congres5 of tjc niteb $tatc5 - judicial watch...(atf's) operation fast and furious. the...

<Congres5 of tfJc niteb $tatc5 ma bington, DC 20510

October 16, 2014

VIA ELECTRONIC TRANSMISSION

The Honorable James M. Cole Deputy Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW

Washington, DC 20530

Dear Deputy Attorney General Cole:

On more than one occasion, we have written the Department to ask for information about firearms that have been recovered in connection with violent crimes and are associated with the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF's) Operation Fast and Furious. The Department has failed to respond to our last three letters on this topic, sent on October 2, 2012, December 17, 2012, and July 12, 2013.

Once again, we have learned of another crime gun connected to Fast and Furious. The Department did not provide any notice to the Congress or the public about this gun.

Documents obtained by Judicial Watch under Arizona's public records law show that law enforcement officials recovered a Fast and Furious gun last summer in connection with a shooting that left two individuals wounded.1 At 12:30 a.m. on Tuesday, July 30, 2013, the Phoenix Police Department received reports of shots fired at an apartment complex. Responding officers arrived to find two wounded men, one inside an apartment and one outside. 2 The men had suffered multiple gunshot wounds, and the front windows and door of the apartment had several bullet holes.3 Witnesses of the shooting reported that just after the shots were fired, a vehicle sped in reverse through a nearby parking lot and crashed backward into a fence at the apartment complex. Several individuals were then seen running in various directions from the complex.4 Police discovered an assault rifle in the front passenger area of the vehicle.s

1 See "Fast and Furious Update: Judicial Watch Sues City of Phoenix for Police Department's ATF, DHS, DEA and FBI Records about 2013 Gang-Style Assault," JudicialWatch.org (Oct. 9, 2014), http://www.judicialwatch.org/press-room/press-releases/fast-furious-update-judicial-watch-sues-cityphoenix-police-department-atf-dhs-dea-fbi-records-2013-gang-style-assault. 2 Breann Bierman, PD: 2 shot at east Phoenix apartment complex, KPHO.com (Jul 30, 2013), available at http:/ /www.kpho.com/ story/ 22964928/ 2-shot-at-east-phoenix-apartment-complex. 3 Phil Benson, Suspects inAZ narcotics probe tied to multiple shooting, KPHO.com (Aug. 22, 2013), available at http://www.kpho.com/story/23232855/suspects-in-az-narcotics-probe-tied-to-multipleshooting. 4/d.

The Honorable James M. Cole October 16, 2014

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Approximately three weeks later, Phoenix Police Department detectives and U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations agents arrested four individuals on counts of attempted homicide, aggravated assault, shooting into an occupied structure, and burglary. The arrests were reportedly connected with a large-scale drug trafficking investigation. 6

Based on the serial number from the police report obtained by Judicial Watch? and documents obtained during our Fast and Furious investigation, we can confirm that the assault rifle recovered in the vehicle on July 30, 2013 was purchased by Sean Christopher Steward. 8 Steward pled guilty to firearms trafficking charges resulting from his involvement with Operation Fast and Furious. 9 A Department press release summarizes Steward's activity:

During a six-month period from December 2009 through June 2010, Steward, using funds provided by the leader of the firearms trafficking organization, paid over $176,000 in cash to purchase approximately 289 firearms, including 260 AK-4 7 style firearms, 20 nine millimeter pistols, a .50 caliber rifle and other "weapons of choice" of the Mexican drug cartels.10

Steward purchased this particular firearm on December 8, 2009, one of 40 that he purchased that day while under ATFsurveillance.11 According to the Office of Inspector General (OIG) report of Operation Fast and Furious:

On the morning of December 8, MacAllister went to FFL1 and was informed that a caller inquired about the store's inventory of AK-47 style rifles. The incoming telephone number was from Celis-Acosta's residence, which had already been identified by agents as a possible stash house. Shortly thereafter, Steward arrived to purchase the 20 AK-47 style rifles. A United Parcel Services truck delivered an additional 20 AK-47 style rifles while Steward was at the store and, according to the ATF report of this incident, Steward told FFL1 that he would return later in the day and purchase those firearms as well.

