Court.”
At issue is who signs off on the paperwork that allows investigators to listen in on phone conversations. By law, the presiding justice of the Superior Court is authorized to do so. In this case, Presiding Justice Alice Gibney did OK the order on the original request, but was unavailable when detectives asked for an extension.
Legal experts say the next senior-most judge is then supposed to take the responsibility, but defense attorneys in the biker case say that didn’t happen.
Prosecutors argued Gibney assigned a different judge because there was a conflict of interest with the next jurist in line. But the argument didn’t resonate with Vogel, who issued her decision from the bench.
Veteran defense attorney Jack Cicilline represents McGuire and was one of the attorneys who spotted what they saw as a mistake in evidence gathering and filed the motion. His son, John M. Cicilline, represents Yevgeniy Mazo, of North Providence – known as “the Russian.” John Cicilline said he believes it will be a “significant amount” of the evidence that will have to be tossed from the case.
“This ruling could impact 20-something defendants,” said Cicilline.
Some defendants had already pleaded no contest in the case.
At the time of the arrests, the state police said several rival clubs were competing for turf in Rhode Island, “resulting in increasingly violent confrontations – including three shootings that were never reported to law enforcement.”
Because of the growing tensions, Lt. Col. Joseph Philbin said at the time the decision was made to execute the search and arrest warrants. Police said they obtained the warrants with evidence detailed in a 1,300-page affidavit, including thousands of phone conversations and text messages.
The Raids took place in several communities, including Woonsocket.
It is unclear when the state’s high court will take up the appeal.
SOURCE: WPRI 12
Tuesday, October 16, 2018
Snitch Files: An ATF agent has a story to tell
Los Angeles, California (October 16, 2018) BTN — The
following is an account of an ATF agent and his skewed view of motorcycle
clubs. What is not amusing is him betraying the trust of the clubs he prospected and joined. His story
is presented here, unadulterated and in his own self glorifying words.
ATF agent Darrin Kozlowski went deep undercover to take down
the Hollywood chapter of the Vagos
By Mike Kessler and Darrin Kozlowski
On and off for almost 20 years, I investigated and infiltrated outlaw motorcycle gangs as an agent for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. I wasn’t the only agent to go deep undercover, and I don’t claim to be the best. But the work I did took a lot of bad guys off the streets. I infiltrated the Warlocks in West Virginia in a case that took me up and down the East Coast—Florida, South Carolina, Brooklyn, the Bronx—and resulted in 57 federal arrests (including four Hells Angels) and 49 search warrants executed in six states that turned up 175 firearms (including two sawed-of shotguns and one machine gun), one silencer, one pipe bomb, and body armor.
How I Infiltrated One of L.A.’s Most Vicious Motorcycle Gangs—and Lived to Talk About It
By Mike Kessler and Darrin Kozlowski
On and off for almost 20 years, I investigated and infiltrated outlaw motorcycle gangs as an agent for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. I wasn’t the only agent to go deep undercover, and I don’t claim to be the best. But the work I did took a lot of bad guys off the streets. I infiltrated the Warlocks in West Virginia in a case that took me up and down the East Coast—Florida, South Carolina, Brooklyn, the Bronx—and resulted in 57 federal arrests (including four Hells Angels) and 49 search warrants executed in six states that turned up 175 firearms (including two sawed-of shotguns and one machine gun), one silencer, one pipe bomb, and body armor.
Here in L.A., I infiltrated the Mongols for three years on
what was ATF’s most successful undercover case to date and remains the largest
single enforcement operation we’ve done. We prosecuted more than 100 members of
the Mongols on weapons and drug charges; 79 of those members were hit with RICO
charges, too.
Through all these cases, I came to learn what it’s like to
be inside the heads of the guys who ride with outlaw motorcycle gangs—their
mentality, their conversations, how they perceive the public and their enemies,
and their lack of regard for law enforcement and for innocent lives when
there’s a confrontation. Like in Laughlin, Nevada, in 2002, when the Mongols
and Hells Angels opened fire on each other in a casino, or the 2015 Twin Peaks
restaurant shoot-out between the Bandidos and Cossacks in Waco, Texas.
Even though I’m retired, there’s a lot I still can’t
say—partly for my own safety and partly because it would be potentially
dangerous for other agents. But there’s one case I can talk about: my
infiltration of the Vagos in L.A. back in 1997. It was my first long-term
undercover case—in Los Angeles or anywhere—and it nearly got me killed.
