Forfeiture fight ends for the Outlaws MC

Ontario, Canada (February 8, 2019) BTN — It’s been two decades since the investigation began, 16 years since the charges were laid and a decade since the Crown began moving in court to keep the proceeds of crime seized by police.

But only now, 20 years later, a judge’s order has finally settled the loose ends left from a controversial police crackdown that all but dismantled the Outlaws biker club in Ontario.

Police officers lead away two people arrested in a 2002 multi-force raid on an Outlaws clubhouse

After all that time and effort, however, all that’s left are a few crumbs — far less than what it cost taxpayers and defendants to complete the litigation.

“We wouldn’t want to rush these things,” defence lawyer Gordon Cudmore, who represented the late Floyd Deleary in the Outlaws prosecution, said sarcastically of how long it took to finish the civil case.

Of the 47 bikers charged in the sweeping 2002 investigation, only Londoner Clifford Tryon, arrested in the raids but whose charges were later dropped, was still hanging in to get back seized property.

Tryon was a director and officer of a numbered corporation that owned the London and Windsor Outlaw clubhouses. He soldiered on after his fellow bikers bailed and fought for the remains of the club, arguing the Crown couldn’t lay claim to the items and that his Charter rights were breached.

At issue for Superior Court Justice Heather McArthur was what was left from six fortified clubhouses, including one on London’s Egerton Street, plus such items as petty cash, biker colours and a Nazi flag.

The courts ordered the clubhouses demolished in 2009, after they’d sat empty and fell into disrepair.

Once the sites were sold and the taxes and utilities paid up, all that was left was a mere $238.97 — only enough, as defence lawyer Scott Cowan said, to cover one fancy dinner.

That was forfeited to the Crown, along with $21.58 in change and $115 in bills found in the Egerton Street clubhouse and any other spare change lying around the other properties.

Outlaw vests, patches, jewelry and any clothing depicting the skull and crossbones logo weren’t returned. But a swastika flag signed by all the Outlaws, and other “white power” items and items for private or decorative use, were given back.

Tryon agreed the gun holsters, shotgun shells, other ammo, bear spray, throwing knives and bullet-proof vests shouldn’t be given back, but won his argument that a decorative knife and two swords should be.

Cowan said he figures the government shed no tears over how long the case took. Ontario’s Civil Remedies Act is “designed to make crime not pay,” he said.

“If it takes a long time to sort these things out, I don’t think the government is terribly aggrieved because that main message still gets through.” said Cowan, who represented one of the last two bikers in the criminal case, Luis Ferreira, where the charges were dropped.

The police had searched 50 sites and seized an avalanche of property. Most of the defendants gave up fighting for their property years ago, its value not worth the legal cost of the fight.

Ferreira gave up seven years ago trying to get back his truck and motorcycle, Cowan said. The truck, left sitting in a yard as the case dragged on, had basically “disintegrated.”

Cowan noted the standard of proof in the civil cases is different than in criminal cases, meaning different weight can be applied to the evidence.

The Crown pointed to the 13 convictions on criminal organization charges as proof the Outlaws were a criminal organization. Cowan noted the 13 convictions were all guilty pleas, many made after the accused were offered time-served deals that would spring them from custody.

The main witness in the case, a police agent who infiltrated the club, claimed there was criminal activity involving drugs, weapons and stolen goods. That witness’s evidence was challenged at a preliminary hearing where the criminal organization charges were ordered dropped.

Ontario’s attorney general revived the charges through what’s known as a preferred indictment.

As the case trudged on, Cowan and Toronto lawyer Jack Pinkofsky represented Ferriera and former national Outlaws president Mario Parente, the last two accused against whom charges were dropped in 2009 after the police agent said he wouldn’t take part in the trial.

The Outlaws breakup was seen as a major test of what were then new criminal organization laws.

None of the Outlaws had a trial, but a high-security courtroom was built in London for the case. The courtroom has since been used multiple times, including for the Bandidos massacre trial after eight bikers were executed in rural Elgin County over an internal club power struggle.

SOURCE:  London FreePress

Governor wants new anti-gang center for Waco

Waco, Texas, USA (February 8, 2019) BTN — Hoping to build on the successes of six anti-gang centers across the state, Texas Gov. Greg Abbott is proposing to add two new crime-fighting centers, including one in Waco.

