Month: June 2023

Source: United States Department of Justice News

On June 14, 2023, Attorney General Merrick B. Garland and Deputy Attorney General Lisa O. Monaco convened a meeting with the Criminal Division, FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), U.S. Marshals Service, and all 93 U.S. Attorneys to discuss ongoing efforts to reduce violent crime and combat the gun violence that fuels it. These efforts include implementing the landmark Bipartisan Safer Communities Act (BSCA) passed by Congress and signed by the President last June; addressing the proliferation of untraceable and unlawful “ghost guns” that threaten public safety; surging resources to federal, state, local, and Tribal law-enforcement partners on the front lines; and adopting other common-sense reforms that keep guns out of the wrong hands.   

Focusing U.S. Attorney Resources on Gun Crimes: Today during the meeting, the Attorney General reiterated his February 2022 direction to U.S Attorneys’ Offices to prioritize combating gun violence. Among other actions, the Attorney General directed U.S. Attorneys to increase prosecutorial resources devoted to cracking down on illegal firearm trafficking pipelines, to hold accountable those who possess unlawful “ghost guns,” and to pursue investigations against unlawful gun dealing. 

Expanding Background Checks: BSCA expanded background checks to include juvenile criminal and mental health records and local law enforcement contacts for prospective purchasers under the age of 21. Since the law’s enactment, the FBI has conducted more than 100,000 enhanced background checks for purchasers under the age of 21. Those checks have kept nearly 1,000 firearms out of the hands of dangerous and prohibited persons – including over 200 attempted transactions that were denied solely because of the changes made by BSCA. The FBI continues to engage in extensive education and outreach efforts to improve the state and local partnerships necessary to the success of these enhanced background checks, including by hosting webinars attended by over 500 law enforcement agencies.

Narrowing the Boyfriend Loophole: BSCA also narrowed the so-called “boyfriend loophole” by expanding restrictions on firearm purchases by those convicted of misdemeanor crimes of domestic violence to include those convicted of assault in a “dating relationship.” In August 2022, the FBI implemented the new “dating relationship” definition into its background-check system, and in October, the Department trained federal prosecutors and law enforcement agents on the expanded restriction. The Department is also continuously engaging in efforts to educate state and local law enforcement, prosecutors, and court personnel on the need to document “dating relationship” factors in police reports and court records.

Fighting Illegal Trafficking in Firearms: BSCA created new criminal offenses for unlawfully trafficking in firearms and for straw-purchasing a firearm on behalf of a prohibited person, and it expanded the definition of “engaging in the business” of dealing in firearms. In the months since BSCA’s enactment, the Department held multiple trainings for federal prosecutors and law enforcement agents on these new provisions. That upfront investment is paying dividends in the courtroom: U.S. Attorneys’ Offices around the country have already charged more than 100 defendants with the new BSCA offenses of firearms-trafficking and straw-purchasing, and prosecutions for engaging in the business of dealing in firearms without a license have increased 52% over their FY2021 level.

Funding Evidence-Based Interventions: BSCA authorized a total of $1.4 billion in funding for new and existing violence-prevention and -intervention programs between 2022 and 2026. The Department has awarded more than $231 million in Byrne State Crisis Intervention Program grants that will fund state crisis intervention programs, such as drug, mental health, and veterans’ treatment programs and extreme risk protection orders that will keep guns out of the hands of those who pose a threat to themselves or others. State programs funded by the grants so far include:

• Education, training, and public-awareness campaigns on extreme risk protection order (“red flag”) laws;
• School resource officer training programs related to gun violence and youth mental health; and
• Drug, mental health, and veterans treatment courts and behavioral health responses such as crisis mobile response teams and stabilization facilities.

The Department has also announced the allocation of

Cracking down on ghost guns:  Privately made firearms (PMF) – more commonly known as “ghost guns” – are especially attractive to dangerous and prohibited persons because of their untraceable nature. In 2022, the Department recovered 25,785 ghost guns in domestic seizures, as well as 2,453 through international operations. So far in 2023, the Department has recovered more than 10,000 PMFs domestically and 1,000 internationally. These recoveries come on the heels of newly announced Department regulations that modernize firearm definitions to curb the proliferation of ghost guns.

Enhancing Firearm and Ballistics Tracing Efforts: The Department continues to expand the availability and effectiveness of federal investigative resources to help state, local, and Tribal partners solve crimes and bring perpetrators to justice. Last year, the National Tracing Center operated by the ATF conducted 622,735 traces for firearms associated with crimes, representing a 10% increase over 2021 and a 48% increase over 2017. As of June 2023, the National Tracing Center has conducted 299,319 traces and is forecasting a total of over 675,000 traces by the end of this year. Nearly 10,000 law enforcement agencies have now been granted access to eTrace, the online system that allows participating agencies to submit firearm traces to ATF. And since June 2022, the ATF’s National Integrated Ballistic Information Network (NIBIN) has generated approximately 200,000 leads for law enforcement partners across the country.

