United States v. Joseph Latu et al.

AO 91 (Rev. II / II ) Criminal Complaint

UNITED STATES DISTRICT COURT ORIGINAL rorthe FILED

Eastern District of California OCT 1 3 2015

United States of America v.

DAVID BENNETT, and DANIEL BENNETT

Defendant(s)

) ) ) ) ) ) )

Case No.

CLERK, U.S. DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

~------~~~~---------DEPUTY CLERK

2: 1 5 - MJ - 0 1 9 6 CKD

SEALE CRIMINAL COMPLAINT

I, the complainant in this case, state that the following is true to the best of my knowledge and belief.

On or about the date(s) of April 23 , 2015, to October 6, 2015, in the county of _ San Joaquin in the

Eastern District of California , the defendant(s) violated:

Code Section

18 U.S.C. § 371 I 8 U .S.C. § 922(a)(l )(A)

Offense Description

Conspiracy to Manufacture and Deal Firearms Without a License Manufacturing Firearms Without a License

This criminal complaint is based on these facts:

(see attachment)

~ Continued on the attached sheet.

Swom to before me and signed in my presence.

Date: October 13, 20 15 ------- ----·----- --- --

Jeny Donn, ATF Special ~gent Printed name and title

/1/)J.._ ~ LM_ ______ --------- ---------------

City and state: _§acr~_mento , C~-------------------- ______ _ Carolyn K. Delaney, U.S. Magistrate Judge Printed name and title

AFFIDAVIT OF ATF SPECIAL AGENT JERRY DONN IN SUPPORT OF A

CRIMINAL COMPLAINT AND ARREST WARRANTS

I, Jerry Donn, being duly sworn, hereby depose and state:

PURPOSE OF AFFIDAVIT

1. This affidavit is submitted in support of Arrest Warrants and a Criminal Complaint

charging:

a. DAVID BENNETT with violations of 18 U.S.C. § 922(a)(1)(A) (manufacturing

firearms without a license) and 18 U.S.C. § 371 (conspiracy to distribute and

manufacture firearms without a license); and

b. DANIEL BENNETT with violations of 18 U.S.C. § 922(a)(1)(A) (manufacturing

firearms without a license) and 18 U.S.C. § 371 (conspiracy to distribute and

manufacture firearms without a license).

AGENT BACKGROUND

2. I am a Special Agent (“SA”) with the United States Department of Justice, Bureau of

Alcohol, Tobacco, Firearms, and Explosives (“ATF”). I have been an ATF Special

Agent for fourteen years. Prior to working for ATF, I was employed as a Deputy United

States Marshal with the United States Marshals Service for four years. I have received

training in federal firearms laws and regulations at the ATF National Academy and

Federal Law Enforcement Criminal Investigator Training Program. I have investigated at

least one hundred cases involving federal firearms violations, involving unlawful sales,

possession, manufacturing, and transportation of firearms. I have participated in a variety

of different aspects of those investigations, including surveillance, undercover operations

to conduct controlled purchases of firearms, interviewing suspects, and the execution of

search and arrest warrants. I have been the affiant of numerous affidavits for search

warrants relating to firearms offenses.

3. I am a “Federal law enforcement officer” within the meaning of Rule 41(a)(2)(C) of the

Federal Rules of Criminal Procedure, that is, a federal law enforcement agent engaged in

enforcing criminal laws and authorized to request a search warrant.

4. The facts in this Affidavit come from my personal observations, my training and

experience, and information obtained from other agents and witnesses. This Affidavit is

intended to show that there is sufficient probable cause for the requested warrants and

criminal complaints and does not set forth all of my knowledge about this matter.

PROBABLE CAUSE

Investigation Overview

5. Since February 2015, ATF has been conducting a joint investigation with other law

enforcement agencies concerning the unlawful sale and manufacture of firearms in the

greater Sacramento area. At various times between February 2015 and September 2015,

an undercover ATF Special Agent (the “UC”) met with ALGERNON TAMASOA,

JOSEPH LATU, CHARLES TUCKER, IONEL PASCAN, JOHN ORTIZ, and KEITH

WHITE, to purchase firearms from those individuals – none of whom has ever had a

license to sell and/or manufacture firearms. Furthermore, many of the firearms sold to

the UC were short-barreled rifles, meaning that they barrel of the rifles sold were less

than 16 inches long. See 26 U.S.C. § 5845(a)(3). Possession of a short-barreled rifle that

is not registered on the National Firearms Registration and Transfer Record is a felony

offense, in violation of 26 U.S.C. § 5861(d). Neither ALGERNON TAMASOA,

JOSEPH LATU, CHARLES TUCKER, IONEL PASCAN, JOHN ORTIZ, nor KEITH

WHITE ever had a firearm registered on the National Firearms Registration and Transfer

Record in the time period relevant to this case.

6. The firearms sales that took place from February to September 2015 with the above-

referenced individuals have been detailed in a prior Criminal Complaint and supporting

affidavit, which is incorporated herein by reference and attached hereto as Exhibit A. See

Criminal Complaint and Arrest Warrants, Case No. 2:15-MJ-191-AC (filed Oct. 5, 2015).

The allegations set forth therein will not be repeated here, save for a few allegations

related to DAVID BENNETT and DANIEL BENNETT.

Attempted Sale of 50 AR-15 Type Rifles and 50 Silencers

7. In the days and weeks leading up to October 6, 2015, the UC met in person and

communicated via cellular telephone with LATU, PASCAN, and TUCKER about

purchasing unserialized, unmarked AR-15 type rifles and silencers. Specifically, the UC

arranged with LATU, PASCAN, and TUCKER to purchase from them 50 AR-15 type

rifles and 50 silencers at a deal that would take place at the Yolo County Airport on

October 6, 2015.