The Vagos were as bad as outlaw motorcycle gangs got—right
up there with other “one-percenter” gangs like the Hells Angels and the
Mongols. If you look closely at the patches on their jackets, you’ll see a
diamond with “1%” in the middle. That’s their way of saying they don’t live
like the rest of us. Some of these guys had rap sheets as long as a traffic jam
on the 101. We’re talking about drug running, illegal weapons sales, and any
other moneymaking schemes. Of course, they never refer to themselves as
“gangs,” and they might have some regular guys as members. Some even hand out
toys at Christmas. But that’s to enhance their public image. That diamond is
there for a reason. The Vagos had hundreds of members and dozens of chapters,
stretching across the country and into Mexico. And they were growing fast.
That’s the outlaw motorcycle gang way: Recruit, grow, and take over more
territory by any means necessary. These are the same dudes who’d one day kill a
Hells Angel in public up in Reno, and then murder someone else in public in
Bakersfield. We wanted to go deep and pull them out by the root.
FALSE START
I don’t know what surprised me more, that Junior had been
killed or that his girlfriend knew who I was. I’d never met the woman—didn’t
even know her name, and, to my knowledge, she didn’t have mine. I’d been
cultivating her boyfriend as an informant when he got run down by a car on
Sunset. He was riding a Harley I’d arranged for him to use, and the car hit him
so hard it lopped off one of his feet. Died on the spot.
This was in early ’97, a few months after I’d transferred to
L.A. from ATF’s Milwaukee office. I was an ambitious 31-year-old agent with a
wife, a kid, and another on the way. Back in Wisconsin, I’d taken an interest
in working outlaw biker gangs, so I learned to ride on a friend’s Honda, then
managed to get a Harley that ATF had seized, a Fat Boy with straight
handlebars, no windshield, no saddlebags. I rode to biker bars and events. I
let my hair grow, dressed the part, tried to understand the scene. I’m
originally from Chicago’s South Side—a tough, working-class part of the city. I
knew how to be around bad guys because I grew up with a lot of them. I’m not sure
if I blended in because I was fairly quiet and soft-spoken, or if I got that
way in order to blend in.
After four years in Milwaukee I was reassigned to California
and brought the bike, Wisconsin plates and all. My goal, the one I proposed to
my new bosses, was to investigate and infiltrate the one-percenters of Greater
L.A. After arriving, I got in touch with the L.A. County Sheriff’s Department.
They’d been keeping tabs on these guys. My contact there told me about a
potential confidential informant—a CI—named Junior. He said Junior’d tried to
join the Hells Angels but had been “run down the road” for some reason. I got
Junior a bike and gave him some cash. We started in Hollywood, where he had a
connection with the local Vagos chapter.
The name is Spanish slang for someone who does nothing all
day—a vagrant or vagabond. They formed in the 1960s in the Inland Empire, and
while they do have a Hispanic presence—the Venice chapter back in the day was
pretty much entirely Hispanic—they’re mostly white; no blacks. The horned
creature on their patch is Loki, a god of mischief in Norse mythology.
But you don’t get to wear that logo as a “full-patch” member
without putting in a lot of time. Unless you have enough street cred or
contacts to get “windowed in,” the first step is to hang around until they give
you permission to refer to yourself as, well, a “hang-around.” Make it through
that phase, and you become a “prospect.” Then they give you the “rocker”—the
bottom part of the patch that goes on the back of a vest—which means they’re
gonna really test you to get the full patch. Junior wasn’t an official
hang-around, but I was playing the long game: I wanted him to get his patch,
and he’d be able to vouch for me so I could try to get my patch, too.
Junior had some contact with a guy in the Vagos’ Hollywood
chapter named Chuck [names have been changed], a short, beer-bellied dude with
black-framed glasses. He wore a painter’s cap with the brim flipped up, had ink
from neck to toes, and ran a tattoo shop in West Hollywood. Junior started
hanging around there, and he was a good CI—showed up on time, took license
plate numbers, eavesdropped, reported back to me. In fact I’d seen him a few
hours before the accident, at a bar on the Strip where he gave me some information
and I gave him some cash.
I was sitting in my office downtown the day after Junior
died when his girlfriend called. I offered my condolences and hung up,
wondering if I was screwed. “Junior must have talked about me,” I thought. Did
his girlfriend know any of the Vagos he’d been hanging around with? Did he tell
her he was working with ATF? If the same thing happened today, I’d call of the
operation. But I was young, and ATF hadn’t done many of these biker gang
infiltrations; there wasn’t a lot of official protocol. So I decided I’d pay
Chuck a visit.