Holding Gun Dealers Who Violate the Law Accountable: The Department has adopted an enhanced enforcement policy for federally licensed firearms dealers who willfully violate the law – for example, by refusing to run required background checks or selling guns with full awareness that they will end up in the hands of prohibited persons. Earlier this year, the ATF published information on over 90 federal firearms license revocations.

Source: United States Department of Justice News

            WASHINGTON – Terreance Robinson, 25, of Washington, D.C., pleaded guilty, yesterday, to assault with intent to kill while armed in connection with a retaliatory shooting, and possession of a firearm in furtherance of a drug trafficking crime.  The plea was announced by U.S. Attorney Matthew M. Graves, FBI Special Agent in Charge Wayne A. Jacobs, of the Washington Field Office, and Interim Chief Ashan Benedict, of the Metropolitan Police Department.

            According to the Government’s evidence, on October 20, 2022, around 6:08 p.m., surveillance captured the defendant in the Clay Terrace neighborhood with his juvenile co-conspirators. While there, the defendant pulled two firearms out of his waistband before providing one to a juvenile co-conspirator. At approximately 6:42 p.m., the defendant and his three juvenile co-conspirators drove a carjacked vehicle (“Suspect Vehicle”) from the Clay Terrace neighborhood to the 500 block of 51^st Street Northeast, Washington, D.C. in the Lincoln Heights neighborhood. The defendant and his co-conspirators targeted a group of people who were gathered by the 500 block of 51^st Street NE.

            While driving by the group, the defendant and his co-conspirators fired their firearms at the group, prompting everyone in the group to flee. During the shooting, the Suspect Vehicle that defendant and his co-conspirators occupied collided into a parked vehicle on the road by 519 51^st Street NE. The defendant and his co-conspirators swiftly exited the vehicle and fled the scene as the defendant continued to shoot his firearm at the retreating group. At least one individual in the targeted group was shot multiple times and was hospitalized for his injuries. While fleeing the scene, the defendant and his co-conspirators ran through Marvin Gaye Park and back to the Clay Terrace neighborhood in Washington, D.C. The investigation revealed that the shooting was retaliatory in nature.  

            Less than a month later, on November 16, 2022, federal and local law enforcement executed a search warrant at the defendant’s residence. At the commencement of the search, the defendant ran upstairs and tossed out of a window a Glock 17, 9mm firearm. Police arrested the defendant and found, on his person, distribution-quantities of fentanyl and cocaine base that were packaged for sale. Ballistics analysis linked the Glock 17, 9mm firearm recovered from the defendant’s residence on November 16, 2022, to the October 20, 2022 shooting in Lincoln Heights. At the time of defendant’s conduct on October 20 and November 16, the defendant was on supervision in a case for which he had previously plead guilty for unlawful possession of a firearm.   

            On June 13, 2023, the defendant pleaded guilty, in the U.S. District Court for the District of Columbia, to assault with intent to kill while armed and possession of a firearm in furtherance of a drug trafficking crime. U.S. District Court Judge Jia M. Cobb scheduled a sentencing hearing for September 14, 2023, at which time the defendant faces a sentence of 15 years in prison. 

            In announcing the plea, U.S. Attorney Graves, Special Agent in Charge Jacobs, and Interim Chief Benedict commended the work of those who investigated the case from the FBI’s Safe Streets Task Force in Washington, D.C., and MPD’s Violent Crime Suppression Division. They also acknowledged the efforts of Assistant U.S. Attorneys Sitara Witanachchi and Will Hart, of the Violence Reduction and Trafficking Offenses section, who are prosecuting the case.

Source: United States Department of Justice News

A Montana man was sentenced by Chief U.S. District Judge Brian M. Morris to 18 years in prison followed by five years of supervised release for shooting into a residence and attempting to shoot others with the intent of ridding a town of LGBTQI+ residents.

John Russell Howald, of Basin, was convicted by a federal jury on Feb. 17 of a hate crime involving an attempt to kill and discharge of a firearm during and in relation to a crime of violence for firing an AK-style rifle at the residence of a woman who was known within the town as lesbian and was home at the time, and then walking further into town intending to target others he perceived to be lesbian, queer, and gay. The trial lasted four days.

“This defendant is being held accountable for his horrific attempted mass shooting against the LGBTQI+ community in a Montana town,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Howald set out to rid the town of all LGBTQI+ members by killing them. He shot into the home of a lesbian resident, nearly killing her, with the hope of inspiring similar attacks around the country. The Justice Department will continue to vigorously defend the rights of all people, regardless of their sexual orientation, to be free from hate-fueled violence. This Pride Month, we affirm our commitment to using the Matthew Shepard and James Byrd Hate Crimes Prevention Act to hold perpetrators of hate-fueled violence targeting the LGBTQI+ community accountable.”

