Month: October 2022

Source: United States Department of Justice News

Breon Peace, the United States Attorney for the Eastern District of New York (EDNY), in partnership with Damian Williams, the United States Attorney for the Southern District of New York (SDNY), and Brian M. Boynton, Principal Deputy Assistant Attorney General, filed a Statement of Interest today in The City of New York v. Arm or Ally, LLC, to express the Justice Department’s views on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)’s regulations concerning unfinished frame and receiver kits. 

In the lawsuit, the City of New York alleges that multiple firearm businesses have sold tens of thousands of illegal, unfinished frames and receivers to New Yorkers.  These frames and receivers, which are classified as firearms, were then converted into unserialized, untraceable handguns and assault-style weapons, known as “ghost guns.”  Ghost guns contribute to the ongoing plague of gun violence.

The Department of Justice’s Statement of Interest informs the Court that the United States has serious concerns about the proliferation of untraceable firearms easily assembled from firearm parts kits and unfinished frames and receivers.  The Statement of Interest makes clear that ATF has long held that the sale of all components necessary to produce a functional firearm are, and always have been, classified as the sale of a firearm under the Gun Control Act of 1968.  Additionally, the Statement of Interest informs the Court of ATF’s authority to promulgate a rule updating its definition of “frame or receiver” and other statutory and regulatory terms.  

Mr. Peace stated, “Ghost guns are a major contributor to the ongoing plague of gun violence.  The United States will continue to employ every means available, including civil tools, to keep ghost guns and other illegal firearms out of the hands of criminals and reduce the risk of gun violence.  The United States filed a Statement of Interest in this important litigation to ensure that the Court is informed of the federal government’s views of pertinent firearms statutes and regulations.”

Mr. Williams stated, “This Statement of Interest reflects the Department of Justice’s commitment to work with federal, state, and local law enforcement partners to combat the growing problem of ghost guns.  This Office is determined to prevent criminals from accessing untraceable firearms easily assembled from firearms parts kits and unfinished frames and receivers.”

“Ghost guns have for years helped fuel an escalating trend of firearms-related violence,” ATF Special Agent in Charge DeVito said.  “The updated federal regulations are an important step in abating that trend in our local communities.  Today’s filing sends a message that the United States will do its part, using all available means, to support our local partners in their own efforts to curb the flow of these dangerous weapons to the criminal element and violent offenders.”       

For the U.S. Attorney’s Office for the Eastern District of New York, the filing of this Statement of Interest is part of EDNY’s larger Civil Initiative to Reduce Gun Violence.  The EDNY’s Civil Initiative to Reduce Gun Violence was created earlier this year in recognition of the President’s directive to take a whole-of-government approach to combat the epidemic of gun violence and ensure public safety, and complements the EDNY’s Criminal Division’s successful efforts to reduce the scourge of gun-related crimes.  The EDNY’s Civil Initiative to Reduce Gun Violence aims to collaborate with federal, state, and local officials, as well as community stakeholders, to address the root causes of gun-related crime, and supports reform efforts made across the government.  In July 2021, the United States Attorney’s Offices for the Southern and Eastern Districts of New York also joined a cross-jurisdictional strike force to help reduce gun violence by disrupting illegal firearms trafficking in key regions across the country. 

This matter, as well as the EDNY’s Civil Initiative to Reduce Gun Violence, are being handled by Assistant U.S. Attorneys Michael Blume, Richard Hayes, Joseph Marutollo, and Bonni Perlin of the Eastern District of New York, with assistance from Paralegal Specialist Jill Merenda.  This matter was handled in partnership with Assistant U.S. Attorneys Jeannette Vargas and Lucas Issacharoff of the Southern District of New York; Director Alexander K. Haas, Assistant Director Lesley Farby, Trial Attorneys Daniel Riess, and Martin M. Tomlinson of the Federal Programs Branch; and Director Gustav W. Eyler, Principal Deputy Director Amanda Liskamm, and Trial Attorneys Patrick Runkle and Daniel Crane-Hirsch of the Consumer Protection Branch.  

Source: United States Department of Justice News

Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Thomas VanGelder (40, Holiday) to 30 years in federal prison, followed by a lifetime term of supervised release, for attempted enticement of a minor and possessing child sex abuse material. The court also ordered VanGelder to forfeit the electronic devices used in the commission of the offense. Restitution for the victims will be determined at a later date. VanGelder had pleaded guilty on May 31, 2022.

According to court documents, VanGelder had been communicating online with another individual who lived in New Port Richey. During those communications, the individual sent VanGelder child sex abuse material (“CSAM”) that the individual had produced of a child who had been in his care and custody. The FBI arrested the individual, assumed his online identity, and began communicating with VanGelder in an undercover capacity.

Between May 5, 2021, and May 27, 2021, VanGelder communicated with someone who was represented to be that same individual. Unbeknownst to VanGelder, he was in fact speaking with an undercover FBI agent (“UC”). During the conversations, VanGelder sent the UC six images of CSAM and discussed his desire to meet with the UC for the purpose of engaging in sexual activity with the UC’s purported child. VanGelder suggested that the UC provide the child with sleeping pills by hiding it in ice cream so VanGelder could sexually abuse the child while the child was “passed out.”

VanGelder arranged to meet with the UC on May 27, 2021, for the purpose of engaging in sexual activity with the UC’s purported child. The FBI arrested VanGelder once he arrived at the predetermined location in Tampa. During an interview with agents, VanGelder attempted to solicit the help of his then live-in girlfriend to destroy a green bag that was located under his bed in his bedroom. Agents were able to seize VanGelder’s cellphone and observe that the text messages VanGelder had attempted to send did not transmit due to a lack of cell service.

The FBI obtained a search warrant for VanGelder’s residence. At the residence, agents found the green bag, which contained multiple electronic devices. A forensic analysis of an external hard drive revealed VanGelder was in possession of over 4,000 CSAM images, including images depicting prepubescent children subjected to sadomasochistic conduct and bondage. Agents also discovered that VanGelder had been coordinating with an Orlando man to create and produce CSAM of a five-year-old girl and one-year-old boy the Orlando man had in his care and custody.

“As heart wrenching as it is to learn how these predators prey on innocent children, it’s gratifying to share with the public how the FBI’s Child Exploitation Task Forces are finding these perpetrators, rescuing the victims, and ensuring the abusers are brought to justice,” said FBI Tampa Division Special Agent in Charge David Walker.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.