GRILLED
I parked my bike outside the tattoo shop. I knew what Chuck
looked like from the sherif’s department’s binders, but I had to fake it and
ask for him inside. I introduced myself as Koz, which is my real nickname—short
for Kozlowski—but I figured if anyone asked, I could say that it was short for
“Kamikaze” because of how I rode my Harley or some bullshit like that. I wanted
a name that I responded to instinctively.
I told Chuck I was a buddy of Junior’s, that I knew he’d
been hanging around the Hollywood Vagos, and that I had some bad news. Chuck
knew about the crash on the Strip but not that Junior was involved. We talked
for a while, and he told me to come back in a few hours. When I showed up again,
Chuck got on his bike and had me follow him east to their clubhouse—basically a
two-level cinder-block warehouse at Hollywood and Kenmore—where I rode in and
somebody locked the chain-link gate behind me. There were about ten guys, their
bikes all lined up. Chuck introduced me. “Wait here,” he said and went in the
building with the other guys.
An hour or so later, someone came out and called for me.
“Get in here.” As I walked inside, this heavily fortified metal door slammed
behind me, and they patted me down for a wire. Now I’m scared shitless, locked
in a windowless building with a bunch of outlaw biker dudes who were very
likely convicted felons. I had no cover team, and I didn’t have much in the way
of what we call a “backstop”—a story about who I am or what I do for a living,
though I was at least carrying a driver’s license and Social Security card
under my alias.
They patted me down and found my service weapon in my boot,
a SIG Sauer semiautomatic. Back then, the LAPD carried Berettas, so I wasn’t
too concerned that they’d suspect me of being undercover. Even though their
guns were on a table, they let me keep mine. Next thing I knew, I was being
interrogated. Four Vagos kind of stood out. There were Tiny Dan and L.A. Lenny,
who happened to be badge-carrying L.A. County juvenile probation officers.
There was Lars, the chapter president, who was super fit from training as a
boxer and whose wardrobe consisted of jeans and a white T-shirt. And then there
was Big Rick, a large guy in his late thirties or early forties with a long
ponytail, a Fu Manchu mustache, and a “nobody fucks with me” air of authority.
He held the title of international sergeant at arms. Outlaw biker gangs are
organized like the mafia or the military, which makes sense, since the gangs
were started by ex-military guys after World War II.
I was shaking so hard I couldn’t even work the kickstand on
my bike. I just dropped it.
So there I was, in what’s essentially a bunker, and I knew I
was shaking. I was pretty sure they knew it, too. Big Rick did most of the
talking.
“How did you know Junior?”
“Why are you carrying a gun?”
“Why do you have Wisconsin tags on your bike?”
This went on for at least 30 minutes, and I had to wing it.
Big Rick took notes the whole time, and I was trying to keep my story straight,
thinking, “What kind of outlaw takes notes!?”
At one point, Big Rick said to me, “We have reason to
believe that Junior was working with ATF.”
It felt like my head went completely sideways. He didn’t say
“LAPD” or “the cops” or “the feds.” He said “ATF.” I have no idea what came out
of my mouth next, except that it was pure bullshit. I wasn’t thinking about my
wife or my kid or my kid on the way. I was focused on not getting a bullet in
the head.
Whatever I said satisfied them. When we got back outside the
building, they told me they were going to a bar and that I should follow. They
got on their bikes and turned east on Hollywood. I turned west, gunning it to
the 101 and the 170 into North Hollywood, where two ATF agents waited for me in
a parking lot. I was shaking so hard I couldn’t even work the kickstand on my
bike. I just dropped it.
Maybe the Vagos knew someone in the LAPD who pulled the VIN
off Junior’s bike and linked it to ATF. In any case, I figured it was a lost
cause. But a week later my pager went off. It was Big Rick. I had more bravado
on the phone: “You’re probably calling to tell me you checked into my story and
learned it’s all bullshit. And guess what? You’re right. You guys had some hair
up your ass about who I am, talkin’ about cops and ATF and a bunch of other
nonsense. I don’t know any of you, and I had no reason to trust any of you, so
I fed you some bullshit and got the hell out of there. I didn’t know where you
were going or if you were gonna take a pipe to my head or what. And you know
you’d have done the same damn thing.”
Rick didn’t seem fazed. “Hey man,” he said, “I’m just
calling because we’re having a function this weekend at the clubhouse. We want
you to come back. But leave your gun at home.”