“Howald fired multiple shots into someone’s home based solely on her sexual orientation and only the heroic and brave actions of residents and law enforcement, as well as some good fortune, prevented a targeted mass shooting,” said U.S. Attorney Jesse Laslovich for the District of Montana. “It is the kind of conduct that has no place in Montana, which is why our office vigorously prosecuted Howald and why the justice system is holding him accountable for his actions. Our office has an unshakable commitment to uphold the rule of law and protect the civil rights of all Montanans, including our LGBTQI+ friends and family members.”

“Motivated by hatred of the LGBTQI+ community and armed with multiple firearms and high-capacity magazines, this defendant sought to intimidate – even terrorize – an entire community by shooting into the victim’s home trying to kill her for no reason other than her sexual orientation, this defendant did something distinctly un-American by depriving her of her sense of safety, freedom and privacy all at once,” said ATF Director Steven Dettelbach. “This 18-year sentence reflects the appalling nature of Howald’s actions. I want to commend the ATF Helena Field Office and the U.S. Attorney’s Office for their extraordinary work ensuring justice, not only for the victim, but for the entire LGBTQI+ community.”

“The unfortunate reality is bigotry and hate exist in our communities. Still, as a diverse nation, we will not tolerate violence motivated by such bias,” said Acting Special Agent in Charge Cheyvoryea Gibson of the FBI Salt Lake City Field Office. “The harm and trauma experienced by the victim, her family, and the entire community may be irreparable, but rest assured, the FBI is committed to protecting the civil rights of all.”

According to court documents, on March 22, 2020, Howald went on a self-described mission to rid the town of Basin of its lesbian, queer and gay community. Howald was armed with two assault rifles, a hunting rifle, two pistols and multiple high-capacity magazines that were taped together to speed reloading. Howald walked to the first victim’s residence and fired multiple rounds from an AK-style rifle into her property and home, all because of his belief regarding her sexual orientation. Hoping he had killed her, Howald set off toward other houses occupied by people who identify as lesbian, queer or gay.

Local residents, who knew Howald and happened to be leaving church, stalled him long enough for a Jefferson County Sheriff’s Office deputy to respond and inadvertently recorded Howald yelling and firing more rounds with the same rifle, expressing his hatred toward the community’s gay and lesbian residents and his determination to “clean” them from his town. When the deputy arrived, Howald pointed the AK-style rifle at the officer, nearly starting a shootout in downtown Basin, and then fled into the hills, firing at least one round as he went. Law enforcement arrested Howald the next day and found him armed with a loaded pistol and a knife. In Howald’s car, officers found an AR-style rifle and a revolver. During a search of Howald’s camper, officers found an AK-style rifle, a hunting rifle, and ammunition.

Assistant Attorney General Clarke, U.S. Attorney Laslovich, Special Agent in Charge Gibson and ATF Director Dettelbach made the announcement.

The FBI, ATF and Jefferson County Sheriff’s Office investigated the case.

Assistant U.S. Attorney Ethan R. Plaut for the District of Montana and Trial Attorney Eric N. Peffley of the Civil Rights Division’s Criminal Section prosecuted the case.

Source: United States Department of Justice News

Remarks as Prepared for Delivery

Thank you so much, Director Dettelbach.

And, thank you to the women and men of the ATF for hosting us today. 

Thank you all for being here and for your commitment to our shared mission of keeping the American people safe.

I also want to acknowledge the dedicated members of the U.S. Attorney community here today—U.S. Attorneys Diggs, Esparza, Hamdani, Restaino, Simonton, and Uballez. Thanks for the work you are leading across this country to combat firearms trafficking.

It’s also great to be here with Deputy Secretary John Tien and the Deputy Homeland Security Advisor, Josh Geltzer. 

And I’m grateful to Ambassador Ken Salazar for taking time out from the Chief of Missions conference to be here for this important discussion.

Although we represent different agencies, we share the same commitment to fighting the epidemic of gun violence that has shattered communities across our country.

Disrupting illegal firearms trafficking networks—those that operate within our borders and across them—is central to our efforts on both fronts.

The size and scale of the gun and drug trafficking networks we confront demand a united, comprehensive approach.

That is why we are here today.

The ATF is focused on using all of its authorities to prevent the trafficking of illegal firearms in the United States.

As you all know, the majority of firearms trafficked into Mexico—including high caliber and assault weapons—are shipped from the United States. The rise of privately made firearms, or “ghost guns,” has only made this problem more acute.