Abbott announced plans for new Texas anti-gang centers in Waco and Tyler in September and reiterated his resolve to fund the creation of the two new centers and to give additional funding for the six existing centers, during his state of the state address this week.

Aftermath of police massacre in Waco, Texas  

“The State of Texas is sending a message to criminals and gang members that any attempts to compromise the safety of our communities will not be tolerated,” Abbott said. “My top priority as governor is keeping Texans safe, and these latest proposals will help me do just that.”

The anti-gang centers involve local, state and federal law enforcement brought together under one roof to cooperate, share information and crack down on violent criminal activity, officials have said. The existing centers in Houston, San Antonio, McAllen, El Paso, Lubbock and Dallas, have achieved significant success in curbing gang activity governor’s office spokesman John Whitman said.

“The governor has said we know that these work because we have seen the results,” Whitman said. “In 2017, 1,400 criminals associated with gang-related activity were taken off the street in the Houston area. We have seen the results and we need to replicate that around the state, and the next two places we are proposing to do that are Waco and Tyler.”

Related | Waco: Police Opened Fired On Bikers Witnesses Say

Archive | Waco Shooting History

Abbott has requested $7.1 million to continue funding for existing anti-gang centers and the two proposed centers, Whitman said. The Waco City Council approved a resolution Tuesday for the city to submit a $3.5 million criminal justice grant request to the governor’s office to fund the Waco center. If awarded, there would be no matching local funds required, Whitman said.

Funding is contingent on approval from the Texas Legislature, but Whitman said the governor has widespread support from lawmakers for most of his criminal justice proposals. The grant awards will be released in September, he said.

Waco police Sgt. W. Patrick Swanton said if the money is allocated for the center in Waco, there is no specific timeline to have it operational. He said it will take time to find an appropriate location, furnish and equip it and select and possibly train officers who will participate.

Waco police Sgt.W. Patrick Swanton still in denial of what really happened

“As a department, we are very proud that the governor thought enough of us to ask us to be a part of this,” Swanton said. “It also is a big deal for our community because it will make our city safer. If you look at our past history, we know that gangs are here. We had outlaw motorcycle gangs that disrupted our community several years ago. There are prison gangs. MS-13 is here. Mexican Mafia members are here. Other prison gangs, the Bloods, Crips, they are here. We kind of run the gamut from everything from large organized prison gangs to your little neighborhood wannabe gangs. The officers will deal with those and try to cut off the head of the snake.”

Swanton said Waco likely was selected because of its central location, its gang presence and the May 2015 midday shootout at the former Twin Peaks restaurant between rival biker groups, Bandidos and Cossacks, that left nine dead and 20 wounded. 

“Gang members are some of the worst criminals out there, and our history with the Bandidos and Cossacks show the level they are capable of,” Swanton said. “They could care less about the citizenry. When you have a shootout in a very open mall area in the middle of the day, they don’t care about citizens and their safety. They could care less about who is in their way or who gets hurt, and that is what we are trying to combat.”

Cover up continues - Follow the money

Besides local agencies like police departments and sheriff’s offices, anti-gang centers typically include investigators from the Texas Department of Public Safety and federal agencies, including possibly the Drug Enforcement Administration, FBI, Homeland Security, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service, DPS spokeswoman Katherine Cesinger said. Anti-gang officers also work closely with state and federal prosecutors, Cesinger said.

The state’s first anti-gang center was established in Houston in 2012.

“Gangs and their associates are a significant threat to public safety, not only because of their penchant for violence and criminal activity, but also their relationships with other criminal organizations, such as Mexican cartels,” DPS Director Steven McCraw said in a statement. “The TAG centers utilize a proven strategy to increase safety in our communities by seamlessly coordinating local, state and federal resources in an effort to identify, disrupt and prosecute ruthless gangs operating in our communities.”

State Rep. Charles “Doc” Anderson, R-Waco, said he expects support for the measure in the House and Senate. He said Interstate 35 and U.S. Highway 77 provide natural corridors for drug and human traffickers, and Abbott’s proposed anti-gang center will help combat those major crime areas.

“I really appreciate the governor supporting law enforcement in our area that way,” Anderson said. “There are others around the state that have done well, and I am pleased the governor is helping to protect us in our area and I believe it most likely will come to fruition.”

SOURCE:  WacoTribune-Herald

Hells Angels want clubhouse back

Haarlem, Amsterdam (February 7, 2019) BTN — The Hells Angels Haarlem Foundation fights Tuesday morning at the Council of State the closure of their home base at the Baljuwslaan.

