Fast and Furious DOJ ATF

8/6/2019 Fast and Furious DOJ ATF

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July 12, 2011VIA ELECTRONIC TRANSMISSIONThe Honorable Eric H. Holder, Jr.Attorney Generalu.s. Department of Justice950 Pennsylvania Avenue, NWWashington, DC 20530Dear Attorney General Holder:

There has been public speculation that gun control politics may have been amotivating factor behind approving the risky strategy used in Operation Fast andFurious. In other words, by allowing straw purchasers to continue to operate and byencouraging gun dealers to go through with what were obviously suspicious sales, theATF helped create a "big case" in order to justify additional regulatory authorities.Unfortunately, yesterday's announcement, requiring firearms dealers in border states toalert officials anytime they sell more than two semi-automatic rifles to someone in afive-day period, only serves to fuel such speculation.

While we have seen no evidence that this was the initial aim of Operation Fastand Furious, senior ATF officials did contemplate using the case to justify imposingadditional requirements on gun dealers as early as July 2010, when straw buyers werestill purchasing weapons with the approval of ATF and DOJ.l E-mails also indicate thatsix months later, after Border Patrol Agent Brian Terry was killed, senior ATF officialsagain discussed using the case to justify the long gun sale reporting requirernent.s

There were about 93 multiple handgun purchases by Fast and Furious suspects,averaging nearly five handguns per purchase. Even if gun dealers had not beencooperating, each of these sales did trigger reporting requirements under existingregulations. Yet ATF did not use this information to interdict the flow of firearms to the1E-mail from Mark R. Chait to William D. Newell, cc William G. McMahon (July 14, 2010, 10:25 AM).2 E-mail from William D. Newell to William G. McMahon (Jan. 4, 2011, 6:19 PM); e-mail from William D.Newell to William G. McMahon (Jan. 5,2011,1:10 PM) (talking points attached); e-mail from Mark Chaitto William D. Newell, cc William G. McMahon (Jan. 26, 2011, 09:30:54).


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Attorney General Eric HolderJuly 12, 2011Page 2 of3cartels. There were about 148 multiple long gun purchases by Fast and Furioussuspects, averaging over nine long guns per purchase, mostly by just a few strawpurchasers. Cooperating gun dealers reported the vast majority of these sales to theATF contemporaneously even in the absence of a reporting requirement because theywere suspicious sales to known straw purchasers. Yet ATF did not use this informationto interdict the flow of firearms to the cartels.

The problem with Operation Fast and Furious was not the failure to collectenough information. It was the failure to act on information that the government hadalready collected.

In light of this information, please answer the following questions:1. Is there any other evidence suggesting that ATF or DOJ officials discussed

how Operation Fast and Furious could be used to justify additionalregulatory authorities for the ATF? Ifso, are there any such indicationsprior to July 14, 2010?

2. Rather than collecting additional information on law-abiding gun owners,what steps have you taken to ensure that the ATF is better able to act onthe information it already possesses to interdict the flow of firearms tocriminals?

Thank you for cooperation and attention in this matter. We would appreciate aresponse by July 26, 2011. Ifyou have any questions regarding this letter, please contactJason Foster at (202) 224-5225 or Steve Castor at (202) 225-5074.

Sincerely,

Darrell Issa, Chair anCommittee on Oversight &Government Reformu.s. House of Representatives

Charles E. Grassley, Ranking MeCommittee on the JudiciaryUnited States Senate

Attachment


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Attorney General Eric HolderJuly 12, 2011Page 3 of gcc:The Honorable Elijah E. Cummings, Ranking MemberU.S. House of Representatives, Committee on Oversight & Government ReformThe Honorable Patrick Leahy, ChairmanU.S. Senate, Committee on the Judiciary


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Chait, Mark R..;:::WTi,;~--ce.

Subject:

Chait, M a r l< RWednesday. July 14. 2010 10:25 AMNewell, William D.McMahOn . Wtfljam G.Re: SIR

Bill - can you see if these guns were all purchased from same ffl andat one time. We are looking at anecdotal cases to support a demandletter on long gun mUltiple sales. Thanks Mark R. Chait Assistant---ftiy'retto,' FieldOperations

*** . .NOTICE: This electronic transmission is confidential and intended onlyfor the person(s) to whom it is addressed. If y o u ' have receiife~ thistransmission in error J please notify the sender 'by !etur~ e-mail' anddestroy this message in its entirety (including all 'atta~hments).----- Original Message -----From: Newell J William D.T o : McMahon William G. ; . Ch~it; .Ma~k R . ; .

