grassley letter to holder in re nm doj gun trafficking leak

7/30/2019 Grassley letter to Holder in re NM DOJ gun trafficking leak

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November 28, 2012

VIA ELECTRONIC TRANSMISSION

The Honorable Eric H. Holder, Jr. Attorney GeneralU.S. Department of Justice950 Pennsylvania Avenue, NW Washington, DC 20530

Dear Attorney General Holder:On March 16, 2011, I wrote to U.S. Customs and Border Protection Commissioner

Alan Bersin with questions about a gun trafficking case in which the mayor and policechief of Columbus, New Mexico had been indicted. 1 I alluded in that letter to the factthat the gun trafficking case had ties to the Bureau of Alcohol, Tobacco, Firearms, andExplosives (ATFs) Operation Fast and Furious. House Oversight and GovernmentReform Committee Chairman Darrell Issa and I detailed some of the earliest of thoseties in our July 31, 2012, staff report, which stated that Border Patrol agents stopped a vehicle in Columbus on January 14, 2010, containing weapons that had only recently been purchased by Fast and Furious suspects Jaime Avila, Jr., and Uriel Patino. 2 The

six weapons had since been transferred to the occupants of the vehicle, Blas Gutierrezand Miguel Carrillo, who were two of the central targets in the Columbus gun traffickinginvestigation. 3

I write to you today because of news reports that the husband of the head of theNew Mexico U.S. Attorney s Office Criminal Division has been indicted in connection with this gun trafficking investigation. 4 Danny Burnett is being charged in U.S. DistrictCourt for the District of New Mexico with leaking sealed federal wiretap informationrelated to the gun trafficking investigation. Mr. Burnetts wife, Paula Burnett, is an Assistant U.S. Attorney for the District of New Mexico and formerly served as the chief of the offices Criminal Division. Mr. Burnetts indictment states that he had

1 Letter from Charles Grassley to Alan D. Bersin (Mar. 16, 2011), available at http://www.grassley.senate.gov/about/upload/Judiciary-ATF-03-16-11-Letter-to-CBP-Fast-and-Furious-3.pdf . 2 Fast and Furious: The Anatomy of a Failed Operation, Part I of III, Joint Report of the U.S. House of Representatives Committee on Oversight and Government Reform and the U.S. Senate Committee on theJudiciary Minority Staff (Jul. 31, 2012), at 52, available at http://oversight.house.gov/wp-content/uploads/2012/07/7-31-12-FF-Part-I-FINAL-REPORT.pdf . 3 Report of Investigation 2, 785120-10-[redacted] (Attachment).4 Mike Gallagher, Fed Wiretap Leak Linked to Gun Smugglers , A LBUQUERQUE J OURNAL (Nov. 26, 2012). 4 Mike Gallagher, Fed Wiretap Leak Linked to Gun Smugglers , A LBUQUERQUE J OURNAL (Nov. 26, 2012).
http://www.grassley.senate.gov/about/upload/Judiciary-ATF-03-16-11-Letter-to-CBP-Fast-and-Furious-3.pdfhttp://www.grassley.senate.gov/about/upload/Judiciary-ATF-03-16-11-Letter-to-CBP-Fast-and-Furious-3.pdfhttp://www.grassley.senate.gov/about/upload/Judiciary-ATF-03-16-11-Letter-to-CBP-Fast-and-Furious-3.pdfhttp://oversight.house.gov/wp-content/uploads/2012/07/7-31-12-FF-Part-I-FINAL-REPORT.pdfhttp://oversight.house.gov/wp-content/uploads/2012/07/7-31-12-FF-Part-I-FINAL-REPORT.pdfhttp://oversight.house.gov/wp-content/uploads/2012/07/7-31-12-FF-Part-I-FINAL-REPORT.pdfhttp://oversight.house.gov/wp-content/uploads/2012/07/7-31-12-FF-Part-I-FINAL-REPORT.pdfhttp://oversight.house.gov/wp-content/uploads/2012/07/7-31-12-FF-Part-I-FINAL-REPORT.pdfhttp://oversight.house.gov/wp-content/uploads/2012/07/7-31-12-FF-Part-I-FINAL-REPORT.pdfhttp://www.grassley.senate.gov/about/upload/Judiciary-ATF-03-16-11-Letter-to-CBP-Fast-and-Furious-3.pdfhttp://www.grassley.senate.gov/about/upload/Judiciary-ATF-03-16-11-Letter-to-CBP-Fast-and-Furious-3.pdf


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The Honorable Eric H. Holder, Jr.November 28, 2012

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knowledge that a Federal i nvestigative and law enforcement officer had beenauthorized . . . to intercept a wire, oral and electronic communication . . . . 5

The indictment does not explain how Mr. Burnett obtained this knowledge or whether his wife had any role in disclosing it to him. However, a news report yesterday in the Albuquerque Journal states that Ms. Burnett has not been charged with any wrongdoing. 6

During the Congressional review of Operation Fast and Furious, the head of theCriminal Division in the U.S. Attorneys Office for the District of Arizona resigned andasserted his rights against self-incrimination to avoid testifying before Congress. It isdisturbing that the head of the Criminal Division in the neighboring district has now also resigned in connection with a case related to Fast and Furious, though shereportedly remains an assistant U.S. Attorney.

In order to reassure the public regarding the integrity of the New Mexico U.S. Attorneys Office and the way this matter is being handled, please answer the followingquestions:

1) How did the Department become aware of Danny Burnetts leaking of federal wiretap information? Please explain in detail.