8. On October 6, 2015, UC met LATU, TUCKER, and PASCAN. Soon after meeting,

LATU entered the UC’s vehicle while PASCAN and TUCKER stayed in LATU’s pickup

truck. The UC and LATU drove in the UC’s vehicle with PASCAN and TUCKER

following behind them in LATU’s pickup truck. During a stop at a Shell gas station, the

UC observed a large travel bag in the bed of LATU’s truck and asked TUCKER, “is this

it?” Based on my training and experience and knowledge of this investigation, I

understand that the UC was asking TUCKER whether the bag contained the firearms and

silencers that were the subject of the October 6, 2015, deal. TUCKER replied, “one of

em, the rest…in the backseat.” The UC, LATU, TUCKER, and PASCAN then discussed

how the firearms deal would transpire after they arrived at the Yolo County Airport.

9. Shortly thereafter, the UC and LATU entered the UC’s vehicle. LATU and the UC

discussed where the 50 firearms and 50 silencers would go after the deal at the Yolo

County Airport. LATU then told the UC that fourteen more rifles would be available

around Friday, October 16th. Later, the UC asked LATU if TUCKER had talked to

DAVID BENNETT. LATU told the UC TUCKER had been in touch with BENNETT.

10. Shortly after the UC, LATU, TUCKER, and PASCAN arrived at the Yolo County

Airport, LATU, TUCKER, and PASCAN showed the UC the 50 AR-15 type rifles and

50 silencers that was the subject of the deal. Minutes later, law enforcement authorities

arrested LATU, TUCKER, and PASCAN pursuant to previously issued arrest warrants,

see Case No. 2:15-MJ-191-AC (filed Oct. 5, 2015), and seized the 50 AR-15 type rifles

and 50 silencers.

Photo 1 – Fifty AR-15 type short-barreled rifles and fifty silencers brought by LATU, TUCKER, and PASCAN

11. Also on October 6, 2015, law enforcement authorities executed search warrants at the

residences of LATU, PASCAN, TUCKER, WHITE, DAVID BENNETT, and DANIEL

BENNETT, and at the work locker of DAVID BENNETT. See Case No. 2:15-SW-558-

AC; Case No. 2:15-SW-559-AC; Case No. 2:15-SW-560-AC; Case No. 2:15-SW-561-

AC; Case No. 2:15-SW-562-AC; Case No. 2:15-SW-563-AC. DAVID and DANIEL

BENNETT reside at the same residence, although DAVID BENNETT lives in a trailer

located on the property and DANIEL BENNETT lives in the main house. During

execution of the search warrant at the residence of DANIEL BENNETT and DAVID

BENNETT, law enforcement located 14 James Madison brand lower receiver boxes; 26

Palmetto State Armory brand lower receiver boxes; 18 parts kits; 17 James Madison

Tactical boxes; and a table drill press capable of machining firearms parts. James

Madison and Palmetto State Armory are companies that manufacture and sell firearms

parts and components.

October 6, 2015, Interview with Daniel BENNETT

12. On October 6, 2015, ATF agents executed a search warrant at the residence of DAVID

and DANIEL BENNETT, 124 S Tulsa Avenue, Stockton, California 95215. During the

search warrant execution, an ATF Special Agent interviewed Daniel BENNETT. The

agent asked Daniel BENNETT who had the idea of manufacturing AR-15 type rifles.

Daniel BENNETT replied, “Charles TUCKER.” Daniel BENNETT also informed the

agent that “Joe” (likely referring to Joseph LATU) worked with TUCKER to provide the

AR-15 type rifles. When asked whose idea it was to manufacture rifles Daniel

BENNETT said, “Charles.”

13. Daniel BENNETT then told the agent that TUCKER asked Daniel BENNETT to “mill

out the lowers” and further explained that TUCKER paid Daniel BENNETT $200 for

each firearm that Daniel BENNETT “milled.” Based on my training and experience and

knowledge of this investigation, I know that the phrase “mill out the lowers” and the term

“milled” refer to the process of creating a cavity in the AR-15 blank that allows for the

placement of internal parts and the attachment of upper and lower receivers and that this

process allows for the manufacture of a complete firearm from constituent parts.

14. Daniel BENNETT also told the agent that he had manufactured two AR-15 type rifles

sometime in September and that last time he manufactured a rifle was a week or two ago.

Daniel BENNETT also explained that TUCKER brought him unfinished lower receivers

– specifically, TUCKER brought him twenty-five unfinished lower receivers and twenty-

five upper receivers approximately two weeks ago. Daniel BENNETT further explained

how he was supposed to receive $5,000 from TUCKER for manufacturing twenty-five

AR-15 type rifles. When asked by the agent whether he knew how to completely

assemble an AR-15 type rifle, Daniel BENNETT indicated that he did. Daniel

BENNETT then explained that he manufactured all of the “James Madison lowers.”

(Based on my training and experience, I know that “James Madison” is a company that

manufactures and sells unfinished lower receivers.) Daniel BENNETT told the agent that

TUCKER had shown him a box containing approximately five silencers “a couple weeks

ago” and that he thought TUCKER would be selling the silencers but did not know who

he was selling them to.

15. Daniel BENNETT also informed the agent that his brother David BENNETT did not

have any involvement in the manufacturing of the firearms.