These weapons empower drug cartels to intimidate local communities, challenge state authority, and expand their deadly drug trade back into the United States.

Tragically, some of these weapons have been used against Mexican security forces bravely seeking to capture cartel leaders responsible for so much death and destruction both in Mexico and the United States.

That’s why we at the Department of Justice have ramped up our efforts to combat this challenge in four essential ways.

First, under Director Dettelbach’s leadership, we have increased joint operations with our Mexican law enforcement partners through Operation Southbound—the Department’s signature initiative to disrupt the trafficking of firearms from the U.S. to Mexico.

Since its creation, Operation Southbound has deployed nine Firearms Trafficking Task Forces to eight cities along the Southwest Border.

Focused on the trafficking of firearms to Mexico, these teams include partners from Homeland Security Investigations, Customs and Border Protection, and state and local law enforcement, as well as prosecutors across the U.S. Attorney community and the Department’s Criminal Division.

As a result of these combined efforts:

• Nearly 2,000 firearms were seized from last October to just the past March—a more than 65% increase over the same period last year.
• Over 80,000 rounds of ammunition were seized in the same period—also a substantial increase since last year.

In this room today, we have gathered the ATF leadership and U.S. Attorneys that are driving that success. Thank you, in advance, for the sustained commitment, energy, and initiative that we will build on in the days ahead.

Second, in partnership with the Government of Mexico, we have expanded access to the ATF’s eTrace system to enable Mexican law enforcement to quickly track the origin and purchaser of crime guns. In the last several months, nearly 12,000 traces were submitted to ATF by Mexican government agencies, and over a third of those were successfully traced to a purchaser.

Third, last year the Department of Justice established a new cartel weapons trafficking group along the Southwest border—led by U.S. Attorneys. It has already taken concerted action against firearm-trafficking networks.

Lastly, we are using new criminal authorities established by the Bipartisan Safer Communities Act to identify and hold firearms traffickers accountable.  

Our agents and prosecutors have now charged over 100 defendants with violations of these new firearms-trafficking or straw-purchasing provision, or in some cases, both. The firearms-trafficking provision has proven particularly useful at the Southwest Border, as more than half of all cases charging that new offense have been brought by border-state U.S. Attorneys’ Offices.

There are many important investigations that the U.S. Attorneys here today will highlight, including a joint ATF and HSI investigation that resulted in the arrest of Michel Bacasegua-Barriga, the alleged leader of a prolific transnational firearms trafficking group based in Nogales, Sonora. Barriga was arrested in May in partnership with Mexico’s FGR and is being prosecuted by the U.S. Attorney’s Office for the District of Arizona.

Another example of your collective efforts is the prosecution of Roberto Lugardo Moreno Jr. in the Southern District of Texas, a case that was made possible by cooperation with Mexican law enforcement officials. Moreno, who has pleaded guilty, straw purchased an AR-15 in Texas that was transported to Mexico and linked to the notorious kidnapping and murder of U.S. citizens in Matamoros just a few months ago.

These are just two examples of the outstanding work that U.S. and Mexican law enforcement are performing every day to combat cartels, trafficking organizations, and violent crime. But we must do more. Together with our partners across government, including Deputy Secretary Tien and Ambassador Salazar, we are committed to deepening our coordination and enhancing our efforts to protect our communities.

I urge all of us here today to redouble our efforts in the following ways:

First, we know that data driven efforts yield better results. To successfully combat firearms trafficking, we need reliable, actionable data that can be shared in real time.

To help drive this effort, I have designated a senior prosecutor in my office—Mike Ben’Ary—to lead this process and to identify new opportunities to foster cooperation and data sharing.

Second, we must maintain the momentum in disrupting southbound firearms trafficking during the summer months. This means pooling our resources to continue gaining ground against the cartels and those who arm them.

And third, it is critical that we continue to strengthen our cooperation with our Mexican partners.

In conversations with the highest levels of Mexican law enforcement, I confirmed that we are aligned on the firearms challenge and the need to do more. Recently, Mexican Attorney General Gertz and his Deputy Attorney General Gallo established a vetted unit to work exclusively on firearms trafficking and to focus on strategic enforcement efforts.

By working with this new unit, we hope to increase information sharing and access to seized firearms. That information, in turn, will allow us to trace these weapons to their source in the U.S. and identify the networks that traffic them to Mexico.

In just a few months, senior officials from the Mexican and United States governments will gather for the U.S.-Mexico High Level Security Dialogue, to focus on our shared security interests—including combating firearms trafficking.

In closing, I want to thank all my colleagues here today. Through the work of your teams, we are showing our resolve in going after violent gun trafficking networks. I’m confident with your leadership we can continue our vital work to keep our communities safe.

Thank you very much.