This meant one of two things: Either they were gonna let me
become a hang-around or they were gonna kill me.
AFTER HOURS
The Hollywood chapter, which had about ten members who lived
all over L.A., threw a regular party called Green Hell. (Sometimes the Vagos
refer to themselves as Green Nation.) Plus Loki has sort of a Satanic vibe,
what with his horns and all. They also flaunt the number 22, since “V” is the
22nd letter in the alphabet.
Green Hell went from 2 a.m. to 6 a.m. at the clubhouse. It
was a moneymaker. The guys would go to bars and strip clubs, recruit guests,
and offer late-night work to the strippers. There was a cover charge and a cash
bar, a pool table, a couple of stripper poles. It drew a big crowd. Hollywood
people always showed up. The band Matchbox 20 came one night. The Guns N’ Roses
drummer, too. Even a few movie stars came. People liked the underground feel. I
don’t think most realized that it was a Vagos party or that if things jumped
off, there could be serious violence.
My job was to stock the bar, watch the gate, work the door.
At one Green Hell, a guy from the Armenian Power gang was making trouble, and
when we tried to throw him out, he put up a fight. I knew I had to put hands on
him to avoid blowing my cover. A few of us escorted him to the street and threw
him into a parked car, which caused his head to smash the side-view mirror. A
few days later, during church—what outlaw motorcycle gangs call weekly chapter
meetings—a bunch of Armenian guys came to the clubhouse when I was watching the
gate. One of them said, “I wanna talk to Lars.” Lars came out, they walked down
the block, and within a few minutes they’d brokered a peace deal. Everything
was cool. A few months later, in the parking lot of a nearby restaurant where
they all hung out, the Armenian guys showed me a trunk full of machine guns.
On another church night, I was outside by the gate when I
looked up and saw a car rolling by. Then a hand with a gun emerged from the
sunroof. Blap-blap-blap-blap-blap! I heard the zing of a bullet as it went past
my ears. We never figured out who it was.
By that point it was late spring, and I’d gotten more
backstops in order: a place to live, some address history. My Harley had
California plates, and I had a truck registered to my undercover name. I’d
rented a little apartment in a North Hollywood fourplex near Victory and
Lankershim with its own garage. I’d park my ATF vehicle, a small GMC truck, a
few blocks away and walk to my undercover place and slip in through the alley.
Sometimes Vagos would come by to hang out or see what I was up to. I had an ATF
cover team in place about 50, maybe 60 percent of the time, doing drive-bys,
but a cover team can’t really save you in this type of role; it just keeps an
eye out from time to time and cleans up if things go bad.
My best friend from the academy, Frank D’Alesio, was doing
the same sort of infiltrating with the Vagos in Las Vegas at the time. It was a
coincidence, but we used it to our advantage. Being an Italian American from a
Rust Belt city with a mafia presence, Frank portrayed himself as a connected guy
with side hustles across the country. He told them that he had a business
associate from back East named Koz who was hanging around with Vagos in
Hollywood, and I told the Hollywood Vagos about Frank. The Vagos have a rule
that’s basically “if it doesn’t have to do with the club, it’s no one else’s
business.” Frank and I figured if we followed the rules, maybe they’d respect
us enough to do business together.
We would talk at night to keep our stories straight. Pretty
soon Frank and one of his informants were making runs to L.A. We’d see each
other at Vagos functions, go on errands together—taking packages from Point A
to Point B, that kind of thing. We knew better than to ask what was in the
packages; it was way too soon for that.
The head of the entire Vagos organization was a
scraggly-haired, bald-domed guy called Whitey who was in his fifties and wore a
cowboy hat and Fu Manchu. He looked like the comedian Gallagher, or a clown,
which is funny because he’d brag that he was the first person to play Ronald
McDonald in a commercial. He lived in the San Gabriel Valley. I remember one
time he made me and Frank try to sell a bunch of videos of him riding around on
a motorcycle. Anything to make money for the gang. We took the tapes to ATF,
got some cash, and brought it back to Whitey.
THREADING THE NEEDLE
By month three of my hang-around phase, I’d seen
plenty—felons in possession of firearms, guys using or selling drugs, the two
probation officers associating with known felons involved in a criminal enterprise.
