BATFE

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ATF And Local Police Invade Wrong House In Colorado

June 1, 2012 by 5 Comments

SWAT teams and drug task forces raiding the wrong house isn’t a new story or, unfortunately, even a rare one. Radley Balko has written many stories about these raids and the tragic aftermath. If it isn’t the homeowner getting killed, it is the family dog.

Fortunately for Amanda Griego of Greeley, Colorado neither she nor her son Colby were physically injured when a combined ATF-Greeley PD task force knocked down her front door at 7 am on the morning of June 15, 2010. They were looking for a previous tenant by the name of Angela who had not resided at the location for over a year. Moreover, officers from the Greeley Police Department had been informed she didn’t live there twice preceding the day of the raid.

Ms. Griego filed suit in US District Court for the District of Colorado on Tuesday charging the Greeley Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the City of Greeley with violating her 4th Amendment rights. The lawsuit names Officer Alan Steinhage and the unnamed officers and agents of the entry team in both individual and official capacities. It would seem that her attorney is trying to pierce the veil of qualified immunity in this case.

Ms. Griego alleges that Defendants violated her and her son’s Fourth Amendment rights when, intentionally, knowingly, recklessly, and with deliberate indifference to her constitutional rights, entered her home without a warrant, without consent, without exigent circumstances, and without any basis for believing they had any legal right to enter the home.

Ms. Griego was not shown any warrant at the time of the raid nor has she ever been shown one since despite her requests to see it according to the complaint.

The reporter in the video above is correct in that “Angela” is still listed in databases at that address. Even though the reporter blacked-out her last name in the video, you can still read it. When I did a search for that name in Greeley, I found three people with that name in three different locations in Greeley. However, given the local police had visited Ms. Griego’s house twice prior to the raid, you would have to think they could have found the correct address.

I think, unfortunately, when all is said and done that Ms. Griego’s suit will be dismissed because the court will accept the officers’ claim of qualified immunity. It won’t be right and her son will continue to have nightmares of that morning in June.

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Extra Tourists This Summer In Philly

May 7, 2012 by 3 Comments

If the scuttlebutt is correct on CleanUpATF.org, the City of Philadelphia will be getting some extra visitors this summer from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It seems that the ATF will be surging 20-30 agents into Philly for 120 days in an effort to tamp down violent crime. They could also be doing similar surges in Detroit, St. Louis, and Oakland.  VCA or Violent Crime Agency is a snide reference to the ATF and how they formerly called themselves the DOJ’s “violent crime agency”. The post by “FUBAR” is below.

The latest with the “mobile” Violent Crime Agency:

Here in Philly, we’re getting “surge” detail of 20-30 agents for 120days — June 4 through October 1 or so.

Mayor Nutter went to AG Holder and told him that Obama needs to win PA to get re-elected. The only way Obama can win PA is to get out the vote out in Philly and the only way he’ll get it is if something is done with the rampant everyday violence here. Holder called in the FBI and the VCA and basically, the FBI ignored Holder. VCA jumped all over it since it fits in with B Todd’s vision.

Agents from around the country have already received notification of the detail. An “advance” team of bosses and Intel people are in town already, identifying home invasion rings and Hobbs Act robbers so that when the detail agents get here, there will be targets for them.

Dare I note, if these targets already exist, why hasn’t anything been done yet? Why are we waiting? Well, I think that’s due to the fact that the USAO declines everything left and right, EVEN FBI cases. And who runs the violent crime section here in the Philly USAO? Kathy Stark — Tony Tropea’s old friend [more on him later].

Besides bringing in agents from out of town [let’s see, travel, per diem, hotel—what will that cost?] — and let’s not wonder, for now, what will happen to their cases Back Home — the Philly groups all have to give up a couple of agents for this surge.