: Tue lu I 13Subject: Fw: SIR 2019

Another SIR coming. Same Group just discovered another'load, relatedto same case, of 73 guns and about 220 d ru m m ag az in es . (75 round eachof 7.62). At the same time same Group out on another deal related tosame case regarding straw purchase of a $10, 000 . 50 c al ib er fi re ar m.Bill Newell .Special Agent in ChargeAT F Phoenix Field Division ( AI and NM )

***NOTICE: This electronic transmission is confidential and i:nt~nded 'onlyfor the person(s) to whom it is addressed. If ' yo u h av e r-ece ived thistransmission in error, please notify the sende~ by return e-mail anddestroy this message in its entirety (including alt attachments).

~---- Original Message -----From: Voth, David J.

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To: N e e dl e s , Ja m e s R.j N ew e l l~ W il l i a m D .; Vo t h , D a vi d J.; S i g n i f i c a n tActivity R e p o r t~ent: T ue Ju l 13 18:54:52 2010

~ubject: SIR

DEPARTMENT OF JUSTICE - BUREAU OF ALCOHOL, TOBACCO, FIREARMS ANDEXPLOSIVES SIGNIFICANT INFORMATION REPORT

DATE:f R O M :FIELD OFFICE:

Ju ly 13, 2010P h o en i x F i e ld D i vi s i o nPh o e ni x V I I F i e l d Of f i c e

CASE INFORMATIONCASE NUMBER:

~E TITLE:~PECIAL AGENT:TELEPHONE NUMBER:et a l

S YN O P S I S O F INCIDENT/ACTIVITY:R ec o v e ry of 20 - 7.62 r i f l es a s p a r t o f on g o in g tI I I I Ii n v e st i g at i o n .

NARRATIVE O F INCIDENT/ACTIVITY:O n Ju l y 12, 2019, F e d e ra l P a r o le e , w a s a rr e s t ed an dc ha r g ed o n A ri z o n a s t a te c h ar g e s H t a nd R u n an d Fe l o n i nP o s se s s i on o f a Fi r e a rm a ft e r f l ee i n g f r o m Pe o r i a P ol i c e De p a rt m e n tr o l u ni t s . ATF pr o v i de d Pe o r ia P o li c e w i t h i n fo r m a ti o n th a tw a s i n po s s es s i o n of f i r e ar m s a s p a r t ~ f a n a c ti v e o n go i n g . .. .c as e; O p e ra t i on F a st & F u r io u s , 78 5115-10- _f le d .f r om o f fi c e r s an d c r a sh e d h i s v e hi c l e i nt o a c i nd e r "b ~ ;. f t e rj u m pi n g t he t ra i n tr a c k s n ea r t h e i n te r s ec t i o n o f 67t h L an e a n d Gra n d

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A v en u e, P eo r ia , AZ. Bot h lI I II II I Ia n d t he un i de nt i fi e d p as se n ge r f l edt h e s c en e o n f oo t a n d a sh o rt t i me l at er P e or ia P o li c e o f fi c er sca p tu r ed _appro xi ma t el y X mi l e f ro m th e sc e ne . 1IIIIIIII~ uf f er e d a b r ok e n l e g an d wa s t r an s po r te d t o a l o ca l h os pi t al f o rt re a tm en t , th e p as s en g er w as n e ve r lo c at e d. w as r e le a se d .fr o m F e de r al c u st o dy i n S ep t em b er of 2009) ng appro x im a te ly