October 6, 2015, Interview with David BENNET

16. Later, the same agent interviewed David BENNETT. The ATF agent told David

BENNETT that several firearm parts boxes had been found by the rear of the main

residence on the property. David BENNETT told the agent that he was familiar with the

boxes but that he did not know why the firearm parts had been collected. David

BENNETT asked the agent if the investigation involved TUCKER and if TUCKER had

tried to sell the firearms. The agent replied in the affirmative. David BENNETT then told

the agent that TUCKER had ordered the firearm parts using David BENNETT’s credit

card.

17. David BENNETT then told the agent that he was not aware of TUCKER selling firearms,

nor was he aware of the parts that were ordered by TUCKER using his (David

BENNETT’s) credit card. David BENNETT further explained that TUCKER had told

him that the firearms were for personal use. David BENNETT told the agent that

TUCKER gave him (David BENNETT) $7,400 for the firearms parts and that he (David

BENNETT) had ordered the firearm parts for TUCKER.

18. David BENNETT explained that he did not know how many times TUCKER had used

his (David BENNETT’s) credit card to purchase firearm parts and he (David BENNETT)

did not know who TUCKER would sell firearms to. David BENNETT also explained to

the agent that TUCKER had used his (BENNETT’s) credit card to purchase firearm parts

approximately one month ago from three separate vendors and that the purchases were

mailed to David BENNETT because the purchases were made from David BENNETT’s

credit card.

19. David BENNETT also informed the agent that he had “a couple” AR-15 type rifles

derived from an unfinished lower receiver, including one .308 caliber rifle.1 David

BENNETT also told the agent that he did not know which part of the residence contained

the aforementioned firearms and/or parts and that he was unaware of his brother, Daniel

BENNETT’s, involvement in manufacturing AR-15 type rifles. David BENNETT also

told the agent that he specifically asked TUCKER if the 10-15 unfinished lower receivers

1 A “308,” also called an “AR-10,” is a different model firearm than an AR-15 and fires larger, .308 caliber

ammunition, which is different from the ammunition fired by an AR-15.

were for TUCKER and if TUCKER was going to build the AR-15 type rifles to “do your

own thing with them.”

20. The agent then asked David BENNETT if he knew “Joe” (referring to LATU). David

BENNETT said that he knew LATU and that LATU had visited BENNETT’s residence

approximately four times. David BENNETT also told the agent that he did not believe

TUCKER owned any firearms. David BENNETT continued to tell the agent that he

believed TUCKER was a prohibited person who was prohibited by law from owning

firearms.

21. After the interview, the interviewing agent asked David BENNETT for his cellular

telephone. David BENNETT reached into his pocket and handed a cellular telephone to

the agent. At that point, David BENNETT told the agent that he sometimes allowed

TUCKER to use his cell phone to send text messages.

October 6, 2015, Post-Arrest Interview with Joseph LATU

22. On October 6, 2015, an ATF agent and a West Sacramento Police officer conducted an

interview with LATU. The LATU interview contradicted much of what Daniel

BENNETT and David BENNETT told the interviewing ATF agent earlier that same day.

23. LATU told the interviewers that he had been selling firearms for approximately 6 or 7

months. When asked about an individual who worked for San Joaquin Sheriff’s

Department, LATU told the ATF agent that the individual’s name was “Dannie”

(referring to Daniel BENNETT). LATU told the ATF agent that LATU met Daniel

BENNETT through TUCKER. LATU continued to tell the ATF agent that Daniel

BENNETT assembled two of the AR-15 type rifles. The ATF agent asked LATU about

transactions that occurred on April 23, 2015 and April 30, 2015. LATU told the ATF

agent that the rifles purchased on those dates came from Daniel BENNETT and David

BENNETT. LATU told the ATF agent that David BENNETT was the individual who

ordered the firearm parts and Daniel BENNETT was the individual who assembled the

AR-15 type rifles. LATU specifically said that the AR-15 type rifle purchased on April

30th

belonged to Daniel BENNETT. LATU clarified for the ATF agent that David

BENNETT ordered the firearm parts for Daniel BENNETT and TUCKER.

24. LATU then explained to the ATF agent that TUCKER had previously told him (LATU)

that he (TUCKER) and Daniel BENNETT could manufacture AR-15 type rifles from

unfinished lower receivers. LATU then explained to the ATF agent that TUCKER had

told him (LATU) that Daniel BENNETT “mills” and builds lower receivers. When the

West Sacramento officer asked LATU if Daniel BENNETT had been manufacturing AR-

15 type rifles prior to meeting LATU, LATU replied in the affirmative.

25. LATU then told the ATF agent that David BENNETT was a member of “Palmetto”

(referring to the business, Palmetto State Armory). The ATF agent asked LATU if David

BENNETT was aware of what TUCKER, LATU and PASCAN were doing. LATU

replied in the affirmative. The ATF agent then asked LATU if David BENNETT was

aware that the firearms parts were being ordered to manufacture AR-15 type rifles and

that those manufactured AR-15 rifles were to be sold. LATU again replied in the

affirmative. The ATF agent asked LATU to ensure that David BENNETT clearly knew

that the AR-15 type rifles were being manufactured in order to be sold. Again, LATU

replied in the affirmative.

26. LATU then explained to the ATF agent that the profits from the sales of the firearms

would be split between LATU, TUCKER, PASCAN, and the BENNETTs (David and

Daniel) as follows: on a single AR-15 type rifle that sold for $1,800, LATU received

$600, PASCAN received $200, Daniel BENNETT received $200, and TUCKER

received $200 plus an additional $600 to order additional firearm parts. LATU told the

ATF agent that on a single $1,000 silencer LATU received $400, PASCAN received

$200, and TUCKER received $400. LATU was unaware how much money David

BENNETT received from TUCKER. LATU told the ATF agent that of the fifty AR-15

type rifles that were part of the October 6, 2015, deal, Daniel BENNETT had

manufactured half of the AR-15 type rifles.