I watched and listened and filled out reports as I got to know some of the
Vagos. Big Rick would have me to his house in Covina, where he had a lot of
weapons. We’d go drink beer and play darts. He was kind of my sponsor, my main
point of contact, not unlike Al Pacino in Donnie Brasco. (My original
contact—Chuck from the tattoo shop—wound up moving away.) I liked Rick, and I
have to admit it felt good to have his confidence in me. People ask if I ever
felt conflicted about tricking these guys. Sometimes I did, but you have to
reel yourself in and remember they’re part of a criminal organization.
One weekend in the summer of ’97, about four months after
becoming a hang-around, I was with a bunch of them headed to Las Vegas for a
big officers’ meeting, which happens maybe once a year. They ride in tight
formation, wheel to wheel and basically shoulder to shoulder—ranking members up
front, rank-and-file in the middle, followed by prospects, and finally the
hang-arounds in the back, choking on exhaust and dust. And they ride fast. When
you see a pack of them on the highway, there’s a good chance they’re going to a
meeting, unless they’re out to show their presence and mark territory. Or they
could be on a “run” to a fund-raiser where they’ll take over a park or
campground, hand out fliers, charge a cover, sell food and beer—it’s basically
a bake sale for bad guys.
On that weekend in Vegas, the Vagos rented out a VFW hall.
Whitey, Lars, Chuck, and Big Rick were there. So was Frank, since he was local.
We knew we were close to becoming prospects because they’d made us fill out
applications. That’s another weird thing: Outlaw biker gangs make the path to
membership pretty damn official. They do background checks. You give them a
Social Security number, driver’s license—all sorts of stuff, including a fee,
which goes toward a private investigator. By chance, I met the PI vetting me.
He was hanging around with some Vagos, and when I introduced myself, he was
like, “Yeah, man—I know who you are.”
At the VFW hall, Frank and I weren’t allowed to hear the
others talk business. We sat in another room, waiting to be called in. I
believe I went first. As I walked in, I was facing all the high-ranking
officers. They asked, “Are you willing to kill for the club?” They more or less
played head games with me to see what I’d say and to test my commitment. But
after a few minutes, they eased up and gave me my bottom rocker—the part of the
patch that says “SoCal” on it.
It was official: I was a prospect. When they were done with
me, they called for Frank and did the same routine on him. Even though you can
wear what you want, outlaw motorcycle gang members always wear a denim or
leather vest. It’s basically the uniform. The Vagos told me and Frank we had 30
minutes to get the rockers on our vests, so we found an upholstery shop nearby
and had our bottom rockers sewn on. Later, when I was with the Warlocks, I was
ordered to carry a sewing kit. I think one-percenters are the only outlaws on
the planet who keep a needle and thread handy.
LOCKED UP
Being undercover is a terrible way to live. You actually
have three lives: your undercover persona, your family persona, and the persona
as a law enforcement officer, doing the paperwork and acting like a respectable
civil servant. Even though I knew management had my back, dealing with them was
the hardest part. They wanted results faster than I could deliver, and they
didn’t understand—not in any real way—that every time I was with the Vagos I
could have wound up dead. And at the same time I was wondering if I was gonna
get whacked, I had to take mental notes about everything I was seeing and
hearing—the guns, where I was told to take a package, who’s in possession of
what illegal substances. The only reason it didn’t drive me insane was because
I was too busy trying to juggle it all, to keep it straight and survive.
Once you’re a prospect, they own you, especially if you
don’t have a straight job. I wished I’d made a real job part of my backstory.
They thought my hustle with Frank was the extent of it, so they figured I had
loads of free time when, really, I had a family at home. They called me a lot.
It could be anything from “Hey, prospect, cut my grass” or “Hey, prospect, take
this package over to Big Rick’s place” to just hanging out. Saying no wasn’t an
option.
I was missing doctors’ appointments for the kids, coming
home too tired to do dad duties, and making my wife deal with the whims of my
undercover work. I knew it was tough for her. Later, when I traveled back East
to infiltrate the Warlocks, I’d be gone for months at a time, which put a huge
strain on my family life. My long shaggy hair, goatee, grubby clothes, and
steel-toed boots didn’t help, especially in the suburbs, where I lived during
those cases. I can’t tell you how many times I showed up at my kids’ school
functions only to see parents and teachers shy away from me. If I wanted to lie
low, I’d dress a bit nicer, but I was hardly clean-cut. When I infiltrated the
Mongols in L.A., I got fully sleeved out with tattoos, so blending in as a civilian
got even harder.