The group made out of the out-of-towners will be run by PIO Steve Bartholemew. It’s the second time in his brief tenure as Philly PIO that he’s been made an Acting RAC. A little background on Steve — he worked Philly HIDTA with Tony Tropea under Sam Rabadi. The three of them got transferred to Trenton when one of their cases got screwed up. Tropea cried like a little bitch when he got transferred — tough Philly boy that he is. He’s gotten to spend his whole career in his home town and has a sense of entitlement that he deserves to get promoted without transferring. But I digress — Tony cried that he couldn’t do cases in Trenton [only 30 miles north of Philly] because he HAD NO LOCAL CONTACTS. He got back to Philly within weeks. Steve stayed in Trenton; Rabadi made it back to Philly as ASAC when Stankiewicz literally got caught trying to pull down his pants on Intel GS Jill Tucker during the Coatesville Serial Arson case [the same case which made national headlines].

Steve went on and passed the -14 AC. The Trenton RAC slot opened when Rabadi went to Philly, so Steve thought the job was for his taking. However, Mat Horace gave it to Kent Montford. Steve got upset and wanted an explanation from Horace, who told him he didn’t have the breadth of experience [I paraphrase — I don’t think Horace knows the meaning of breadth except maybe the lisping plural of bread?] So, Rabadi and Tropea, who had Philly SAC Mark “Cadillac” Potter’s ear, got Steve transferred into Philly as the **new** PIO [even though Philly hadn’t had the need for a PIO for two years] in exchange for our Philly based FIC [we now have an FIC who works 70 miles away in Reading].

Almost immediately upon his arrival in Philly, Steve was made acting GS of Tropea’s group, the band of merry thugs, while Tropea was anointed acting ASAC, replacing Russ May. This being the same Tropea who has worked his whole career in one city doing only HIDTA cases.. This, in the same city in which we have two GS’s with HQ experience, both of which has actually passed the GS-15 AC. Steve then got to work as a GS for almost a year. He went “back” to PIO back in January, but five months later, he’s given another group to run.

As for the local agents tasked for this surge, they will work in an “expanded” Tropea “super” group. This detail will work 0900 to 1700 [and I know exactly who will get those easy hours since Tropea’s group is known for “owning the late afternoon” –whereas the NYPD Street Crime Unit “owns the night”] and noon to 2200 or so. I don’t know who responds to those shootings after 2200 which seem to be the plurality here.

From a separate source, I hear that a surge is also planned for Detroit [Madea should get a kick out of that], St Louis and Oakland. How much money are we going to spend on details when it could be used to actually hire agents?

Yes, the new mobile Violent Crime Agency. It’s just that arson and explosives aren’t considered violent any more.

The Special Agent in Charge of the Philadephia Field Division is Sheree Mixell. In her former job, she was the Chief of the Office of Public Affairs where she served as ATF’s national spokesperson. This would seem to me the ideal place to run such a surge if you wanted to get the most media attention possible and to have someone experienced in dealing with the press. As to doing it for political purposes to help Mayor Nutter and President Obama, that does disturb me. Moreover, having these teams run by a Public Information Officer just doesn’t pass the smell test.

While the webmaster of CleanUpATF has since redacted some of the information with respect to the cities involved, I happened to see it before he did that. Nonetheless, it is not hard to figure out that it is Philadelphia.

(A quick translation of some of the acronyms above – RAC is the Resident Agent in Charge, GS is a Group Supervisor, HIDTA is high intensity drug trafficking area and PIO is Public Information Officer.)

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There Are No Coincidences

April 27, 2012 by 1 Comment

Yesterday, the BATFE held a briefing for the media on the results regarding traces of firearms recovered in Mexico. Reporters that attended this briefing were not allowed any cameras, recording devices, or video equipment. They were only allowed pen and paper to take notes. Katie Pavlich of Townhall.com tweeted after the event that the moment they got into the briefing they were given a flash drive with the statistics.

The data released show that 68% of the guns submitted for tracing originated in the United States. Note that is only the guns submitted by the Mexican government. Moreover, as Larry Keane of NSSF pointed out in a tweet early this morning, no mention is made of the “Time to Crime” stat. Thus, you don’t know if the “recovered” firearms traced are ones from Operation Fast and Furious or from a burglary in El Paso in 1997.

The BATFE released this yesterday regarding the briefing on the traces.

