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Judicial Watch • Fast and Furious Grassley Letter

Fast and Furious Grassley Letter

Fast and Furious Grassley Letter

Page 1: Fast and Furious Grassley Letter

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Date Created:October 16, 2014

Date Uploaded to the Library:October 16, 2014

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Congres5 tfJc niteb $tatc5 
mabington, 20510 
October 16, 2014 
VIA ELECTRONIC TRANSMISSION 
The Honorable James Cole Deputy Attorney General 
U.S. Department Justice 950 Pennsylvania Avenue, Washington, 20530 
Dear Deputy Attorney General Cole: more than one occasion, have written the Department ask for information about firearms that have been recovered connection with violent crimes and are associated with the Bureau Alcohol, Tobacco, Firearms and Explosives' (ATF's) Operation Fast and Furious. The Department has failed respond our last three letters this topic, sent October 2012, December 17, 2012, and July 12, 2013. 
Once again, have learned another crime gun connected Fast and Furious. 
The Department did not provide any notice the Congress the public about this gun. 
Documents obtained Judicial Watch under Arizona's public records law show that law enforcement officials recovered Fast and Furious gun last summer connection with shooting that left two individuals wounded.1 12:30 a.m. Tuesday, July 30, 2013, the Phoenix Police Department received reports shots fired apartment complex. Responding officers arrived find two wounded men, one inside apartment and one outside. The men had suffered multiple gunshot wounds, and the front windows and door the apartment had several bullet holes.3 Witnesses the shooting reported that just after the shots were fired, vehicle sped reverse through nearby parking lot and crashed backward into fence the apartment complex. Several individuals were then seen running various directions from the complex.4 Police discovered assault rifle the front passenger area the vehicle.s See "Fast and Furious Update: Judicial Watch Sues City Phoenix for Police Department's ATF, DHS, DEA and FBI Records about 2013 Gang-Style Assault," JudicialWatch.org (Oct. 2014), http://www.judicialwatch.org/press-room/press-releases/fast-furious-update-judicial-watch-sues-cityphoenix-police-department-atf-dhs-dea-fbi-records-2013-gang-style-assault. Breann Bierman, PD: shot east Phoenix apartment complex, KPHO.com (Jul 30, 2013), available http:/ /www.kpho.com/ story/ 22964928/ 2-shot-at-east-phoenix-apartment-complex. Phil Benson, Suspects inAZ narcotics probe tied multiple shooting, KPHO.com (Aug. 22, 2013), available http://www.kpho.com/story/23232855/suspects-in-az-narcotics-probe-tied-to-multipleshooting. 
4/d. 
The Honorable James Cole October 16, 2014 Page 
Approximately three weeks later, Phoenix Police Department detectives and U.S. 
Immigration and Customs Enforcement (ICE) Homeland Security Investigations agents arrested four individuals counts attempted homicide, aggravated assault, shooting into occupied structure, and burglary. The arrests were reportedly connected with large-scale drug trafficking investigation. 
Based the serial number from the police report obtained Judicial Watch? and documents obtained during our Fast and Furious investigation, can confirm that the assault rifle recovered the vehicle July 30, 2013 was purchased Sean Christopher Steward. Steward pled guilty firearms trafficking charges resulting from his involvement with Operation Fast and Furious. Department press release summarizes Steward's activity: 
During six-month period from December 2009 through June 2010, Steward, using funds provided the leader the firearms trafficking organization, paid over $176,000 cash purchase approximately 289 firearms, including 260 AK-4 style firearms, nine millimeter pistols, .50 caliber rifle and other "weapons choice" the Mexican drug cartels.10 
Steward purchased this particular firearm December 2009, one that purchased that day while under ATFsurveillance.11 According the Office Inspector General (OIG) report Operation Fast and Furious: the morning December MacAllister went FFL1 and was informed that caller inquired about the store's inventory AK-47 style rifles. The incoming telephone number was from Celis-Acosta's residence, which had already been identified agents possible stash house. Shortly thereafter, Steward arrived purchase the AK-47 style rifles. United Parcel Services truck delivered additional AK-47 style rifles while Steward was the store and, according the ATF report this incident, Steward told FFL1 that would return later the day and purchase those firearms well. Jennifer Thomas, detained Phoenix drug operation implicated double shooting, AZfamily.com (Aug. 22, 2013), available http://www.azfamily.com/news/ 4-detained-in-Phoenix-narcoticsoperation-implicated-in-double-shooting-22073163i.html. 
6Jd. Phoenix Police Department Report #2013-01344558 (Aug. 2013), [Attachment 1]. Bureau Alcohol, Tobacco, Firearms and Explosives, Suspect Gun Summary (Dec. 2009) [Attachment 2]. Press release, "Summary Major U.S. Export Enforcement, Economic Espionage, Trade Secret and Embargo-Related Criminal Cases," Department Justice (Feb. 2013), available http://test.pmddtc.state.gov/ compliance/ documents/ OngoingExportCaseFactSheet. pdf. Id. (emphasis added). Bureau Alcohol, Tobacco, Firearms and Explosives, Suspect Gun Summary (Dec. 2009) [Attachment 2]. 