s Jennifer Thomas, 4 detained in Phoenix drug operation implicated in double shooting, AZfamily.com (Aug. 22, 2013), available at http://www.azfamily.com/news/ 4-detained-in-Phoenix-narcoticsoperation-implicated-in-double-shooting-22073163i.html. 6Jd. 7 Phoenix Police Department Report #2013-01344558 7 (Aug. 3, 2013), at 1 [Attachment 1]. s Bureau of Alcohol, Tobacco, Firearms and Explosives, Suspect Gun Summary (Dec. 9, 2009) [Attachment 2]. 9 Press release, "Summary of Major U.S. Export Enforcement, Economic Espionage, Trade Secret and Embargo-Related Criminal Cases," Department of Justice (Feb. 2013), available at http://test.pmddtc.state.gov/ compliance/ documents/ OngoingExportCaseFactSheet. pdf. 10 Id. (emphasis added). 11 Bureau of Alcohol, Tobacco, Firearms and Explosives, Suspect Gun Summary (Dec. 9, 2009) [Attachment 2].


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Agents maintained surveillance of Steward after he left FFL1 and eventually observed him transfer boxes containing the firearms from his vehicle to another. Agents also conducted surveillance of Steward when he returned to FFL1 accompanied by two other individuals to purchase the additional 20 AK-47 style rifles. The firearms were placed in the bed of a truck - not Steward's vehicle - and the three individuals left FFLt. At ATF's request, Phoenix police officers conducted a traffic stop of the vehicle in order to identify its occupants, one of whom was Celis-Acosta. The officers asked the occupants about the firearms that were visible in the back of the vehicle. Steward told the officers that he purchased the firearms and that they belonged to him. The officers did not seize the firearms or issue a traffic citation. Surveillance was continued after this stop, and agents eventually observed the firearms being transferred into Celis-Acosta's residence.

Under circumstances that we describe later, 8 of the 40 firearms purchased by Steward on December 8 were seized by police officers in Douglas, Arizona (adjacent to the Mexican border) later that same day. ATF reviewed records on December 9 from the Arizona Department of Economic security that showed Steward had a reported income totaling $4479 for the first quarter of 2009.12

ATF officials entered the 40 firearms Steward purchased on December 8, 2009 into ATF's Suspect Gun Database on December 9, 2009.13 As our July 31, 2012 joint staff report recounted, a U.S. Drug Enforcement Administration (DEA) wiretap in early December 2009 also intercepted telephone communications in which Steward made arrangements to obtain firearms for DEA's target.14 DEA passed this information off to ATF, but ATF utterly failed to act on it.1s The OIG report concludes of Steward in this time period:

Steward went on to purchase approximately 200 firearms in December, all but one from FFL1, for over $no,ooo. This total included 43 firearms purchased on a single day, December 14 (four of these firearms were recovered in Mexico just four days later). Steward purchased another 42 firearms in January 2010 for over $25,000. ATF did not take any measures to disrupt Steward's purchasing activity following the events on

12 A Review of ATF's Operation Fast and Furious and Related Matters, U.S. Dept. of .Justice, Office of the Inspector Gen., Sept. 2012, at 116-117. 13 Bureau of Alcohol, Tobacco, Firearms and Explosives, Suspect Gun Summary (Dec. 9, 2009) [Attachment 2]. 14 H. Comm. on Oversight & Gov't Reform and S. Comm. on the Judiciary Joint Staff Report, Fast and Furious: The Anatomy of a Failed Operation (Part I ofIII), 112th Congress (July 31, 2012), Appendix I, at 113. 15 For a recounting of this, see also H. Comm. on Oversight & Gov't Reform and S. Comm. on the Judiciary Joint Staff Report, Fast and Furious: The Anatomy of a Failed Operation (Part I ofIII), 11 2th Congress (July 31, 2012), at 34-36.