Some Vagos, mostly guys from the San Fernando Valley and San
Gabriel Valley chapters, used to hang out at a bar near Sunland and Foothill
boulevards in the Tujunga area. The owners supposedly didn’t like them wearing
their patches in the place and gave them a hard time. So that juvenile
probation officer, Tiny Dan—he was obese, with close-cropped hair and a dark
goatee— decided, “Let’s go to this bar and document how they’re harassing us
and discriminating against us.” The idea was to file a lawsuit and make some
money. About a dozen of us rolled to this bar after meeting up and establishing
the ground rules. One rule was “No weapons of any kind.” The thing is, since
becoming a prospect I’d begun secretly carrying my gun again. My thinking was
“If shit breaks bad and I’m supposed to help these guys or defend myself, I
don’t want to be caught flat-footed.”
We walked into the bar, and the Vagos had a chip on their
shoulder from the jump, looking to stir shit up, talking with the bartender
about wearing their colors. Somebody must have made a call or tripped an alarm
because LAPD showed up within minutes—multiple cars, lights flashing. They
brought us outside one by one, lined us up in front of the bar, and started
patting us down. One of them found my gun tucked in my waistband and called
out, “Gun!”
As I was being cuffed I looked down the line and the Vagos
looked at me like, “What the fuck, Koz!? We said, ‘No guns.’ ”
I was the only guy who got arrested, and I had to make it
look legit. A neighbor of mine happened to be a ranking LAPD officer based in
the Foothill station. He knew I was ATF, but he didn’t know I was undercover
until I told him everything in my cell. Even though I had an alias, a
fingerprint check would have turned up my real identity because it’s
cross-referenced with an FBI database. Tiny Dan also knew a girl at the front
desk, which I learned only later; if she’d gotten my real identity, she
could’ve spilled the beans. But Dan came and bailed me out the next morning.
The whole night, my wife was at home, wondering why she hadn’t heard from me.
When I finally saw her, she said, “I see that you’re not dead. So if you
weren’t in jail, you’ve got some explaining to do.”
Before I went to court, my ATF colleagues met with the
judge, and he agreed to go along with it to make things look by the numbers. In
court, he sentenced me to two years of probation and time served at the
Foothill station for carrying a concealed weapon. The whole episode actually
gave me more street cred, but I hadn’t forgotten about Junior’s girlfriend or
the grilling I’d gotten a few months earlier.
PATCHED IN
By the fall of 1997, about seven months into the case, Frank
and I had already been getting hints that we were going to get our full patches
when all the Vagos met up at the next national run. This was good news. The bad
news? Rumor was that it’d be in Mexico. Working on foreign soil as a federal
agent is a bureaucratic nightmare. ATF would have had to notify the Mexican
authorities, who could be corrupt or incompetent or simply unwilling to let us
work there. And even if we thought we could pull it of, we still had to run it
through the proper channels in D.C. We asked, “Hey, can guys in an undercover
role dip in and out of Mexico?” The answer wasn’t only no, it was “Hell no!”
The easiest thing would have been to go regardless, hope
nothing happened, and come back without telling anyone. But if we got caught,
our careers would be over. Frank and I decided our only option was to come up
with an excuse not to go. At the time, ATF was part of the U.S. Treasury
Department, which had its own federal criminal database. We managed to get
something put into the system that red-flagged our aliases for suspicion of
trafficking marijuana from Mexico into the U.S. near Brownsville, Texas. That
way we could tell the Vagos, “Hey, we got red-flagged a while back and can’t
cross the border.” And if they had a source with access to the system, it’d
look true.
Fortunately, at the eleventh hour, the national run wound up
being slated not in Mexico but in Fontana, near San Bernardino. That happens to
be where the first biker gang, the Hells Angels, was founded; in nearby
Redlands, a gang called Psychos got started before some of its members split
off and formed the Vagos. For whatever reason, Frank, his CI, and the other
Vegas guys didn’t go to Fontana, but a hundred Vagos from other chapters made
the run to this large property with a long dirt driveway. I worked security in
front, bored as hell, watching my cover team drive by now and then. Finally
someone from the gathering yelled, “Prospect, get back here. And bring your
bike.”
I got on my Harley, and as I rode down the driveway the gate
closed behind me; up ahead, they all stood in a horseshoe formation, blocking
me. Someone yelled, “Get off your bike, prospect!” I’d barely put the kickstand
down when they started pushing, shoving, slapping, even punching me. I couldn’t
understand what was happening. I was thinking, “Did I do something wrong? Do
they know I’m an undercover cop?” I was glad I wasn’t wearing a wire, but
mostly I was thinking, “If this gets bad, just claw your way over that fence to
the street! Don’t let yourself fall to the ground with a hundred guys trying to
stomp you with steel-toed boots.”