ATF Releases Government of Mexico Firearms Trace Data

WASHINGTON – Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) today announced the release of trace information for firearms recovered in Mexico and submitted to ATF for tracing. Trace information shows that between calendar years 2007 and 2011 the Government of Mexico recovered and submitted more than 99,000 firearms to ATF for tracing. Of those firearms more than 68,000 were U.S.-sourced. More complete information will be available on the ATF website.

U.S.-sourced firearms are guns determined by ATF to be manufactured in the United States or legally imported into the United States by a federal firearms licensee. Since 2007, trace data shows a trend in recovered and submitted crime guns from Mexico shifting from pistols and revolvers to rifles. Law enforcement in Mexico now report that certain types of rifles, such as the AK and AR variants with detachable magazines, are used more frequently to commit violent crime by drug trafficking organizations.

ATF is working with its law enforcement partners at every level and the Government of Mexico to keep firearms out of the hands of gang members and criminal enterprises. The Mexico trace data is the result of information provided by the Government of Mexico to ATF about crime guns recovered in Mexico and submitted for tracing.

Firearms tracing provides information on the movement of a firearm from its first sale by a manufacturer or importer through the distribution chain in an attempt to identify the first retail purchaser. This information provides investigative leads for criminal investigations.

The Mexico trace data is not the result of any criminal investigation, or investigations, initiated by law enforcement in the United States.

ATF’s National Tracing Center (NTC) is the nation’s only crime gun tracing facility. The NTC provides critical information that assists domestic and international law enforcement agencies solve firearms crimes, detect firearms trafficking and identify trends with respect to intrastate, interstate and international movement of crime guns. The NTC traced more than 319,000 crime guns in calendar year 2011.

ATF is dedicated to reducing firearms trafficking and firearms-related violent crime on both sides of the border.

ATF will also release trace information for firearms recovered in Canada and the Caribbean and submitted to ATF for tracing between calendar years 2007 and 2011.

SayUncle had a post yesterday about how the multiple-long arm reporting requirement for the Southwest border states has now resulted in 123 investigations being started in south Texas. This came from an article on Wednesday in the Houston Chronicle. I don’t think it is any coincidence that the ATF emphasized the use of ARs and AKs “with detachable magazines” by the narco-terrorists in their press release.

Yesterday, Rep. Denny Rehberg (R-MT) had an amendment adopted to the FY13 Commerce, Justice and Science House Appropriations Bill which “would prevent the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) from using federal funds to track the purchases of gun owners who buy multiple rifles within a certain time period.”

From Rehberg’s statement on his amendment:

“While President Obama and his allies in Congress continue to undermine the Constitution, and infringe on our gun rights, I’ll keep fighting to ensure those rights are upheld,” said Rehberg, a member of the Second Amendment Task Force. “The ATF continues the effort to implement new gun control regulations without the approval of Congress, and, tragically, those efforts have included breaking our own country’s laws with the ‘Fast and Furious’ program. My amendment tells the Obama Administration that Congress will not tolerate this.”

The ATF regulation, first proposed in December of 2010 and approved by the Office of Management and Budget (OMB) on July 11, 2011, requires federally licensed firearm dealers (FFLs) to file reports with ATF on all sales of two or more semi-automatic rifles within five consecutive business days if the rifles are larger than .22 caliber and use detachable magazines. The requirement applies to dealers in California, Arizona, New Mexico, and Texas, but could be expanded to other states using the same obscure regulatory process used to create the rule. Information gathered from the dealers will be kept in a federal database for two years. While Congress passed legislation in the 1990s to allow ATF to track multiple-sales of handguns, they did not intend to expand this regulation to include long guns.

I also think it was no coincidence that BATFE held their press conference as Rep. Rehberg was working to amend the appropriation for their agency which would remove their ability to force FFLs in the Southwest to make reports on certain gun sales. The congressional liaison for BATFE (or more appropriately, agency lobbyist) would have known of these hearings and of Rep. Rehberg’s intent to offer his amendment which did pass.