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December 8 or at any other time until agents interviewed him at his residence in November 2010. Steward was not arrested until the Fast and Furious case was indicted on January 19, 2011.16

Patrick Cunningham, then Chief of the Criminal Division for the U.S. Attorney's Office for the District of Arizona,17 apparently prepared talking points for then-U.S. Attorney Dennis Burke's1s indictment press conference. These talking points highlighted Steward's December 8, 2009 purchase as typical of the firearms trafficking ring whose takedown ATF and the U.S. Attorney's office touted that day.19

On July 18, 2012 Steward pled guilty for his role in Operation Fast and Furious, and was sentenced on November 26, 2012 to serve nine years in prison.20 Steward's attorney at the time said he planned to appeal his client's sentence.21

According to the Phoenix Police Department report, ATF traced the firearm on July 31, 2013, the day afterPhoenix police officers recovered it. Yet, over a full year has passed, and the Department has failed to notify the Committees. The refusal to respond to our standing requests for this information effectively hides the connection between crimes like this and Operation Fast and Furious. Unless the information becomes available some other way, the public would never know. This lack of transparency about the consequences of Fast and Furious undermines public confidence in law enforcement and gives the impression that the Department is still seeking to suppress information and limit its exposure to public scrutiny.

Therefore, please respond to the following questions as soon as possible, but not later than October 30, 2014:

1) Was the firearm recovered on July 30, 2013 connected with any other crimes in Mexico or the U.S.?

2) As of the date of this letter, what is the total number of weapons associated with Fast and Furious that have been recovered in the U.S. and successfully traced?

3) As of the date of this letter, what is the total number of weapons associated with Fast and Furious that have been recovered in Mexico and successfully traced?

16 A Review of ATF's Operation Fast and Furious and Related Matters, U.S. Dept. of .Justice, Office of the Inspector Gen., Sept. 2012, at 117-118. 17 Cunningham resigned on January 30, 2012. He asserted his Fifth Amendment privilege before the House Oversight Committee on January 19, 2012. 18 Burke resigned on August 31, 2011. 19 E-mail from Patrick Cunningham to Dennis Burke, Jan. 24, 2011 [HOGR USAO 003098). 20 Id. 21 Brian Skoloff, 2 men sentenced in Fast and Furious gun case, Associated Press (Nov. 26, 2012), available at http://www.azfamily.com/news/2-men-sentenced-in-Fast-and-Furious-gun-case-18092583i.html.

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4) Of the U.S recoveries, how many were recovered in relation to an incident of a violent nature? Please describe in detail the date and circumstances of each recovery that has not previously been described in the Department's responses to our letters.

5) Of the Mexican recoveries, how many were recovered in relation to an incident of a violent nature? Please describe in detail the date and circumstances of each recovery that has not previously been described in the Department's responses to our letters.

Should you have any questions regarding this request, please contact Tristan Leavitt of the Senate Judiciary Committee staff at (202) 224-5225 or Ashok Pinto of the House Committee on Oversight and Government Reform staff at (202) 225-5074. Thank you for your prompt attention to this important matter.

Sincerely,

Charles E. Grassley, Ranking Me Committee on the Judiciary

Chairman Committee on Oversight and

U.S. Senate Government Reform U.S. House of Representatives

Attachments

cc: The Honorable B. Todd Jones, Director Bureau of Alcohol, Tobacco, Firearms and Explosives

The Honorable Elijah E. Cummings, Ranking Member U.S. House of Representatives, Committee on Oversight and Government Reform

The Honorable Patrick Leahy, Chairman U.S. Senate, Committee on the Judiciary

The Honorable Michael E. Horowitz, Inspector General U.S. Department of Justice

Attachment 1

SI .....