6e m on t hs af t er h e e n te r ed a pl e a of gu il t y of 84 6 J C o n s p i r a c yt o P o ss e ss M ar ij u an a i n Fe b ru a ry 2094 .During a n i n ve n to r y se a rc h o f t h e ve hi c le , Pe o ri a p ol i ce o f fi c er s,'ecovel ed (29) vROMARM/CUG IR , 7.62x39 caliber rifles from the bed of ...-----th e tr u ck . T h e f i re a rm s ha d b e en pu rc h as e d ea r li e r th a t d ay . by as u bj e ct i d en ti f ie d as a ,s tr a w pu r ch as e r i n th e c oi n ci d in g AT Fi n ve s ti ga t io n . I n a dd it i on , (2) pistol s we r e r ec o ve r ed f ro m t he c abc om p ar tm e nt o f t h e v eh i cl e . A TF a ge nt s t oo k cu s to d y of t he (20)ROMARM 7.62x39 caliber r if l es a s pa r t o f t he o n go i ng AT Fi nv e st ig a ti o n. P eo r ia o f fi c er r et a in ed c us t od y of t he (2) pistols fo rf urt he r s ta te p ro se cut ion .T h is re co v er y a dd s t o t h e to t al of 96 firearms re c ov er e d i n t h e'p . . . .v i ou s 24 days by Group VI I ag e nt s a n d GRIT age nt s as si g ne d t o 'Group~I a s p ar t o f S ou t hw e st B o rd e r F i re ar m s T ra f fi ck i ng in ve s ti g a~ i on s .

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Categories;

Newel l, William D.Tuesday, January 04, 2011 6:19 PMMcMahon, William G.FW: Tentative indictments for Group VIIFast and Furious Talking Points for DAD.doc,docx; PHX GRIT Briefing - Sept tsth.pdf: StrikeForce examples.pptxYellow Category, Red Category, Green Category

From:Sent:To:Subject:Attachments:

We plan on discussing all the cases below at the press conference. In all of them the main ATFcharge is 18USC 924(a)(l)(A) but also include 371, Dealing w/o a License, etc.Since we just had the GRIT press conf in August and most if not all of the very same reporters will be coming Iplan on creating a nexus between that last press conference and our most recent efforts to show the constantand ongoing efforts on our part to address the Illegal trafficking of firearms to Mexico. We are also finalizing ahandout very similar to the one we used for the GRIT (which Melson liked). (Copy attached of GRIT exampleas a reminder of what it looked like).For Fast and Furious and a couple of the below cases we are going to plug the OCDETFStrike Force and theGunrunner Group's role on the Strike Force, basically using the Arizona Strike Force's mission statement whichis "focus investigations on the command and control elements ofthe Sinaloa Cartel and Arizona-based cellsassociated with the Cartel". The Strike Force's 5 investigative strategies include 1/#1- Intelligence driveninvestigations that target CPOT-Ievel members of the Sinaloa Cartel", "#2 - Identification and investigation ofnot only the northern transportation routes for narcotics, but a strict focus on the methods of operation usedby the subordinate cartel cells in Arizona to transport drug related proceeds and weapons back to Mexicofrom and through Arizona"; and

. We did these very things in the Fast and Furious so I feel strongly we lived up to our commitment tothe OCDETFStrike Force concept as do our partners.Also, the case listed under #4 below highlights very well the intermingilng of drug traffickingand firearms trafficking the Phoenix metro area. This case had it all and is a great example of how we workwell with a local PD in quickly addressing not only but also the associated firearmstrafficking of 49 AKs that were purchased in very short order by a diverse group of straws (another reason tomention the long gun reporting issue). The short PowerPoint attachment highlights this case as well as aexample of a map we used for GRIT that we are going to redo to include info on the seizure info of thesecases. Use "ATF" to open.

Bill NewellSpecial Agent in ChargeBureau of Alcohol, Tobacco, Firearms and Explosives (ATF)(Arizona and New Mexico)

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From:Sent:To:Subject:Attachments:

Newell, William D.Wednesday, January 05, 2011 1:10PMMcMahon, William G.Fast and Furious Talking Points for DAD docFast and Furious Talking POints for DAD coc.oocx

Categories : Yellow Category, Red Category, Green Category

Revised.