Lars, the Hollywood chapter president with a boxer’s build,
was in front of me, pushing, yelling stuff I could barely process, like, “You
fucked up, Koz! First you got rough with the Armenian. Then you got people
coming around shooting at you. Then you get arrested for possession when we
agreed not to carry weapons. You’re fucking trouble, man!”
I tried to stick up for myself without getting physical or
making anybody angrier. I’m like, “That’s fuckin’ bullshit, Lars. I did what I
needed to do.”
Then after a minute or two—it felt like hours—it all came to
a stop. Lars handed me my full patch, grinned, and said, “Get that patch on.”
Everybody started cheering.
When we left, my cover team was watching for me, assuming
I’d be at the back of the pack. But I was closer to the middle. After they
finally spotted me, they were high-fiving one another. “He got his patch! He’s
in!”
UNMASKED
I was excited, too. I’d be able to attend church meetings,
learn more about the inner workings of the gang. The six or seven months of
work—the stress on me and my family—all of it was paying off.
Halloween came soon after I got my patch, and there was a
party at a member’s house in the San Fernando Valley, around Reseda and
Parthenia. Some Vagos lived in two or three houses on the same block, and the
party was hopping. I was even kind of enjoying myself. But then Lars, Tiny Dan,
and a smelly, raspy-voiced guy named Pig Pen Pete found me and said, “We need
to talk.” We went to another backyard, which was empty, and Dan, the probation
officer, said something like, “Hey, we know you got patched in, but we still
have some checking out to do. I’m going to have to roll your fingerprints.” He
was acting like it was a formality they forgot about, so I wasn’t getting too
hinked up. “Sure man, whatever you need,” I said, trying to play it cool.
Dan pulled out an ink pad and fingerprint cards and took my
fingerprints, asking me, “Do you go by any other names?” I told him no, and
then we walked back to the party.
A few days later, I parked my government vehicle down the
street from my undercover apartment in North Hollywood and walked down the
alley so I could enter through the back door as usual. My undercover truck and
Harley were in the garage.
No more than five minutes after I arrived, there was a knock
at the door. It was Lars. “Hey, we gotta call Big Rick,” he said, sounding kind
of cold.
“Alright, what’s up?”
He said, “Let’s just get Rick on the phone.”
When I put the phone to my ear, Big Rick said, “What were
you doing today?”
I’m like, “I don’t know. I was out and about.”
Rick’s like, “Oh, yeah? What were you doing?”
“Taking care of some business, nothing related to the club.”
Then he asked, “Well, what car were you in?”
I told him I drove my truck, and he said, “I don’t think you
were in your truck.” Turns out Lars and some guys were at my place earlier in
the day. “They went in your garage and saw your truck and bike.”
I started backpedaling: “OK, well, yeah, you’re right. I had
a different car.”
“What kind of car was it?”
“It’s really none of your concern. I was in someone else’s
car, taking care of some stuff with other people. Nothing to do with the club.”
Rick told me to put Lars back on the phone, who didn’t say much
to Rick other than “Yeah…yeah…yeah.…” He hung up, turned to me, and said, “We
still got some concerns about who you are. Where’s your patch?”
I’m like, “Lars, are you kidding me?”
“We may be wrong about this,” he said, “and if so, we’ll owe
you an apology. But right now, I need your patch until further notice.”
I was pissed. I wasn’t about to let these assholes blow up
all my hard work. I doubled down: “This is bullshit. This is amateur hour. Why
didn’t you sort this shit out before? Is this some kind of joke?”
But Lars said, “Don’t make contact and don’t come around the
clubhouse.”
At one of the SFV houses, we found a human skull wrapped in
a bag. It wasn’t decorative; it had material on it.
So I gave him my patch, vest and all. He was kicking me out
of the Vagos two weeks after I was patched in and seven months into an
operation that had taken me away from my wife, my newborn, and my two-year-old.
Once I knew Lars was gone, I called my cover team, which rolled by to be sure
other Vagos weren’t outside waiting to kick my ass. Then they got me out of
there. For the next eight weeks or so, I was back at the office, helping put
together all the evidence we had on these guys so we could make some arrests
and, hopefully, weaken the gang.