2) Has an independent investigation been conducted into what role Paula Burnettplayed, if any, in her husband obtaining sealed federal wiretap information? If so, who conducted the investigation?

3) What steps have you or others in the Department taken, if any, to ensure that afull and independent inquiry is conducted to determine all the facts andcircumstances surrounding the leak of information about the wiretap to thecriminal targets of that wiretap, including the possible involvement of any Department personnel?

4) When and how was this matter assigned to the U.S. Attorneys Office for the Western District of Texas?

5) When precisely did Ms. Burnett resign as chief of the Criminal Division of theU.S. Attorneys Office for the District of New Mexico? What was the reason forher resignation?

6) Did Ms. Burnett retain her responsibilities as Chief of the Criminal Division of the U.S. Attorneys Office for the District of New Mexico while she was under any investigation?

5 Indictment, U.S. v. Burnett , Case 2:12-cr-02332, Filed September 20, 2012, U.S. District Court for theDistrict of New Mexico, at 1.6 Mike Gallagher, Fed Wiretap Leak Linked to Gun Smugglers , A LBUQUERQUE J OURNAL (Nov. 26, 2012).


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The Honorable Eric H. Holder, Jr.November 28, 2012

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Thank you in advance for ensuring your response arrives no later than December 17,2012. If you have any questions concerning this matter, please contact Brian Downey orTristan Leavitt of my staff at (202) 224-5225.

Sincerely,

Charles E. Grassley Ranking Member

Attachment

cc: The Honorable Michael E. Horowitz, Inspector GeneralU.S. Department of Justice


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Attachment


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Title of Investigation: GUTIERREZ, Blas

Investigation Number: 785120-10-

Report Number :2

Page 1 of 2 ATF EF 3120.2 (10-2004)For Official Use Only

ummary of Event

Request and receipt of United States Border Patrol report and information on an additional firearms trafficker linked toPhoenix, AZ criminal investigation.

Narrative

1. On April 20, 2010, ATF Special Agent spoke with Agent , United States BorderPatrol (USBP) and requested any reports pertaining to a traffic stop conducted by the USBP in Columbus, NMinvolving Blas GUTIERREZ

2. On April 22, 2010, SA received USBP Report of Apprehension or Seizure. The report indicated USBPagents conducted a traffic stop based on a dispatch broadcast of a stolen vehicle. During the traffic stop, USBPagents observed three (3) assault-type rifles lying in the cargo area of the vehicle. USBP agents placed both thedriver, later identified as Blas GUTIERREZ, and the passenger, later identified as Miguel CARRILLO, a H/M,D.O.B.: black hair, brown eyes, Social Security number andNew Mexico Drivers License in handcuffs while they searched the vehicle for contraband. Duringthe search of the vehicle, USBP agents discovered five (5) additional firearms.

3. Upon further investigation, USBP agents did not locate any contraband or warrants and released GUTIERREZand CARRILLO. However, prior to releasing them USBP agents examined and documented the firearms.They are as follows:

a. CENTURY ARMS INC., Model AK-47, 7.62x39 mm pistol, Serial Number Z000990b. CENTURY ARMS INC., Model AK-47, 7.62x39 mm pistol, Serial Number Z000483c. CENTURY ARMS INC., Model AK-47, 7.62x39 mm pistol, Serial Number Z000499d. RUGER, INC., Model P345, .45 caliber pistol, Serial Number 661-28500e. RUGER, INC., Model P345, .45 caliber pistol, Serial Number 661-05561f. FNH, INC., Model Five-Seven, 5.7x28mm pistol, Serial Number 386206115g. FNH, INC. Model Five-Seven, 5.7x28mm pistol, Serial Number 386203502h. FNH, INC. Model Five-Seven, 5.7x28mm pistol, Serial Number 386203509

U.S. Department of Justice Report of Investigation Bureau of Alcohol, Tobacco, Firearms and Explosives

Prepared by: Title: Special Agent, Las Cruces II Field Office

Signature: Date:

Authorized by: Title: Resident Agent in Charge, Las Cruces II FieldOffice

Signature: Date:

Second level reviewer (optional): William D. Newell

Title: Special Agent in Charge, Phoenix Field Division

Signature: Date:


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itle of Investigation: GUTIERREZ, Blas

Investigation Number: 785120-10-

Report Number :2

Page 2 of 2 ATF EF 3120.2 (10-2004)For Official Use Only

4. SA conducted database checks on the above firearm serial numbers and learned that the three CenturyArms Inc., Model AK-47 pistols were entered as suspect guns under S20100000056 on January 14, 2010. Note:SA is aware the USBP report notes the guns as Century Arms Inc. which is the firearms importer andnot the manufacturer. Furthermore, the USBP report indicated the traffic stop was conducted on January 14,2010.

5. SA also learned the three FN, Model Five-Seven, 5.7x28mm caliber pistols documented by the USBPagents were part of a multiple sale (M20100004614). The multiple sales report indicated the guns werepurchased on January 9, 2010 by Jaime AVILA, a H/M, D.O.B.: residing at

Phoenix, Arizona 85035.

6. SA is aware AVILA is a suspect in a Phoenix investigation (785115-10-0004) involving firearmstrafficking to Mexico.

Attachments:

Copy of New Mexico Drivers license information depicting CARILLOCopy of USBP reportCopy of Multiple Sale Summary depicting purchase by AVILACopy of Suspect Guns listing the Romarm, Model Draco, 7.62 pistols as involved in criminal activity

grassley letter to holder in re nm doj gun trafficking leak

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