The Honorable James Cole October 16, 2014 Page 
Agents maintained surveillance Steward after left FFL1 and eventually observed him transfer boxes containing the firearms from his vehicle another. Agents also conducted surveillance Steward when returned FFL1 accompanied two other individuals purchase the additional AK-47 style rifles. The firearms were placed the bed truck -not Steward's vehicle -and the three individuals left FFLt. ATF's request, Phoenix police officers conducted traffic stop the vehicle order identify its occupants, one whom was Celis-Acosta. The officers asked the occupants about the firearms that were visible the back the vehicle. Steward told the officers that purchased the firearms and that they belonged him. The officers did not seize the firearms issue traffic citation. Surveillance was continued after this stop, and agents eventually observed the firearms being transferred into Celis-Acosta's residence. 
Under circumstances that describe later, the firearms purchased Steward December were seized police officers Douglas, Arizona (adjacent the Mexican border) later that same day. ATF reviewed records December from the Arizona Department Economic security that showed Steward had reported income totaling $4479 for the first quarter 2009.12 
ATF officials entered the firearms Steward purchased December 2009 into ATF's Suspect Gun Database December 2009.13 our July 31, 2012 joint staff report recounted, U.S. Drug Enforcement Administration (DEA) wiretap early December 2009 also intercepted telephone communications which Steward made arrangements obtain firearms for DEA's target.14 DEA passed this information off ATF, but ATF utterly failed act it.1s The OIG report concludes Steward this time period: 
Steward went purchase approximately 200 firearms December, all but one from FFL1, for over $no,ooo. This total included firearms purchased single day, December (four these firearms were recovered Mexico just four days later). Steward purchased another firearms January 2010 for over $25,000. ATF did not take any measures disrupt Steward's purchasing activity following the events Review ATF's Operation Fast and Furious and Related Matters, U.S. Dept. .Justice, Office the Inspector Gen., Sept. 2012, 116-117. Bureau Alcohol, Tobacco, Firearms and Explosives, Suspect Gun Summary (Dec. 2009) [Attachment 2]. Comm. Oversight Gov't Reform and Comm. the Judiciary Joint Staff Report, Fast and Furious: The Anatomy Failed Operation (Part ofIII), 112th Congress (July 31, 2012), Appendix 
113. For recounting this, see also Comm. Oversight Gov't Reform and Comm. the Judiciary Joint Staff Report, Fast and Furious: The Anatomy Failed Operation (Part ofIII), 2th Congress (July 31, 2012), 34-36. 
The Honorable James Cole 
October 16, 2014 
December any other time until agents interviewed him his 
residence November 2010. Steward was not arrested until the Fast and 
Furious case was indicted January 19, 2011.16 
Patrick Cunningham, then Chief the Criminal Division for the U.S. Attorney's Office for the District Arizona,17 apparently prepared talking points for then-U.S. Attorney Dennis Burke's1s indictment press conference. These talking points highlighted Steward's December 2009 purchase typical the firearms trafficking ring whose takedown ATF and the U.S. Attorney's office touted that day.19 July 18, 2012 Steward pled guilty for his role Operation Fast and Furious, and was sentenced November 26, 2012 serve nine years prison.20 Steward's attorney the time said planned appeal his client's sentence.21 
According the Phoenix Police Department report, ATF traced the firearm July 31, 2013, the day afterPhoenix police officers recovered it. Yet, over full year has passed, and the Department has failed notify the Committees. The refusal respond our standing requests for this information effectively hides the connection between crimes like this and Operation Fast and Furious. Unless the information becomes available some other way, the public would never know. This lack transparency about the consequences Fast and Furious undermines public confidence law enforcement and gives the impression that the Department still seeking suppress information and limit its exposure public scrutiny. 
Therefore, please respond the following questions soon possible, but not later than October 30, 2014: 	Was the firearm recovered July 30, 2013 connected with any other crimes Mexico the U.S.? the date this letter, what the total number weapons associated with Fast and Furious that have been recovered the U.S. and successfully traced? the date this letter, what the total number weapons associated with Fast and Furious that have been recovered Mexico and successfully traced? Review ATF's Operation Fast and Furious and Related Matters, U.S. Dept. .Justice, Office the 
Inspector Gen., Sept. 2012, 117-118. Cunningham resigned January 30, 2012. asserted his Fifth Amendment privilege before the 
House Oversight Committee January 19, 2012. Burke resigned August 31, 2011. E-mail from Patrick Cunningham Dennis Burke, Jan. 24, 2011 [HOGR USAO 003098). Id. Brian Skoloff, men sentenced Fast and Furious gun case, Associated Press (Nov. 26, 2012), 
available http://www.azfamily.com/news/2-men-sentenced-in-Fast-and-Furious-gun-case18092583i.html. 