Nothing happens without a reason in Washington. The BATFE press briefing may be seen as a counter-attack on the critics of that agency for both Project Gunwalker and the Administration’s attempt to use regulatory fiat as a gun control measure.

UPDATE: Sen. Chuck Grassley (R-IA) had this to say in a release about the data given out by BATFE yesterday.

“Thorough gun statistics are hard to come by and tricky to interpret. The key to this data is that most of these guns can’t be traced to U.S. gun dealers. And, some of those would actually trace back to the United States because of the federal government’s own gunwalking scandal. We also have to remember that the only guns Mexico is going to submit for tracing are guns they know are from the United States, which clearly paints an incomplete picture of the firearms found in the Mexico.”

Katie Pavlich of Townhall.com who did attend the press briefing has a full report on it here. It seems some of her questions were not able to be answered (or they said they didn’t have the data).

UPDATE II: Larry Keane, General Counsel of NSSF, has a blog post up entitled “The Shrinking ‘Vast Majority’: NSSF Responds to ATF Mexican Trace Report.” It dissects the BATFE report and how some politicians and some in the media have played it up.

On the 90% myth:

But it shouldn’t surprise anyone to learn that many of the firearms recovered and traced come from the United States. That is because U.S. law requires markings on firearms precisely so they can be traced by law enforcement through commerce. It is sort of like tracing the VIN number on cars on a Ford dealership lot and be surprised to learn that most are Fords. What the 90 percent myth does not account for, and the media turns a blind eye to, and what yesterday’s ATF report does not shed light on, is the fact that you know nothing about the firearms recovered in Mexico but were never traced — like the firearms that the 150,000 or so Mexican soldiers took with them when they defected to go work for the drug cartels over the past several years.

On Time to Crime:

Perhaps what is most interesting about ATF’s report is the fact that it does not discuss the “Time to Crime” (TTC) for the Mexican traced firearms. ATF always gives TTC when it issues a tracing report (click here for an example). Why did ATF omit this piece of information? Because it knows that on average firearms (of all types) recovered in Mexico and successfully traced were on average originally sold at retail after a background check more than 15 years ago.

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In Other ATF News… (Updated)

July 12, 2011 by 3 Comments

Elite Ammunition of Harvard, IL received a visit from “an ATF SWAT Team” today and was served a search warrant. From the post this afternoon on AR15Armory.com by Jay Wolf, President of Elite Ammunition:

BATF Classifies .223, 6.5 Grendel and 6.8SPC as Pistol Round

BATF and EA Recent Finding.

EA has had to remove our Trident bullets in .223, 6.5 Grendel and 6.8 SPC. The BATF has ruled that all of these cartridges are now pistol cartridges. Since they are now pistol cartridges their construction now falls under the content and construction limitations of the 68 GAC and pistol cartridges.

Currently from other bullet makers like Barnes, solid .223 caliber bullets are still being manufactured and sold . We are working with our BATF IOI person to find out the following,

A) Is Barnes bullets and all other maker that constructs solid bullets in .223 going to have to stop.
B) If not then why do we have to stop since out basic shape and metallurgical content of our PFP bullets are the same as theirs?
C) Since they are now handgun caliber limited how does Magtech solid copper pistol bullets not fall under the 68 GAC as AP?
D) If Solid copper is not considered a violation of the 68 GAC in handgun bullets then it should also be not a violation of the 68 GAC to make EA’s PFP bullets from solid copper as Magtech does.

Those who have T6 ammunition and PFP bullets will be contacted by the BATF to recover any bullets or ammunition that have not been FIRED yet.

I apologize for this inconvenience and hopefully we can get this matter straightened out one way or another.

Jay Wolf
Pr. Elite Ammunition

The Trident bullets in question are made of turned homogenous copper zinc alloy. Pictures can be seen below. From what I can tell, they are very popular with hog hunters. They are described as ” Extremely accurate with friction reducing cuts allowing for higher velocity and lower pressure. These bullets provide great penetration of a solid, but with the cuts fragmentize after entering the target.”

 H/T SayUncle

UPDATE: Sebastian at Snowflakes in Hell has more on this including the Federal regulations in question. Depending upon the specific composition, copper zinc alloys can be considered brass and might be problematic if considered a handgun round.