Hells Angels MC Clubhouse in Haarlem

The Haarlem motorcycle club has stepped to the Council of State to have the closure of the building undone.

Mayor Jos Wienen decided in 2017 that the clubhouse of the Hells Angels had to be closed. According to Wienen, the reason to close the building was - firearms and drugs were found in a raid – and are very convincing. 

The club does not agree with the Mayor, who refuses reopening of the building

But according to the lawyer for the Hells Angels, the 'bad apples' have been removed from the club and the clubhouse could be opened again. A decision must be made within 6 weeks. The foundation claims that it has not been proven that the public order is disrupted by the reopening of the club house.

SOURCE:  HaarlemsWeekblad

Cop and firefighter ringleaders in drug ring

Middletown, NY  (February 6, 2019) BTN — A Middletown firefighter and a retired Spring Valley police officer were among the dozens arrested as part of a sweep of allegedly drug dealing bikers in Orange County Tuesday.

Authorities say more than 20 people were taken into custody when search warrants were executed at 15 locations in connection with two separate drug rings, with the same man -- fire Lieutenant Paul Young -- at the center of both.

Related | New York State Police Press Release

In all, 29 people were targeted for arrest, and investigators say leaders of the drug rings were so brazen that they sometimes met at the fire house.

Officials say the investigation, dubbed "Operation Bread, White and Blues," centered on several motorcycle organizations that allegedly distributed cocaine, fentanyl, marijuana and steroids.

The suspects were identified as:

--Paul Smith, 48, of Deerpark

--Robert Dunham, 46, of Middletown

--Marquis Gable, 34, of Nyack

--John Beltempo, 49, of New Windsor

--Kenneth Nunez, 39, of Spring Valley

--Garry Michel, 48, of Wallkill

--Joel Gamble, 44, of Cuddebackville

--Samuel Marino, 30, of Campbell Hall

--Arthur Mays, 30, of Middletown

--George Thomas, 61, of Bloomingburg

--David Lebel, 55, of Middletown

--Jennifer Peterson, 46, of Chester

--Vincenza Ferrante, 35, of New Windsor

--Shawn Daniels, 52, of Monroe

--Salvatore DiStefano, 36, of Westtown

--Melissa Delrosso, 35, of Middletown

--Raymond Chong, 49, of Middletown

--Tara Schoonmaker, 48, of Wurtsboro

--Crystal Crozier, 36, of Middletown

--Donald Johnston, 46, of Middletown

--Anthony Fields, 44, of Middletown

--Desmon Pierson, 36, of Middletown

--Dominick Guardino, 55, of Middletown

--Sunshine Wall, 40, of Cuddebackville

--Nicholas Ciccone, 47, of Port Jervis

--Charles Kavanaugh, 31, of Newburgh

--Gary Caldwell, 33, of Wappingers

--Justin Antona, 27, of Slate Hill

--Andrew Bendig, 23, of Middletown

The drugs reportedly came from both domestic and foreign sources, with the suspect allegedly selling the drugs throughout Orange County.

Most raided locations were in Orange County, but one location where the bikers allegedly purchased the drugs was at the Warren Hills apartment complex in Nyack, Rockland County. Authorities say they were then sold in Orange County.

State police, DEA agents and the FBI agents executed the warrants. Law enforcement officials recovered more than $200,000 in cash, 25 handguns, one assault rifle, multiple rifles, 10 vehicles, two motorcycles, more than 2.5 pounds of cocaine and 1,300 Fentanyl pills.

Authorities say Smith, a paid lieutenant of the City of Middletown Fire Department, has been charged with crimes including operating as a major trafficker as the alleged ringleader of both operations, working in tandem with Dunham.

Gamble and Michel, also charged with crimes including operating as major trafficker, are alleged to have been "profiteers" in the conspiracies to sell cocaine and narcotics pills. It is alleged that it was Gamble's role to provide cocaine to other members of the conspiracy, while Michel was to sell narcotic pills that were marketed to buyers as containing oxycodone but which actually contained fentanyl.

The pills were colored, stamped, and marked to appear to be oxycodone pills.

Beltempo previously worked for the Village of Spring Valley Police Department, the Orange County Sheriff's office and the Town of Wallkill Police Department.

SOURCE:  ABC7