Forensic Analysis on David BENNETT’s Cell Phone

27. The information provided on this criminal complaint is only a summary and/or a

highlight of the information retrieved from David BENNETT’s cell phone. Further

analysis on the cell phone will be conducted.

April 23, 2015, AR-15 Type Rifle Sold to the UC

28. On April 23, 2015, the UC purchased an AR-15 type rifle from LATU for $1,900. During

the transaction, LATU told the UC that the source could also manufacture AR-15 rifles as

short-barreled rifles. LATU also told the UC that his source wanted money first, in order

to build the AR-15 rifles. LATU told the UC that his source’s friend was the one that was

manufacturing the firearms and that the AR-15 rifle the UC was purchasing that day

(April 23, 2015) came from the source’s personal inventory.

29. The AR-15 type rifle sold to the UC on April 23, 2015, contained parts and/or accessories

that made it look unique – for example, it contained a pop-out bi-pod fore grip, canted

front and rear sights, and a magazine well grip. During the forensic analysis of David

BENNETT’s cellular phone, conducted after the October 6, 2015, seizure of the phone,

law enforcement recovered multiple photos of an AR-15 type rifle with the same unique

parts and accessories as the rifle purchased by the UC on April 23, 2015.

Photo 2 – the UC purchase on April 23, 2015

Photo 3 – photos of AR-15 type rifle recovered from David BENNETT’s phone

30. Furthermore, forensic analysis of David BENNETT’s cellular telephone indicates that on

April 24, 2015, the day after the purchase described above, David BENNETT and

TUCKER (who used telephone number 209-403-6223) communicated via text message.

During a series of text messages from 8:01:52 p.m. to 10:35:57 p.m., TUCKER and

David BENNETT discussed selling a firearm owned by David BENNETT. During those

conversations, David BENNETT expressed concern about having a registered and

serialized lower receiver on a firearm that would be sold. The following is the

communication between David BENNETT and TUCKER:

From: +12094036223

Charles

4/24/2015 8:01:52 PM I'm still waiting to hear back from jo if dude wants urs

From: +12094036223

Charles

4/24/2015 9:28:27 PM Bring ur gun over at 130

To: +12094036223

Charles

4/24/2015 9:52:46 PM Ok

To: +12094036223

Charles

4/24/2015 9:52:58 PM Tomorrow

To: +12094036223

Charles

4/24/2015 9:53:12 PM Or like 130 in morning

From: +12094036223

Charles

4/24/2015 9:53:19 PM Let me know a price

From: +12094036223

Charles

4/24/2015 9:53:21 PM 130

To: +12094036223

Charles

4/24/2015 9:55:34 PM 1700

To: +12094036223

Charles

4/24/2015 9:55:45 PM And 130 in morning?

From: +12094036223

Charles

4/24/2015 9:56:10 PM Let me c what he says and yes!

To: +12094036223

Charles

4/24/2015 9:56:22 PM Holy shit ok

To: +12094036223

Charles

4/24/2015 10:22:45

PM

Wat money

From: +12094036223

Charles

4/24/2015 10:23:17

PM

For the toy puta

To: +12094036223

Charles

4/24/2015 10:23:43

PM

I'm so lost

To: +12094036223

Charles

4/24/2015 10:23:47

PM

Lol

To: +12094036223

4/24/2015 10:24:55

PM

So you sold my "toy"2

2 “Toy” is a street terminology for firearm or gun.

Charles

To: +12094036223

Charles

4/24/2015 10:35:05

PM

My gun has a registerd lower on it

To: +12094036223

Charles

4/24/2015 10:35:24

PM

I am going to have to put donnies lower on it

From: +12094036223

Charles

4/24/2015 10:35:27

PM

Wtf. Change it!

April 30, 2015, AR-15 Type Rifle Sold to the UC

31. On April 30, 2015, after arranging with LATU to meet him for the purpose of purchasing

a firearm, the UC met LATU and purchased one unserialized, unmarked AR-15 type rifle

for $1,900. During the transaction, LATU told the UC that the rifle was owned by his

Stockton source. LATU also told the UC that the Stockton source was pleased that the

UC was a serious buyer and had decided to sell the UC his personal rifle while he

manufactured the next AR-15 type rifle for the UC to purchase. The photo below is a

picture of the firearm purchased on April 30th.


32. After analyzing David BENNETT’s cellular telephone, law enforcement authorities

discovered a photograph on the telephone depicting a firearm similar to the AR-15 type

rifle purchased on April 30th. Notably, many of the component parts appear to be the

same tan color for both the firearm pictured on BENNETT’s cellular telephone and for

the firearm sold to the UC on April 30th.

Photo 3 – photos of AR-15 type rifle recovered from David BENNETT’s phone

33. Furthermore, on August 29, 2015, the UC met with LATU, TUCKER, and PASCAN.

During the meeting, TUCKER indicated that the tan rifle sold to the UC during an earlier

transaction had been provided by David BENNETT. Based on my training, experience,

knowledge of this investigation, the pictures on David BENNETT’s cellular telephone,

TUCKER’s statements, LATU’s statements during the April 30 transaction, I believe that

David BENNETT manufactured and provided the firearm sold to the UC on April 30,

2015.