UPDATE II: The owner of Elite Ammunition made a further post this morning about the raid and what was taken by ATF:

Yes we where raided. 15 grand in stock taken off our shelves, computers and anything else they wanted.

They had a ruling and it was created the day before. The search warrant was created late that afternoon of the same day and in the morning the 8 ATF folkes where coming through my door.

They let me look at it but not make copies and did not bring copies for me of the new interpretation.

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Fireworks And Ken Melson?

June 25, 2011 by 1 Comment

In a public service message released yesterday on YouTube by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Acting Director Kenneth Melson warns of the dangers of fireworks as we approach the 4th of July. For a moment I thought he was alluding to the impact of his testimony if he is allowed to testify before the House Oversight and Government Reform Committee but I guess not.

I don’t know when this video was recorded. However, when you combine this video with the Gay Pride Observance held earlier this week, they seem to be using these mundane events to promote the image that everything is peachy keen at ATF. It has the same impact as a little kid holding his hands over his ears and singing so as not to hear bad news – it doesn’t change anything.

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Presented Without Comment

June 21, 2011 by 5 Comments

Mike Vanderboegh posted the following BATFE news release that he was sent. I present it without comment which, to be honest, is damn hard to do!

From: Colbrun, Ginger L. [mailto:Ginger.L.Colbrun@usdoj.gov]
Sent: Monday, June 20, 2011 11:34 AM
To: Colbrun, Ginger L.
Subject: ATF HOSTS 1st GAY PRIDE OBSERVANCE

FY-11-15 For Immediate Release

Contact: Public Affairs Division
June 20, 2011
(202)648-8500 www.atf.gov

ATF HOSTS 1st GAY PRIDE OBSERVANCE

Congressman Barney Frank to Deliver Remarks

WASHINGTON, D.C. – Rep. Barney Frank and Acting Director Kenneth Melson of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will host the 1st Lesbian, Gay, Bisexual and Transgender (LGBT) Pride Month program at the ATF headquarters, Wednesday, June 22, at 9 a.m.

WHO: Rep. Barney Frank, 4th Congressional District of Massachusetts
Acting Director Kenneth Melson
WHAT: 1st Lesbian, Gay, Bisexual and Transgender (LGBT) Pride Month program
WHEN: 9 a.m. (Media should arrive by 8:30 a.m. in the ATF Visitor’s Center)
WHERE: ATF headquarters, 99 New York Ave. NE, Washington, D.C.
NOTE: Please RSVP to ATF Public Affairs Division (202) 648-8500 prior to the event.

Ginger Colbrun
Public Affairs Division
Bureau of Alcohol, Tobacco, Firearms and Explosives
Direct: 202.648.7938
Cell: 202.631.3543
ginger.colbrun@atf.gov

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Why 70% Of Comments Received Were In Favor Of ATF’s Multi-Rifle Reporting Proposal

May 18, 2011 by 11 Comments

As reported by Reuters and commented on here, over 70% of the comments received by the Bureau of Alcohol, Tobacco, Firearms, and Explosives were in favor of instituting an additional reporting requirement for multiple sales of semi-automatic rifles in calibers greater than .22. As I said then, it just didn’t pass the smell test.

I was correct. It doesn’t pass the smell test. ATF is correct in that 70% of the comments received were in favor of it. However, examining the comments that have been made available on the ATF’s Freedom of Information Act page, it quickly becomes evident that most of the pro-reporting comments were form letters sent by a bulk mailer program. The comments are identical and just strip in the sender’s name and address. The only variation was whether the comment was addressed to “Dear Barbara Terrell” or omitted that.

It’s time that Obama administration does more to crack down on the gun smuggling carried out by the Mexican drug cartels.

I strongly support the ATF’s proposal to require dealers along the border to report bulk sales of assault rifles, just like they already do with handgun sales. The ATF must use its authority to collect this information and better enforce the laws already on the books.

With more than 30,000 people already murdered in cartel wars, this is an emergency that demands our government’s immediate attention.