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Talking Points:(Using the "Ws" method - you can change If you desire)What:

Proactive investigations focused on eliminating the entire firearms trafficking network,not just the straw purchasersATF led firearms trafficking investigations into several firearms trafficking networksbased in metro PhoenixSome initiated as early as October, 2009OCDETF Strike Force effort.Multi-agency (ICE, IRS, DEA, Phoenix PD)Almost exclusively "weapons of choice" which we have openly discussed many timesbeforeAlleged violations of Federal firearms laws by individuals involved in the illegalacquisition and transfer of firearms, money laundering, etc (the VSAO will cover specificcharges per case in more detail). Thus we should only state what is in the indictmentwhen it comes to numbers of f i rearms , The indictment for Fast and Furious will not havethe total number of firearms trafficked. Note: We have seized 352 firearms here in theU.S. in our effort to stop the trafficking while still making the larger case, and about 250have been seized in Mexico. We will update the numbers again next week.

Who:Metro Phoenix area based complex firearms trafficking organizations

For Fast and Furious:

Firearms primarily destined for Sinaloa DTO (based on traces, seizures in Mexico andother investigative data gathered during investigationsA large group of straw purchasers~ were used extensively to spread out purchasesand evade detection (another time to address Multiple Sale on Long Guns issue)

How:Trafficking organizations used a large number of straw purchasers to spread out salesShows straw purchases and the use of straw purchasers is still a major issue (lack ofcriminal history, need money, unlimited resource, etc)Firearms were purchased at numerous FFLs in the metro area

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Firearms were trafficked to Mexico in a variety of ways but mainly in small loads usingvehicles crossing into Mexico via POEs

For Internal ATF Use Only:At no time during the Fast and Furious investigation, or ANY investigation conducted bythe Phoenix Field Division highJigbted above, did ATF personnel knowingly allow firearmsto be trafficked. Every available resource as well as every possible investigative andjudicial process was used to prevent this from taking place. As a result of these efforts inthe Fast and Furious case and as of October of 2010 to the best of our knowledge allfirearms purchasing and trafficking activity by this organization has ended. This is due toseveral factors not the least of which are the many proactive measures taken by the agentsassigned to Phoenix Group VII. Itshould also be noted that throughout the course of theinvestigation numerous seizures were made by other State, local and Federal lawenforcement agencies at the direction of Phoenix Group VII in order to ensure the seizedfirearms did not reach their intended destination but also to ensure the leadership of thisfirearms trafficking organization was not "tipped off" to the proactive measures takenwhile the larger conspiracy case was being prepared for the USAO. To date 350 firearmshave been taken into ATF custody as a result of these combined efforts.

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___________ 2 -------_I_'. _From:Sent:To:Subject:

Newell, William D.Wednesday, January 26, 2011 7:45 AMNeedles, James R; Gillett, George T. Jr.Fw: F& F

I think Intel already did an analysis on the 2000+ guns involved in all the cases we discussed yesterday, Please checkand advise. I recall a document that Marge or Voth had which outlined the amount, type and safes info on all the guns toinclude the fact that 95% were AKs.

NonCE: This a-mail messaqe and any attached files are intended solely for the use otthe addressee(s) named above incormection with offIcial business. Thls.communtcatien may contain Controlled Unclassified Information that may bestatutorily or otherwise prohibited from being released without appropriate approval. Any review, use, or dissemination ofthis e-mail message and any attached file(s) in any form outside of ATF or the Department of Justice without expresseuthorlzation is strictly prOhibited,

from: Chait, Mark R.To: Newelt, William D.C c: M cM ah on , WilHam G.sent: WedJan 2609:30:54 2011SUbject: F& FBill - well done yesterday on the F& Ftakedown and press conference ...in light of our requestfor Demand letter 3, this case could be a strong supporting factor if we can determine howmany multiple safes. of long guns occurred during the course of this case. Could you have thisinformation pulted for us to see i f this may provide concrete info of a recent case. Thanksagain ..Mark R. ChaitAssistant Director_5NOTICE: This e-mail message and any attached files are intended sotely for the use of the addressee(s)named above in connection with official business. This communication may contain Controlled UnclassifiedInforrnation that may be statutorily or otherwise prohibited from being released without appropriate approval.Any review, use, or dissemination of this e-rnsil message and any attached fiJe(s) in any form outside of ATF orthe Department of Justice without express authorization is strictly prohibited.

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Fast and Furious DOJ ATF

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Transcript of Fast and Furious DOJ ATF