SAN FRANCISCO- A federal grand jury indicted eleven people including eight alleged associates of the Hells Angels Sonoma County chapter (HASC), one alleged associate of the Fresno Hells Angels chapter, and one alleged associate of the Salem/Boston Hells Angels chapter for their respective roles in a Racketeer Influenced and Corrupt Organizations (RICO) conspiracy and for committing numerous related crimes including murder, assault, maiming, and witness intimidation, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The eleventh defendant is an alleged HASC associate who was charged with witness intimidation. The indictment, filed Oct. 10, 2017, was unsealed today following the arrest of nine of the defendants.
The indictment describes the Hells Angels as a transnational violent outlaw motorcycle gang and the HASC as a subset of the gang whose members primarily operate in Sonoma County, Calif. According to the indictment, HASC works cooperatively with other Hells Angels chapters to engage in criminal activity including murder, narcotics distribution, assault, robbery, extortion, illegal firearms possession, and obstruction of justice.
“This week we have taken a significant step toward bringing to justice an alleged conspiracy whose aim has been to commit violent crimes," said U.S. Attorney Stretch. “The indictment unsealed this morning describes an array of serious offenses allegedly committed by the defendants including conspiracy to commit murder, assault, maiming, home invasion robbery, extortion, and witness intimidation. This operation proves once again the value of pooling the resources of the federal government with those of our state and local law enforcement partners-it is only through this coordination that we are able to stamp out violence in our communities. I commend and thank all of our law enforcement partners for their extraordinary work in bringing this phase of the operation to a successful conclusion."
The indictment alleges that HASC members and associates commit acts of violence to maintain and enhance membership and discipline within the gang, including violence against rival gang members, those perceived to be rival gang members, rivals in general, those who disrespect or commit violence against HASC members or other Hells Angels, friends or family, as well as HASC members and associates who violate the gang’s rules. In this case, the indictment alleges, Brian Wendt committed the murder of an unnamed victim on July 15, 2014, at the Fresno Hells Angels clubhouse. According to the indictment, co-conspirator Jonathan Nelson directed the victim to meet with Wendt and co-conspirator Russell Ott accompanied the victim from the Northern District of California to the Fresno clubhouse where Wendt committed the murder.
According to the indictment, some of the defendants were involved in the RICO conspiracy as early as July and August of 2007 when Raymond Foakes allegedly committed bank fraud and money laundering to obtain a residence in which to establish an indoor marijuana cultivation operation. Additional crimes that are alleged to have been committed as part of the conspiracy include a home invasion robbery, extortion, assault, maiming, and the illegal possession of weapons and drugs.
HASC members also are alleged to have obstructed justice by threatening, intimidating, and retaliating against witnesses whom they believed to be cooperating with law enforcement and by destroying evidence and providing false information to law enforcement. In this case, Brian Allen Burke is accused of attempting to intimidate and threaten and corruptly persuade a victim by threatening to shoot the victim with a firearm. Burke is alleged to have attempted to persuade the victim not to provide evidence in the adjudication of Foakes’ violation of the conditions of his supervised release in a federal case.
The precise charges against each defendant, as well as their ages and places of residence where known, are set out in the chart below.
Defendant
Age/Residence
Charges
Statute
JONATHAN JOSEPH NELSON a/k/a Jon Jon
41/Santa Rosa
RICO Conspiracy
18 U.S.C. § 1962(d)
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
Maiming in Aid of Racketeering
18 U.S.C. § 1959(a)(2)
Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(3)
Use/Possession of a Firearm During a Crime of Violence
18 U.S.C. § 924(c)(1)(A)
RAYMOND MICHAEL FOAKES
a/k/a Ray Ray
54/ Rohnert Park
RICO Conspiracy
18 U.S.C. § 1962(d)
Maiming in Aid of Racketeering
18 U.S.C. § 1959(a)(2)
Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(3)
Witness Intimidation
18 U.S.C. § 1512(b)
RUSSELL ALLEN LYLES, JR.
a/k/a J.R.