It didn’t take much effort to find the source of these form letter e-mails. It was from a site set up by our old friend Mayor Bloomberg and his Illegal Mayors in conjunction with Salsa Labs and Democracy In Action. They have tied themselves into this “progressive network” which also does work for the Democrat Party, the AFL-CIO, and various other causes and political organizations.

Just examining the comments submitted in the A through D files, there were 2,291 identical pro-reporting comments. Below you can see screen shots of the top half and bottom half of the page. Please notice the pre-written “comments” and the logo of the Illegal Mayors.

I won’t say I didn’t find pre-written comments opposing the measure – I did – but they were not nearly as common as those from the Illegal Mayors. I would hope that the ATF does not just look at the number of comments in favor of the reporting requirement but rather at the actual comments. While I don’t have any expectation of this, at least Congress might.

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ATF Coverup In North Carolina?

May 4, 2011 by

The Confederate Yankee, Bob Owens, has a story today about how the BATFE Charlotte Field Division and its offices in Greensboro and Fayetteville are stonewalling an investigation into how a convicted felon came to control three firearms companies as well as be in possession of firearms and parts.

According to Bob, Lee Booth of Greensboro was the owner of Detonics USA and has a controlling interest in Victory Arms and Templar Consulting. Mr. Booth was convicted of 2nd Degree Kidnapping in 1981 and served a four year term. Bob wrote an article for Pajamas Media on this back in October 2010 detailing Booth’s involvement with these companies. He also issued a correction and clarification on the story in early November.

Today’s story states:

As part of a current BATF investigation being run out of the Charlotte office, the investigating ATF agent instructed other employees to pick up Form 4473s linked to Booth to be picked up from numerous gun stores in North Carolina.

One of the more crucial sets of documentation comes from Ed’s Guns in Vass, North Carolina.

Records show that Booth has run literally hundreds of weapons through this particular store, including hundreds of Detonics pistols and an alleged “straw sale” of a .50 BMG sniper rifle from Booth’s personal collection. According to sources, Booth is also alleged to have purchased gun parts from other stores, and is alleged to have been a frequent Saturday visitor to Caliber’s Indoor Gun Range in Greensboro. All of these allegations are potential felonies, and most are easily proven by simply obtaining records from the locations in question.

But the agent in charge of the investigation has run into a stonewalling effort being orchestrated by local agents and auditors that failed to act upon numerous felony violations in the past due to their own incompetence and breaking of procedure. Sources indicate that BATF employees in Fayetteville that obtained the 4473s from Ed’s Guns in Vass are refusing to provide those documents to the Charlotte-based agent in hopes of protecting the BATF agents and auditors in Greensboro.

You’d think that the ATF would welcome the chance to nail the owner or former owner of a firearms company as being a felon in possession. They certainly jumped on Shawn Nealon, former head of Cavalry Arms, with their full force when they found Nealon had dealt weapons illegally to an out-of-state resident. They seized all the assets of the company and essentially forced it out of the firearms business. Getting a conviction on a felon in possession would seem like a no-brainer compared to that. However, if you need to cover up the incompetence of your employees, then I guess not.

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When It Rains, It Pours

April 10, 2011 by

The Bureau of Alcohol, Tobacco, Firearms, and Explosives is a public relations pro’s nightmare. Just when things seem they can’t be any worse given the gunwalking allegations of Operation Fast and Furious, comes news of an ATF Special Agent being arrested in Virgina on Federal felony charges of theft, fraud, and firearms violations.

US Attorney Timothy J. Heaphy of the Western District of Virginia announced the arrest of BATFE Special Agent Clifford Dean Posey on Wednesday.

In an indictment returned under seal on Tuesday, the grand jury has charged Clifford Dean Posey, 43, of Chesapeake, Va. with six counts of wire fraud, six counts of embezzlement, two counts of possessing stolen firearms, four counts of making false statements and two counts of money laundering. The indictment was unsealed earlier today following Posey’s arrest and initial court appearance.

According to the indictment, as part of his duties Posey came into possession of various items of property that were under his control, including but not limited to firearms, cigarettes, tobacco products and United States currency.