June 11, 2015, AR-15 Type Rifle Sold to the UC

34. On June, 11, 2015, LATU met the UC and sold him two AR-15 type rifles for $4,000.

One of the two rifles was a short-barreled rifle, as defined by 26 U.S.C. § 5845(a)(3),

possession of which, when such a rifle is unregistered, is a felony offense and a violation

of 26 U.S.C. § 5861(d).

Photo 4 – UC purchase on June 11, 2015

35. Also on June 11, 2015, after LATU’s transaction with the UC was complete, David

BENNETT and TUCKER communicated via text message. The following is a verbatim

account of the text message communications between David BENNETT and TUCKER

between 5:20:30 p.m. and 5:26:10 p.m.:

To: +12094036223

Charles

6/11/2015 5:20:30 PM Yo

From: +12094036223

Charles

6/11/2015 5:22:41 PM Who am I paying to build the baby AR u or Daniel?

To: +12094036223

Charles

6/11/2015 5:23:44 PM Dannie mills it out and I put it all together

To: +12094036223

Charles

6/11/2015 5:24:02 PM So we will split it nigga

From: +12094036223

Charles

6/11/2015 5:25:39 PM Fasho. Joe just picked up the green one this morning

To: +12094036223

Charles

6/11/2015 5:25:55 PM Swee

To: +12094036223

Charles

6/11/2015 5:25:57 PM T

From: +12094036223

Charles

6/11/2015 5:26:04 PM Should get paid tonight or tomorrow

To: +12094036223

Charles

6/11/2015 5:26:10 PM Ok

36. Based on my training, experience, and knowledge of this investigation, and based on the

text message communications between David BENNETT and TUCKER on June 11,

2015, I believe that David BENNETT and Daniel BENNETT milled out, assembled, and

ultimately manufactured the two AR-15 type rifles sold to the UC on June 11, 2015.

July 17, 2015, One AR-15 Type Rifle Sold to the UC

37. On July 17, 2015, at approximately 2:30 p.m., LATU sold the UC an AR-15 type rifle

and a silencer for a total of $3,200. During the transaction, LATU indicated that he had

two sources of supply in Stockton – one person who would order the firearms, silencer

parts, and components and a second person who manufactured and assembled the AR-15

type rifles and silencers. After the transaction, agents measured the barrel-length of the

rifle and determined that it was a short-barreled rifle, which is illegal to possess unless it

is registered on the National Firearms Registration and Transfer Record, in violation of

26 U.S.C. § 5861(d).

Photo 5 – UC purchase on July 17, 2015

38. Forensic analysis of David BENNETT’s cellular telephone reveals that David BENNETT

and TUCKER communicated via text message on July 17, 2015, both before and after

LATU sold the firearm to the UC. The following details the text message communication

between David BENNETT and TUCKER on July 17, 2015:

From: +12094036223

Charles

7/17/2015 1:57:19 PM U talk to ur buddy yet

To: +12094036223

Charles

7/17/2015 2:07:40 PM Yeah he is going to bring it by today

From: +12094036223

Charles

7/17/2015 5:55:03 PM 1300 joe will drop off on his way to work 800 for the toy 2 to

Dannie and 1 to assemble

From: +12094036223

Charles

7/17/2015 5:55:03 PM U talk to Mike?

From: +12094036223

Charles

7/17/2015 5:55:04 PM 1100 sorry lol

July 22, 2015, Text Messages Between David BENNETT and LATU About Manufacturing

Firearms

39. On July 22, 2015, David BENNETT and LATU (using phone number 916-385-1447)

engaged in a series of text messages related to manufacturing firearms for sale. Based on

my training, experience, and knowledge of this investigation, I believe that during the

conversation, David BENNETT asked LATU about getting money from the UC up front

and using the up-front funds to purchase additional parts that would be assembled to

create firearms that could be sold to the UC at a later date. The following is the

communication between David BENNETT and LATU:

To: +19163851447

7/22/2015 9:29:12 PM My brother wanted to know if getting cash up front was

possible to get the ball running

To: +19163851447

7/22/2015 9:33:45 PM Or is that outta the question

From: +19163851447

7/22/2015 9:35:08 PM Let me check the funds first k

To: +19163851447

7/22/2015 9:38:44 PM This is what he is thinking and wanting to do is get the money

for one gun up front then making two and giving them to you

and you only having to give him the money for one then he

will have enough to start

Pumping them out

To: +19163851447

7/22/2015 9:42:21 PM Or now that I think about it if you give him half I'll give him

the other half

To: +19163851447

7/22/2015 9:42:39 PM He said he can pump them out fast lol

August 12, 2015, David BENNETT Asks If the UC Would Buy an AR-10

40. On August 12, 2015, David BENNETT and TUCKER communicated via text message.

Based on my training, experience, and knowledge of this investigation, I believe that

David BENNETT asked TUCKER if the UC would be interested in purchasing an AR-10

type rifle. David BENNETT’s interest in selling an AR-10 rifle, which is also called a

“308” because of the caliber ammunition that an AR-10 type rifle fires, comports with the

statement BENNETT gave to the ATF agent on October 6, 2015, when he indicated that

he had made a .308 caliber rifle.