The Honorable James Cole October 16, 2014 Pages the U.S recoveries, how many were recovered relation incident violent nature? Please describe detail the date and circumstances each recovery that has not previously been described the Department's responses our letters. the Mexican recoveries, how many were recovered relation incident violent nature? Please describe detail the date and circumstances each recovery that has not previously been described the Department's responses our letters. 
Should you have any questions regarding this request, please contact Tristan Leavitt the Senate Judiciary Committee staff (202) 224-5225 Ashok Pinto the House Committee Oversight and Government Reform staff (202) 225-5074. Thank you for your prompt attention this important matter. 
Sincerely, 

U.S. Senate 	Government Reform 
U.S. House Representatives 
Attachments 
cc: The Honorable Todd Jones, Director 
Bureau Alcohol, Tobacco, Firearms and Explosives 
The Honorable Elijah Cummings, Ranking Member 
U.S. 
House Representatives, Committee Oversight and Government Reform 

The Honorable Patrick Leahy, Chairman 

U.S. 
Senate, Committee the Judiciary 

The Honorable Michael Horowitz, Inspector General 

U.S. 
Department Justice 

Attachment  PUBLIC  PHOENIX  POLICE  DEPARTMENT  REPORT  **.RECORD  
SUPPLEMENT  PAGE  NUMBER:  NUMBER:  2013  01344558  
REPORT  DATE:  20130731  TIME:  1906  

TYPE REPORT: AGGRAVATED ASSAULT OFFENSE: 245 LOCATION: BEAT: 0514 GRID: BB34 
LOCATION. ERROR *** 
DATE/TIME OCCURRENCE: TUE 073013 0026 

UNIT: LAB
REPORTING OFFICER[S]:

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LINCOLN NAVIGATOR ARIZONA PLATE 

0004 PKG 000 CODE:EI UKOO 
2013 01344558 
Continued. PUBLIC PHOENIX POLICE DEPARTMENT REPORT *"' RECORD 
SUPPLEMENT PAGE NUMBER: NUMBER: 2013 01344558 
ITEM: *MISC BRAND: NIAGAR MODEL: PLASTICBOTT COLOR: 
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EMPTIED PRIOR IMPOUND 

