ATF finds drugs and gun, no charges filed

[LiquidTension]

We had a guest speaker today in my Judicial Process class. He is a defense attorney that used to be a prosecutor. Now he mostly does drug cases, and he had several good stories to tell.

Part I

One of his cases involved an AK47. General summary:

Let's call the bad guy Tito. ATF finds out that Tito has an AK47, "with banana clips hangin' off of it." [Those were the attorney's words. He was very animated and tried to make things entertaining. But I digress.] ATF searches his home and doesn't find the weapon. They look everywhere they can think of, but the rifle is nowhere to be found. While searching the house, they discover 5 grams of cocaine. The attorney is trying to get the drug charge dropped (duh, that's his job). While talking to the ATF, he gets the impression that the agent mainly wants the weapon off the streets and out of this guy's hands before he can "take out a city block." [Again, his exact words.] Attorney says, "If I can get you the gun, will you drop the drug charge?" Agent thinks about it and agrees. Somewhere in there, the lawyer said that Tito paid $1000 for the weapon, "which was probably worth three or four thousand". This confuses me, but was explained later.

Tito shows up at the attorney's office with a large gun case. In it is the AK47 and several loaded magazines. Lawyer takes it to ATF agent, drug charges are dropped.

At this point I voice my questions:
"Was it a full auto?"
"Yes, it was." [Realization dawns on me about the price, but this answer begs the next question...]
"Why did he want to get the drug charges dropped in favor of a 10 year sentence for having an unregistered NFA weapon? Did they not charge him with the weapon violation?"
"No, they didn't. They just wanted the weapon off the streets, so I got it for them in exchange for dropping the charges."

Lawyer goes on to say that the ATF agent "did more things with that rifle in a few minutes than anyone here could do in months. He was clickin' stuff and takin' it apart and everything. He was a pretty good guy."

I didn't feel the need to express my belief that I probably would surprise him with my abilities with an AK.


Anybody that's read my posts before knows that I have no moral problems with people owning unregistered full autos. I do have a problem with a coke head having one. And if the ATF thought he was such a danger to the community, I find it reprehensible that they let him go with NO charges filed.

As I stated earlier, this is Part I. Part II actually took place before Part I, but this part was on my mind first, so I posted it first. If anybody cares about some other things he said about the ATF (some funny, some astounding), I'll post them tomorrow. Err, later today. After I sleep, I mean. Then it'll be tomorrow instead of today. Grr, you know what I mean.

 

[swingset]

Legalize drugs, make lawyers illegal, and I think all the problems with this story are solved.

See, that's why I like being me, I have all the answers *don't laugh*.

 

[hammer4nc]

I'd bet a double sawbuck that the "big plan" on the part of the ATF is to make this suspect into an undercover informant. What would stop them from re-instating the weapons charge any time they felt like it? Now, they have the evidence in hand.

One recalls that in Massachusetts, the FBI hired mafia hit-men as informants for 20 years, and even tipped them off when DEA or state police were about to strike..."James "Whitey" Bulger and Steven "The Rifleman" Flemmi".

Amazing how "pliable" the law becomes, given the proper rationalizations.

 

[dinosaur]

Psst! The weapon you are seeking is hidden in that bunch of bananas on the kitchen table. Pass it on.

 

[cpileri]

From Agent S-

Dear THR-ers,
Don't expect that kind of treatment- i.e. respect, fairness, dropping charges, or "coolness"- from our department as a rule. There are obviously a few bad apples in the basket here who just don't understand the terrible burden we bear protecting gunowners from themselves. Soon those guys will either retire or be reassigned and only proper hardliners will be left. Then we can conduct our business in the manner for which we are intended.
Just a friendly reminder!
Agent Schmuckatelli, BATFe

 

[Hutch]

The NFA-ness of the AK notwithstanding, if I were about to take a fall for possession, and my "get out of jail free" card could be bought for the price of a MAK 90 or Maadi, I'd sure as heck go get one to turn in.

 

[answerguy]

The NFA-ness of the AK notwithstanding, if I were about to take a fall for possession, and my "get out of jail free" card could be bought for the price of a MAK 90 or Maadi, I'd sure as heck go get one to turn in.

I was thinking along the same lines, except I was thinking I would have turned in some cheap AK knock off instead of the full auto they wanted.

 

[LiquidTension]

Just to clear some things up:

1) The agent knew the difference between a full and a semi. No deal taking in a different weapon.

2) The LAWYER delivered the weapon to the agent, not Tito. They didn't find the weapon in Tito's posession, and the lawyer never said "Tito gave me this." What he said was, "If I get you the weapon, will you drop the charges?" It is doubtful that they could have charged Tito with anything since he had neither actual nor constructive possession of the weapon as far as the ATF could prove.

3) Tito didn't turn informant, and they couldn't dig up the weapons charge on him since they never had proof that he had it, they just had information from a confidential informant.


Possession of 5g of cocaine may or may not have resulted in a prison sentence, depending on the judge. 10g is the cutoff for mandatory sentencing (in federal court, anyway). I'm not sure what the fine is for possession of cocaine, but if it's less than the price of the gun, he may as well have kept the thing and paid the fine. Who cares if it goes on his record? He's already a criminal. It wouldn't affect his ability to own or obtain a gun since he does those things illegally anyway.

I would have given up the gun. Not that it matters, since I would never have cocaine. Unless the ATF planted it, as they like to do sometimes.

 

[Standing Wolf]

Agent Schmuckatelli:

I'll sleep a lot more soundly tonight!

Thank you so much!
Standing Wolf

 

[hammer4nc]

How about sharing part II (prequel), liquidtension? (Just in case you were waiting for a formal invitiation...