41. The following details the text message communications between David BENNETT and

LATU on August 12, 2015:

To: +12094036223

Charles

8/12/2015 9:05:18 PM How much would that guy pay for a 308 ar10

From: +12094036223

Charles

8/12/2015 9:07:21 PM I'm not too sure on a long range rifle

To: +12094036223

Charles

8/12/2015 9:07:33 PM Find out nigga

From: +12094036223

Charles

8/12/2015 9:08:00 PM Fasho

From: +12094036223

Charles

8/12/2015 9:27:40 PM He said he's not sure about the 308 but he'll ask he said to give

him a # on a launcher he wants to show dude

To: +12094036223

Charles

8/12/2015 9:28:17 PM Ok

From: +12094036223

Charles

8/12/2015 9:30:30 PM Asap nigga

42. Subsequently, on August 20, 2015, when LATU was meeting with the UC to sell him

five AR-15 type rifles and five silencers, LATU asked the UC if he was interested in

purchasing AR-10 type rifles. The UC told LATU that AR-10s were not as marketable

because they were significantly larger in size, so he did not want to purchase any AR-10

type rifles. During the same conversation, LATU and the UC discussed the possibility of

a deal involving a grenade launcher. The UC also asked LATU about David BENNETT.

LATU told the UC that BENNETT was still comfortable with manufacturing rifles, but

that because of his schedule BENNETT would only be able to manufacture one or two

rifles at a time.

August 15, 2015, David BENNETT and TUCKER Discuss the Cost of Firearm Parts

43. On August 15, 2015, David BENNETT and TUCKER communicated via text message.

Based on my training, experience, and knowledge of this investigation, especially the

James Madison brand firearms component boxes found at the residence of Daniel

BENNETT and David BENNETT, I believe that TUCKER and David BENNETT were

discussing the price for unfinished lower receivers, which they used to build firearms that

were then sold to the UC. The following details the text message communications

between David BENNETT and TUCKER on August 15, 2015:

From: +12094036223

Charles

8/15/2015 4:05:01 PM Holy crap

To: +12094036223

Charles

8/15/2015 4:05:17 PM Lol

To: +12094036223

Charles

8/15/2015 4:05:58 PM You don't like James Madison

To: +12094036223

Charles

8/15/2015 4:06:01 PM :-(

From: +12094036223

Charles

8/15/2015 4:06:40 PM I do just thinking cheap

From: +12094036223

Charles

8/15/2015 4:06:47 PM How much r lower build kits normally

To: +12094036223

Charles

8/15/2015 4:09:30 PM Lower build kits 69-79

From: +12094036223

Charles

8/15/2015 4:10:44 PM Cheapest

To: +12094036223

Charles

8/15/2015 4:15:07 PM Right now

From: +12094036223

Charles

8/15/2015 4:15:53 PM Shipping?

From: +12094036223

Charles

8/15/2015 4:19:04 PM Wtf what I buy 5

To: +12094036223

Charles

8/15/2015 4:19:14 PM Lol I dunno

From: +12094036223

Charles

8/15/2015 4:21:22 PM Mutha fucker

To: +12094036223

Charles

8/15/2015 4:24:42 PM 12 dollars for five

To: +12094036223

Charles

8/15/2015 4:24:59 PM Total 411.95

To: +12094036223

Charles

8/15/2015 4:29:03 PM 34.99 shipping on five lowers

September 9, 2015, David BENNETT and TUCKER Discuss Firearms Parts and Selling

Firearms to the UC

44. On September 9, 2015, TUCKER and David BENNETT communicated via text message.

Based on my training, experience, and knowledge of this investigation, I believe

TUCKER and David BENNETT discussed the purchase of firearm parts, which they

were planning on using to build firearms that they would then sell to the UC. The

following details the text message communications between David BENNETT and

TUCKER on September 9, 2015:

To: +12094036223

Charles

9/9/2015 1:42:29 PM Palamer lowers

To: +12094036223

Charles

9/9/2015 1:43:59 PM How much

From: +12094036223

Charles

9/9/2015 1:45:26 PM 200 a piece 25 of em

To: +12094036223

Charles

9/9/2015 1:50:50 PM What lowers you going with

From: +12094036223

Charles

9/9/2015 1:54:12 PM Polymer 80

To: +12094036223

Charles

9/9/2015 2:04:13 PM Can you order like five of them with the jig

From: +12094036223

Charles

9/9/2015 2:12:22 PM O yeah

To: +12094036223

Charles

9/9/2015 2:25:19 PM When are the lowers going to be here

To: +12094036223

Charles

9/9/2015 2:25:21 PM Lol

From: +12094036223

Charles

9/9/2015 2:26:08 PM Ordering em on Tuesday

From: +12094036223

Charles

9/9/2015 2:29:35 PM We're still doing the normal 5 a week also

From: +12094036223

Charles

9/9/2015 2:32:42 PM I told *****3 were going to have Daniels 2 by Tuesday also

October 6, 2015, David BENNETT and TUCKER Exchange Text Messages During Deal

for 50 AR-15 Type Rifles and 50 Silencers

45. On October 6, 2015, TUCKER and David BENNETT communicated via text message.

Based on my training, experience, and knowledge of this investigation, the text message

communications between TUCKER and David BENNETT indicate that David

BENNETT was involved in manufacturing and selling the AR-15 type rifles intended to

be sold to the UC on October 6, 2015. During the text messages, TUCKER told David

BENNETT the license plate of the UC vehicle, and a description of the events that would

take place once arriving at the Yolo County Airport. The following is the communication

between David BENNETT and TUCKER:

From: +12094036223

Charles

10/6/2015 9:59:26 AM No butterflys at all

From: +12094036223

Charles

10/6/2015 10:30:54 AM Ok butterflies r in full effect. Joe stresses me out

To: +12094036223

Charles

10/6/2015 10:32:21 AM Lol

From: +12094036223

Charles

10/6/2015 11:28:07 AM *******4

From: +12094036223

Charles

10/6/2015 11:28:21 AM *******5 plate #

To: +12094036223

Charles

10/6/2015 11:28:31 AM Ok how's it going

From: +12094036223

Charles

10/6/2015 11:30:09 AM Headed to Davis airport. He said we drive in the hanger first

he'll come in behind us. Only thing I don't like off the bat

3 Name redacted to protect identity of undercover ATF Special Agent.

4 License plate number of undercover ATF Special Agent’s vehicle redacted.

5 Name redacted to protect identity of undercover ATF Special Agent.

From: +12094036223

Charles

10/6/2015 11:30:56 AM Yup

To: +12094036223

Charles

10/6/2015 11:31:03 AM Lol

REQUEST TO SEAL

46. This criminal investigation is ongoing. Disclosure of the contents of this Affidavit at this

time could seriously impede the continuing investigation and potential prosecution by

prematurely disclosing the details of the United States’ investigation. This could

potentially cause subjects of the investigation to flee, destroy evidence, or intimidate and

attempt to corruptly influence potential witnesses in the case. Also, potential

interviewees would be able to identify specific subjects of the investigation and could

fabricate responses in order to avoid possible criminal liability. Accordingly, I

respectfully request that the Court issue an order sealing this search warrant application

and Affidavit until further order of this Court, with the exception that copies of the search

warrant will be left at the scene of each search location and copies will be used by law

enforcement as part of the execution of these search warrants and the continuing

investigation.

[Remainder of page intentionally left blank.]

' . • (".

CONCLUSION

47. Based on the foregoing facts set forth in this Affidavit and in the Affidavit attached hereto as Exhibit A, I believe there is probable cause to support the issuance of arrest warrants and criminal complaints charging: '

a. DAVID BENNETT with violations of 18 U.S.C. § 922(a)(l)(A) (manufacturing firearms without a license) and 18 U.S.C. § 371 (conspiracy to distribute and manufacture firearms without a license); and

b. DANIEL BENNETT with violations of 18 U.S.C. § 922(a)(l)(A) (manufacturing firearms without a license) and 18 U.S.C. § 371 (conspiracy to distribute and manufacture firearms without a license).

I swear, under the penal of perjury, that the foregoing information is true and correct to the best of my knowled , · ormat1 n, and belief.

A F Special Agent

Sworn and Subscribed to me on October/J, 2015,

Hon. CAROLYN K. DELANEY United States Magistrate Judge

· Approved as to form:

CHRISTIAAN HI Assistant United States Attorney

Case 2:15-mj-00191- Page 1 of 81

UNITED T LED for the

Eastern District of California ocr··o 5 . 5

United States of America v.

) ) ~-------~~~--------DePUTY CLERK

JOSPEH LATU, ALGERNON T AMASOA,

JOHN ORTIZ, CHARLES TUCKER, IONEL PASCAN, and

KEITH WHITE Defendant(s)

) ) ) ) ) )

Case No.

2: 1 5 - MJ -· 1 9 1

CRIMINAL COMPLAINT

AC

I, the complainant in this case, state that the following is true to the best of my knowledge and belief.

On or about the date(s) of February 6 to September 28, 20 15 in the counties of

Sacramento and Yolo

Eastern District of California , the defendant( s) violated:

Code Section

18 U.S.C. § 922(a)(1)(A) 26 U .S.C. § 5861 (f), (i) 18 U.S.C. § 371 21 U.S. C. § 841 (a)( I )

-----·------

Offense Description

Dealing firearms without a license Unlawful manufacture of a firearm, possession of an unserialized firearm Conspiracy to deal, manufactUre, and possess unserialized frrearms Distribution of MDMA

This criminal complaint is based on these facts:

(see attachment)

~ Continued on the attached sheet.

Complainant's signature

in the

Jerry D~~n, Special Age~! ______ _ Printed name and title

Sworn to before me and signed in my presence.

Date: __ ID /lf /IC --·-· ----- -------------Judge's signature

City and state: Allison Claire, U.S. ~~gistrate Judge --------

Printed name and title

1

Affidavit of ATF Special Agent Jerry Donn

Table of Contents Purpose ............................................................................................................................................ 3

Agent Background .......................................................................................................................... 4

Investigation Overview ................................................................................................................... 4

Technical Background .................................................................................................................... 6

Statement of Probable Cause ........................................................................................................ 14