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0007 PKG 000 CODE:IE UKOO ITEM: PCLOTHE BRAND: MODEL: SHIRT/ SHORT COLOR: DESCRIPTION: ONE SUNS LOGO JERSEY AND ONE PAIR BLACK SHORTS FOUND THE CARGO AREA LINCOLN NAVIGATOR ARIZONA PLATE llllllll 

0008  PKG 000 CODE:IE UKOO ITEM: *MISC BRAND: SRP MODEL: DESCRIPTION: SRP CARD FOUND THE FRONT DRIVER SIDE DOOR LINCOLN NAVIGATOR ARIZONA PLATE   SRP  CARD  COLOR:  
0009  PKG 000 CODE:EI UKOO ITEM: PBIOLOG BRAND: MODEL: SWABS DESCRIPTION: TWO SWABS POSSIBLE BIOLOGICAL MATERIAL COLLECTED FROM THE FRONT DRIVER SIDE EXTERIOR DOOR HANDLINCOLN NAVIGATOR ARIZONA PLATE 1111111111  COLOR:  
0010  PKG 000 CODE:EI UKOO ITEM: PBIOLOG BRAND: MODEL: SWABS DESCRIPTION: TWO SWABS POSSIBLE BIOLOGICAL MATERIAL COLLECTED FROM THE REAR CARGO DOOR HANDLE LINCOLN NAVIGATOR ARIZONA PLATE 11111111  COLOR:  
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0012  PKG  000 CODE:EI  UKOO  
ITEM:  PBIOLOG  BRAND:  MODEL:  SWABS  COLOR:  
2013  01344558  Continued.  

PHOENIX POLICE DEPARTMENT REPORT RECORD PUBLIC 
SUPPLEMENT PAGE NUMBER: NUMBER: 2013 01344558 
DESCRIPTION: TWO SWABS POSSIBLE BIOLOGICAL MATERIAL COLLECTED FROM THE FRONT 

EXTERIOR DOOR HANDLE 
LINCOLN NAVIGATOR ARIZONA 

0013 PKG 000 CODE:EI UKOO 
ITEM: PBIOLOG BRAND: MODEL: SWABS COLOR: 
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LINCOLN NAVIGATOR ARIZONA PLATE 
0014 PKG 000 CODE:EI UKOO 
ITEM: PBIOLOG BRAND: MODEL: SWABS COLOR: 
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DESCRIPTION: TWO SWABS .POSSIBLE BIOLOGICAL MATERIAL 
COLLECTED FROM THE KEYS FOUND THE IGNITION 

LINCOLN NAVIGATOR ARIZONA PLATE 
0016 PKG 000 CODE:EI UKOO 

ITEM: PBIOLOG BRAND: MODEL: SWABS COLOR: 
DESCRIPTION: TWO SWABS POSSIBLE BIOLOGICAL MATERIAL 
COLLECTED FROM THE FRONT PASSENGER SIDE INTERIOR DOOR 
LINCOLN NAVIGATOR ARIZONA PLATE 
0017 PKG 000 CODE:EI UKOO 
ITEM: PBIOLOG BRAND: MODEL: SWABS COLOR: 
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0018 PKG 000 CODE:EI UKOO 
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ITEM: PBIOLOG BRAND: MODEL: SWABS COLOR: 
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COLLECTED FROM THE REAR PASSENGER SIDE INTERIOR DOOR AND SEATBELT 
2013 01344558 Continued. PUBLIC PHOENIX POLICE DEPARTMENT REPORT RECORD 
SUPPLEMENT PAGE NUMBER: NUMBER: 2013 01344558 
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SERIAL NUMBER: 11111111 
THIS SUPPLEMENT WAS GENERATED IMPOUND ITEMS EVIDENCE COLLECTED FROM -PLATE JULY 30, 2013,

VICTIM RECEIVED RIGHTS INFORMATION: MAIL-IN SUPPLEMENT: 
INVOICES: 4254328 4254329 ENTERED -DR FINALI ZED END REPORT NO: 2013 01344558 007 