***

** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT **.RECORD **

SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2013 01344558 7

REPORT DATE: 20130731 TIME: 1906

TYPE OF REPORT: AGGRAVATED ASSAULT OFFENSE: 245

LOCATION: O< BEAT: 0514 GRID: BB34

LOCATION. ERROR ***

DATE/TIME OF OCCURRENCE: TUE 073013 0026

UNIT: LABREPORTING OFFICER[S]: -PREMISES: UNKNOWN OCCUPIED:

OFFENSE INVOLVED: BIAS - NONE(.NO BIAS)

PARTY-CREW: NO

*** PROPERTY/EVIDENCE ***

RECOVERY LOCATION: 000000 DATE: 000000 SEARCH WARRANT INVOLVED:

0001 PKG 000 CODE : EI UKOO ITEM: ACZG BRAND: MODEL: COLOR:

COUNTRY OF ORIGIN: RU - ROMANIA / RUMANIA IMPORTER: CAI GEORGIA, VT SIZE: QUANTITY: 0000 SERIAL/ACCT/ID: 1977DX1654

DESCRIPTION: FOUND IN THE FRONT PASSENGER SIDE SEAT LINCOLN NAVIGATOR ARIZONA PLATE 111111111111

OOOlA PKG 000 CODE:EI UKOO ITEM: YAMMUNI BRAND: TULAMM MODEL: CARTRIDGE

DESCRIPTION: ONE CARTRIDGE HEADSTAMP: TULAMMO 7.62X39MM FOUND IN THE CHAMBER OF ITEM 1, RIFLE

OOOlB PKG 000 CODE: EI OKOO

COLOR:

ITEM: YAMMUNI BRAND: MODEL: MAGAZINE COLOR: DESCRIPTION: RIFLE MAGAZINE CONTAINING UNKNOWN AMOUNT OF CARTRIDGES FOUND IN ITEM 1, RIFLE

0002 PKG 000 CODE:EI UKOO ITEM: *MISC BRAND: TROPIC MODEL: PLASTICBOTT COLOR:

DESCRIPTION: TROPICANA BRAND PLASTIC BOTTLE, EMPTY

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FOUND UNDER THE FRONT DRIVER LINCOLN NAVIGATOR ARIZONA PLATE

0004 PKG 000 CODE:EI UKOO

2013 01344558 7 Continued.

F ........

** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT *"' RECORD **


ITEM: *MISC BRAND: NIAGAR MODEL: PLASTICBOTT COLOR:

DESCRIPTION: NIAGARA BRAND PLASTIC WATER BOTTLE, UNOPENED

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DESCRIPTION: CIGARETTE BUTT FOUND IN THE DASH ASHTRAY

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0006 PKG 000 CODE:IE UKOO

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LE

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0012 PKG 000 CODE:EI UKOO ITEM: PBIOLOG BRAND: MODEL: SWABS COLOR:

2013 01344558 7 Continued.

PASSEN PLATElllllllll

PASSEN 11111111

PHOENIX POLICE DEPARTMENT REPORT ** RECORD ** ** PUBLIC **


DESCRIPTION: TWO SWABS OF POSSIBLE BIOLOGICAL MATERIAL COLLECTED FROM THE FRONT EXTERIOR DOOR HANDLE LINCOLN NAVIGATOR ARIZONA


DESCRIPTION: TWO SWABS OF POSSIBLE BIOLOGICAL MATERIAL COLLECTED FROM THE REAR PASSENGER SIDE EXTERIOR DOOR HANDLE

LINCOLN NAVIGATOR ARIZONA PLATE -


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DESCRIPTION: TWO SWABS OF .POSSIBLE BIOLOGICAL MATERIAL COLLECTED FROM THE KEYS FOUND IN THE IGNITION LINCOLN NAVIGATOR ARIZONA PLATE -


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DESCRIPTION: TWO SWABS OF POSSIBLE BIOLOGICAL MATERIAL SEAT LEVERS AND SEATBELT