Beginning no later than 2007, Posey began falsifying documents relating to firearms under his custody and control in order to embezzle and convert them to his own use. On one occasion included in the indictment, Posey advertised for sale firearms he had come into custody of by virtue of his employment.

The indictment charges that during 2010 the defendant assisted in the investigation of illegal cigarette trafficking. Posey obtained the access code to a storage unit containing cigarettes intended for use in undercover tobacco investigations. The defendant later contacted two potential targets of the investigation and offered to undercut the negotiated ATF price, an action the defendant was not authorized to take and one he failed to disclose to ATF, as pursuant to protocol.

Beginning in July 2010 Posey was the lead case agent in an undercover tobacco investigation and, in that capacity, was entrusted with the custody and control of cigarettes and other tobacco products. The indictment alleges that on four separate occasions from September 4 through November 19, 2010, Posey sold cigarettes in his control by virtue of his employment, retained the proceeds and failed to report the transactions to the ATF or any other law enforcement officers working on the investigation.

The indictment also alleges that Posey falsely submitted receipt and release reports to the ATF regarding firearms. The defendant claimed in the reports that several stolen firearms were either released to the rightful owner or destroyed, when in fact the defendant had taken possession of those firearms.

Because Posey was assigned to the Norfolk-Hampton Roads area of Virginia, the US Attorney for the Eastern District of Virginia recused his office from this case.

Eastern Virgina comes under the jurisdiction of the ATF Washington Field Division. Until December 2010, the Special Agent in Charge of the Washington Field Division was Edgar Domenench. He was appointed Sheriff of New York City by Mayor Bloomberg on December 7th. Domenench was Deputy Director of ATF but was demoted in 2008 to the position of SAC for the Washington Field Division for what he claims was his whistle blowing about cost overruns in the construction of the new ATF Headquarters. According to the scuttlebutt on CUATF, Domenench was a weak and abusive leader. If that is true, it probably isn’t surprising that an agent under his control was a crook.

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Melson – Thanks For The Invitation But No Thanks

March 29, 2011 by

Kenneth Melson, Acting Director of ATF, was scheduled to testify before the Senate Foreign Relations Subcommittee on Western Hemisphere, Peace Corps, and Global Narcotics Affairs this Thursday. I even speculated that this would be a great time for the Senators to grill Mr. Melson about Operation Fast and Furious.

Mr. Melson must have had the same thought because he has decided not to testify. Moreover, no one from either ATF or the Justice Department are on the new list of witnesses. Given the topic was counter-narcotics and citizen security, it would seem that DOJ might have sent someone. After all the Drug Enforcement Administration is a line DOJ agency just like the FBI and ATF.

Sharyl Attkisson of CBS News contacted the Subcommittee for more information on why Melson will not be testifying.

We contacted the Senate Foreign Relations Committee to ask why Melson is no longer scheduled to appear. They referred us to the office of Sen. Robert Menendez (D-N.J.) who chairs the subcommittee holding the hearing. A press spokeswoman at the senator’s office said it was Melson’s decision not to testify, and that the subcommittee doesn’t have jurisdiction over ATF.

Later, a spokesman told us in an email, “The Subcommittee had invited, but not confirmed, Mr. Melson as well as other officials from ATF to testify at the hearing this week. In the end, ATF declined to send a representative.”

It is also speculated that one of the main reasons for the delay in confirmation hearings for Andrew Traver is the fallout from Operation Fast and Furious.

My gut feeling is that the only way we will have public, on the record, under oath hearings into Operation Fast and Furious and gunwalking is if the House Committee on Oversight and Government Reform under Rep. Darrell Issa holds them. The House Judiciary Committee could also hold hearings as they have oversight over the Department of Justice.

As much as I am thankful for all the great work that Sen. Chuck Grassley has done to find the truth about Project Gunwalker, he is still only the Ranking Minority Member of the Senate Judiciary Committee. Unless Sen. Pat Leahy and the Democrats decide to hold hearings into it, they just aren’t going to happen in the Senate.