Looking back, I was lucky. According to an ATF agent in San
Diego who’d heard it from his own CI, the whole thing could be traced back to
Junior, my own informant, and his girlfriend. She’d crossed paths with some
Vagos right after I was patched in, and she told them that Junior had been
working for the ATF when he died. She even gave them the business card I’d
handed Junior, which had my Wisconsin information on it. (I’d crossed out the
old phone number and written my L.A. number on it while I was waiting for new
cards.) So the Vagos put the pieces together, and according to the CI, they
were going to “take care” of me.
Out in Las Vegas, nobody suspected Frank of being
undercover. They actually thought he was my target and warned him, “Hey, your
buddy Koz out in L.A., he’s with the ATF and he’s been working you.” Frank
wound up on the phone with Big Rick and the Vagos president, Whitey, who said
something along the lines of “I think Koz needs to be eliminated.” At that
point Rick said, “I’m getting off this phone call right now,” and hung up.
Frank used me as an excuse to lie low and slowly drift away from the Vagos
without suspicion.
Over the next several months, we got warrants for Vagos in
L.A., Vegas, and San Diego, and we assembled teams of officers—ATF, LASD, LAPD,
and local law enforcement from other counties—to move on multiple locations.
That included Rick’s place, Lars’s place, Tiny Dan’s place, the Hollywood
clubhouse, and the San Fernando Valley houses from the night of the Halloween
party. The raids happened before dawn. I didn’t participate, but I was at the
SFV properties right after it all went down. Three Vagos were sitting
handcuffed on the sidewalk. Pig Pen Pete was one of them, and he started
yelling at me, calling me a motherfucker. All told, my work helped us make 13
arrests on everything from drug and gun possession in L.A. and Vegas to
possession of commercial-grade explosives down in San Diego. At one of the SFV
houses, we found a human skull wrapped in a bag. It wasn’t decorative; it had
material on it.
Frank and I received official recognition from headquarters
in D.C., and our work inspired enough confidence to help ramp up and improve
the undercover branch. It also helped us avoid making some of the same mistakes
again in future cases. Looking back, I did a lot of things wrong and made a lot
of mistakes. I was mostly flying by the seat of my pants, but that made me a
better undercover agent when I infiltrated the Warlocks and the Mongols.
After my Vagos infiltration, the Hollywood chapter lost more
or less half its membership. And when it started to pick back up, I worked
behind the scenes as a co-case agent and supervising CIs on a two-year
infiltration that netted several arrests across five Southern California
counties on charges ranging from drug and gun sales to street terrorism,
attempted murder, and murder. It wasn’t lost on us that the number of people we
put in handcuffs was 22. And if it wasn’t for my first case with the Vagos, my work—and
ATF’s—taking down major players in the Warlocks, the Mongols, the Hells Angels,
and the Aryan Brotherhood might not have landed indictments and convictions
numbering in the hundreds. We didn’t put them out of business, but we sure as
hell slowed them down.
Darrin Kozlowski spent 28 years as an ATF agent before
retiring in 2017. Mike Kessler is a regular contributor to Los Angeles. His
last piece was about peacocks being poached on the Palos Verdes Peninsula.
SOURCE: LA Mag
Monday, November 20, 2017
Hells Angels MC members charged
San Francisco, California (November 20, 2017) —Biker Trash Network— Federal prosecutors in San Francisco have charged nine members of the Hells Angels Motorcycle Club with running a criminal organization responsible for multiple robberies and assaults and one murder.
The U.S. Attorney's office and FBI announced the charges on Monday. Most of the defendants are members of the group's Sonoma County chapter in Northern California.
The most serious crime, however, took place when Jonathan “Jon Jon” Nelson, the president of the Sonoma County chapter of the Hells Angels, told an unnamed victim to meet with Brian Wendt, the president of the Fresno County chapter of the Hells Angels—with Wendt then murdering the victim, the indictment states.
Other crimes laid against the gang members include drug trafficking, assault, robbery, illegal guns and witness intimidation.
“This week we have taken a significant step toward bringing to justice an alleged conspiracy whose aim has been to commit violent crimes,” U.S. Attorney Brian Stretch, of the Northern District of California, said in a statement Monday confirmed by BTN.
Another Hells Angels member sexually assaulted someone identified only as “Victim 6” last year, threatening during the attack to hurt Victim 6’s family if they reported the assault.
The head of the FBI's San Francisco division, Jack Bennett, said their crimes were intended to instill fear in parts of the city of Santa Rosa.
The indictment also includes multiple charges of intimidating witnesses.
SOURCE: Newsweek