36/Windsor, CA
RICO Conspiracy
18 U.S.C. § 1962(d)
Maiming in Aid of Racketeering
18 U.S.C. § 1959(a)(2)
Assault With a Dangerous Weapon in aid of Racketeering
18 U.S.C. § 1959(a)(3)
JEREMY DANIEL GREER
37/Santa Rosa
RICO Conspiracy
18 U.S.C. § 1962(d)
Hobbs Act Robbery
(3 counts)
18 U.S.C. § 1951(a)(1)
Maiming in Aid of Racketeering
18 U.S.C. § 1959(a)(2)
Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(3)
Use/Possession of a Firearm During a Crime of Violence
18 U.S.C. § 924(c)(1)(A)
BRIAN WAYNE WENDT
40/Tulare
RICO Conspiracy
18 U.S.C. § 1962(d)
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
RUSSELL TAYLOR OTT, a/k/a Rusty
64/Santa Rosa
RICO Conspiracy
18 U.S.C. § 1962(d)
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
CHRISTOPHER RANIERI
a/k/a Rain Man
49/Lynn, MA
RICO Conspiracy
18 U.S.C. § 1962(d)
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
DAMIEN DAVID CESENA
36/Santa Rosa
RICO Conspiracy
18 U.S.C. § 1962(d)
Hobbs Act Robbery
18 U.S.C. § 1951(a)(1)
BRIAN ALLEN BURKE
a/k/a Bucky
37/ Windsor, CA
Witness Intimidation
18 U.S.C. § 1512(b)
JASON RANDALL CLIFF
a/k/a Agro
50
Maiming in Aid of Racketeering
18 U.S.C. § 1959(a)(2)
Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(3)
DAVID SALVATORE DIAZ, III
45
RICO Conspiracy
18 U.S.C. § 1962(d)
An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt. The maximum statutory penalties for the crimes of which the defendants have been accused are as follows:
Charge
Statute
Maximum Statutory Penalty
RICO Conspiracy
18 U.S.C. § 1962(d)
Life imprisonment, $250,000 fine, five years’ supervised release, $100 special assessment
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years’ imprisonment, $250,000 fine, three years’ supervised release, $100 special assessment
Maiming in Aid of Racketeering
18 U.S.C. § 1959(a)(2)
30 years’ imprisonment, $250,000 fine, five years’ supervised release, $100 special assessment
Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(3)
20 years’ imprisonment, $250,000 fine, three years’ supervised release, $100 special assessment
Use/Possession of a Firearm During a Crime of Violence
18 U.S.C. § 924(c)(1)(A)
A consecutive sentence of not less than seven years and not more than life, $250,000 fine, five years’ supervised release, $100 special assessment
Witness Intimidation
18 U.S.C. § 1512(b)
20 years’ imprisonment, $250,000 fine, three years’ supervised release, $100 special assessment
Hobbs Act Robbery
(each count)
18 U.S.C. § 1951(a)(1)
20 years’ imprisonment, $250,000 fine, three years’ supervised release, $100 special assessment
Further, additional fines, forfeitures, and restitution may be ordered; however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Several of the defendants were arrested in Santa Rosa on Saturday, Nov. 18, 2017, as part of a criminal enforcement operation. All the defendants except Lyles, Wendt, Foakes, and Ranieri appeared before the Honorable Maria Elena James, U.S. Magistrate Judge, on Nov. 20, 2017. The following appearances are scheduled for the defendants before the Honorable Sallie Kim, U.S. Magistrate Judge: Russell Ott, Nov. 21, 2017 at 9:30 a.m. for identification of counsel; Brian Burke, Nov. 21, 2017 at 9:30 a.m. for bond hearing; Jason Cliff, Nov. 21, 2017 for identification of counsel; Jonathan Nelson, Nov. 21, 2017 at 9:30 a.m. for identification of counsel; Jeremy Greer, Nov. 21, 2017 at 9:30 a.m. for identification of counsel; David Diaz, Nov. 27, 2017 at 9:30 a.m. for detention hearing; Damien Cesena, Nov. 29, 2017 at 9:30 a.m. for detention hearing.
Assistant U.S. Attorneys Kevin Barry and Erin Cornell are prosecuting the case. The prosecution is the result of an investigation by the FBI, the Santa Rosa Police Department, the Sonoma county Sheriff’s Department, and the California Highway Patrol.
Source: U.S. Department of Justice, Federal Bureau of Investigation (FBI)