Attachment 

Badge No: 
Investigation No: 
DEALER INFORMATION 
Business Name: 
Licensee Name: 
Address: 
Sex: Male Date:
Phone: 
FFL Number: 
Invoice#: requesting the trace. will incumbent upon the FTC will not release any information concerning your suspect gun(s). 
Manufacturer 	Caliber Serial Number Type Importer 
762 1981ZL3005 RIFLE 	CENTURY ARMS INC (CAI), 
ST. ALBANS, 
762 1985ZV5703 RIFLE 	CENTURY ARMS INC (CAI), ST. ALBANS, WASR-10 762 981ZL1071 RIFLE CENTURY ARMS INC (CAI), 
ST. ALBANS, WASR-10 762 1981ZL0326 RIFLE CENTURY ARMS INC (CAI), 
ST. ALBANS, 
ROMARM/CUGIR 	GPWASR-10 762 1981ZL2690 RIFLE CENTURY ARMS INC (CAI), 
ST. ALBANS, 
ROMARM/CUGIR WASR-10 762 l981ZM0163 RIFLE CENTURY ARMS INC (CAI), 
ST. ALBANS, 
ROMARM/CUGIR WASR-10 762 1972DJ0l68 RIFLE CENTURY ARMS INC (CAI), 
ST. ALBANS, 
ROMARM/CUGIR WASR-10 762 1982ZP3070 RIFLE CENTURY ARMS INC (CAI), 
ST. ALBANS, 
Suspect Gun: 

FOR OFFICIAL USE ONLY 
ROMARM/CUGIR WASR-10 762 1982ZP4066 RIFLE 	CENTURY ARMS INC (CAI), 
ST. ALBANS, 
ROMARM/CUGIR WASR-10 762 1970BK.2559 RIFLE 	CENTURY ARMS INC (CAI), ST. ALBANS, 
ROMARM/CUGIR WASR-10 762 1972DJ3485 RIFLE 	CENTURY ARMS INC (CAI), 
ST. ALBANS, 
ROMARM/CUGIR WASR-10 762 1974DP4291 RIFLE 	CENTURY ARMS INC (CAI), 
ST. ALBANS, ROMARM/CUGIR WASR-10 762 1971DG0370 RIFLE CENTURY ARMS INC (CAI), 
ST. ALBANS, ROMARM/CUGIR GPWASR-10 762 1972DL3976 RIFLE CENTURY ARMS INC (CAI), 
ST. ALBANS, 
ROMARM/CUGIR WASR-10 762 1981ZL0925 RIFLE 	CENTURY ARMS INC (CAI), 
ST. ALBANS, 
ROMARM/CUGIR GPWASR-10 762 1974001199 RIFLE 	CENTURY ARMS INC (CAI), 
ST. ALBANS, ROMARM/CUGIR WASR-10 762 1982ZR2601 RIFLE ROMARM/CUGIR GPWASR-10 762 1974DT0552 RIFLE ROMARM/CUGIR GPWASR-10 762 1974DP1689 ROMARM/CUGIR WASR-10 762 ROMARM/CUGIR WASR-10 762 ROMARM/CUGIR GPWASR-10 762 
ROMARM/CUGIR WASR-10 762 
ROMARM/CUGIR WASR-10 
ROMARM/CUGIR 
ROMARM/CUGIR 
ROMARM/CUGIR 
ROMARM/CUGIR 
ROMARM/CUGIR ROMARM/CUGIR 
ROMARM/CUGIR 
ROMARM/CUGIR 
ROMARM/CUGIR WASR-10 762 1971DF4056 RIFLE ROMARM/CUGIR WASR-10 762 1977ZB3947 RIFLE ROMARM/CUGIR WASR-10 762 1972DJ0635 RIFLE ROMARM/CUGIR WASR-10 762 1970DA3633 RIFLE 

Suspect Gun: 	Page 
FOR OFFICIAL USE ONLY 
ROMARM/CUGIR WASR-10 762 1971DDJ037 RIFLE CENTURY ARMS INC (CAI), 
ST. ALBANS, 

Suspect Gun: 

FOR OFFICIAL USE ONLY