LINCOLN NAVIGATOR ARIZONA PLATE COLLECTED FROM THE FRONT


DESCRIPTION: TWO SWABS OF POSSIBLE BIOLOGICAL MATERIAL COLLECTED FROM THE FRONT DRIVER SIDE INTERIOR DOOR LINCOLN NAVIGATOR ARIZONA PLATE -


DESCRIPTION: TWO SWABS OF POSSIBLE BIOLOGICAL MATERIAL COLLECTED FROM THE REAR PASSENGER SIDE INTERIOR DOOR AND SEATBELT

2013 01344558 7 Continued.

7

** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **

SUPPLEMENT PAGE NUMBER: 4 DR NUMBER: 2013 01344558

LINCOLN NAVIGATOR ARIZONA PLATE llllllll


.

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AT

VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT:

INVOICES: 4254328 4254329

DR ENTERED BY : - DR FINALI ZED BY : -

END OF REPORT DR NO: 2013 01344558 007

Attachment 2

DEPARTMENT OF JUSTICE

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

NATIONAL TRACING CENTER

PHOENIX FD GROUP VII

Phone:(800)- Fax:(800) -

Badge No: Investigation No:

DEALER INFORMATION

Business Name: Licensee Name:

Address: Sex: Male

Date:-Phone: #: -

FFL Number: #: Invoice#:

y requesting the trace. It will be incumbent upon the FTC or

C will not release any information concerning your suspect gun(s).

Manufacturer Caliber Serial Number Type Importer 762 1981ZL3005 RIFLE CENTURY ARMS INC (CAI),

ST. ALBANS, VT

762 1985ZV5703 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

GP WASR-10 762 I 981ZL1071 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

GP WASR-10 762 1981ZL0326 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

ROMARM/CUGIR GPWASR-10 762 1981ZL2690 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

ROMARM/CUGIR GP WASR-10 762 l981ZM0163 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

ROMARM/CUGIR GP WASR-10 762 1972DJ0l68 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

ROMARM/CUGIR GP WASR-10 762 1982ZP3070 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

Suspect Gun: Page 1 of 3

FOR OFFICIAL USE ONLY

ROMARM/CUGIR GP WASR-10 762 1982ZP4066 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

ROMARM/CUGIR GP WASR-10 762 1970BK.2559 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

ROMARM/CUGIR GP WASR-10 762 1972DJ3485 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

ROMARM/CUGIR GP WASR-10 762 1974DP4291 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

ROMARM/CUGIR GP WASR-10 762 1971DG0370 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

ROMARM/CUGIR GPWASR-10 762 1972DL3976 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

ROMARM/CUGIR GP WASR-10 762 1981ZL0925 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

ROMARM/CUGIR GPWASR-10 762 1974001199 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

ROMARM/CUGIR GP WASR-10 762 1982ZR2601 RIFLE

ROMARM/CUGIR GPWASR-10 762 1974DT0552 RIFLE

ROMARM/CUGIR GPWASR-10 762 1974DP1689

ROMARM/CUGIR GP WASR-10 762


ROMARM/CUGIR GPWASR-10 762


ROMARM/CUGIR GP WASR-10

ROMARM/CUGIR

ROMARM/CUGIR

ROMARM/CUGIR

ROMARM/CUGIR

ROMARM/CUGIR

ROMARM/CUGIR

ROMARM/CUGIR

ROMARM/CUGIR

ROMARM/CUGIR GP WASR-10 762 1971DF4056 RIFLE

ROMARM/CUGIR GP WASR-10 762 1977ZB3947 RIFLE

ROMARM/CUGIR GP WASR-10 762 1972DJ0635 RIFLE

ROMARM/CUGIR GP WASR-10 762 1970DA3633 RIFLE



ROMARM/CUGIR GP WASR-10 762 1971DDJ037 RIFLE CENTURY ARMS INC (CAI), ST. ALBANS, VT