A. February 6, 2015 – LATU and TAMASOA Sell One Rifle .......................................... 14

B. February 9, 2015 – LATU and TAMASOA Sell One Rifle and One Pistol .................. 16

C. February 27, 2015 – TAMASOA Sells One Rifle ........................................................ 17

D. March 5, 2015 – LATU Sells Two Revolvers and One Pistol ....................................... 18

E. March 11, 2015 – UC Meeting with LATU and TAMASOA ....................................... 19

F. March 19, 2015 – TAMASOA Sells Two Rifles ............................................................... 20

G. April 3, 2015 – TAMASOA Sells 1,300 Ecstasy Pills.................................................. 21

H. April 8, 2015 – TAMASOA Sells One Rifle ................................................................. 23

I. April 23, 2015 – LATU Sells One AR-15 Type Rifle ....................................................... 23

J. April 30, 2015 – LATU Sell One AR-15 Type Rifle ........................................................ 24

K. May 15, 2015 – TAMASOA, ORTIZ, and WHITE Sell Two AR-15 Type Rifles ....... 25

L. May 17, 2015 – UC Meeting with LATU ...................................................................... 26

M. May 27, 2015 – TAMASOA Sells Two AR-15 Type Rifles ......................................... 27

N. June 1, 2015 – LATU Sells One Rifle, Four Pistols, and One Revolver ....................... 28

O. June 11, 2015 – LATU Sells Two AR-15 Type Rifles .................................................. 30

P. July 17, 2015 – LATU Sells an AR-15 Type Rifle and Silencer ....................................... 30

Q. July 20, 2015 – LATU Sells Two AR-15 Type Rifles and One Silencer ...................... 32

R. July 28, 2015 – LATU Sells Three AR-15 Type Rifles and Three Silencers ................ 32

S. August 4, 2015 – LATU Sells Four AR-15 Type Rifles and Five Silencers ..................... 35

T. August 11, 2015 – LATU Sells One AR-15 Type Rifle and Four Silencers ................. 37

U. August 11, 2015 – LATU Travels to TUCKER’s Residence and then to BENNETT’s

Residence .................................................................................................................................. 39

2

V. August 19, 2015 – GPS Tracker Data Indicates That LATU was at BENNETT’s

Residence .................................................................................................................................. 39

W. August 20, 2015 – LATU Sells Three Rifles, Two Short-Barreled Rifles, and Five

Silencers .................................................................................................................................... 39

X. August 27, 2015 – LATU Sells Two Rifles, One Short-Barreled Rifle, and Three

Silencers .................................................................................................................................... 41

Y. August 29, 2015 – The UC Meets With LATU, TUCKER, and PASCAN .................. 42

Z. September 1, 2015 – LATU, TUCKER, PASCAN Sell Three Rifles, One Short-

Barreled Rifle, Five AR-15 Type Pistols, and Two Silencers .................................................. 42

AA. September 8, 2015 – LATU Sells Five Short-Barreled AR-15 Type Rifles .................. 43

BB. September 15, 2015 – LATU and TUCKER Sell Five Short-Barreled AR-15 Type

Rifles and Five Silencers .......................................................................................................... 44

CC. September 16, 2015 – LATU Sells Eight Silencers ....................................................... 45

DD. September 28, 2015 – LATU Sells Five AR-15 Type Rifles and One Silencer ............ 46

EE. Cellular Telephone Pen Register Analysis Connects BENNETT to the Conspiracy .... 47

Law Enforcement Establishes the Addresses of LATU, TUCKER, PASCAN, BENNETT, and

WHITE .......................................................................................................................................... 48

FF. LATU’s Residence is 9166 Aegina Court, Elk Grove, California ................................. 48

GG. TUCKER’s Residence is 220 N Patton Avenue, Stockton, California .......................... 49

HH. PASCAN’s Residence is 2825 Donner Trail Court, Riverbank, California .................. 49

II. BENNETT’s Residence is 124 S Tulsa Avenue, Stockton, California .......................... 49

JJ. WHITE’s Residence is 301 Brunswick Drive, Vallejo, California ................................ 50

Probable Cause To Search BENNETT’s Work Lockers, #405 & #406 ....................................... 50

Training and Experience Related to Firearms Trafficking ........................................................... 51

Request to Seal .............................................................................................................................. 56

Conclusion .................................................................................................................................... 56

3

I, Jerry Donn, being duly sworn, hereby depose and state:

Purpose

1. This Affidavit is submitted in support of Arrest Warrants and a Criminal Complaint

charging:

a. Joseph LATU with violations of 18 U.S.C. § 922(a)(1)(A) (dealing firearms

without a license); 26 U.S.C. § 5861(f) (unlawful manufacturing of a firearm); 26

U.S.C. § 5861(i) (possession of an unserialized firearm); and 18 U.S.C. § 371

(conspiracy to commit the foregoing offenses);

b. Algernon TAMASOA with violations of 18 U.S.C. § 922(a)(1)(A) (dealing

firearms without a license), 18 U.S.C. § 371 (conspiracy to deal firearms without

a license), and 21 U.S.C. § 841(a)(1) (distribution of MDMA);

c. John ORTIZ with violations of 18 U.S.C. § 922(a)(1)(A) (dealing firearms

without a license) and 18 U.S.C. § 371 (conspiracy to deal firearms without a

license);

d. Charles TUCKER with violations of 18 U.S.C. § 922(a)(1)(A) (dealing firearms



(conspiracy to commit the foregoing offenses)

e. Ionel PASCAN with violations of 18 U.S.C. § 922(a)(1)(A) (dealing firearms



(conspiracy to commit the foregoing offenses); and

f. Keith WHITE with violations of 18 U.S.C. § 922(a)(1)(A) (dealing firearms


license).

2. Further, this Affidavit is submitted because probable cause exists to believe that the

following residences contain evidence, fruits, proceeds, or instrumentalities, as described

in Attachment B hereto, of violations of 18 U.S.C. § 922(a)(1)(A) (unlawful dealing in

firearms); 26 U.S.C. § 5861(f) (unlawful manufacturing of a firearm); 26 U.S.C.

§ 5861(i) (possession of an unserialized firearm); and/or 18 U.S.C. § 371 (conspiracy to

commit the foregoing offenses). Accordingly, this Affidavit is offered in support of

search warrants for:

a. 9166 Aegina Court, Elk Grove, California 95822 (the residence of Joseph LATU),

as further described in Attachment A-1.

4

b. 220 N Patton Avenue, Stockton, California 95215 (the residence of Charles

TUCKER), as further described in Attachment A-2.

c. 2825 Donner Trail Court, Riverbank, California 95367 (the residence of Ionel

PASCAN), as further described in Attachment A-3.

d. 124 S Tulsa Avenue, Stockton, California 95215 (the residence of David

BENNETT), as further described in Attachment A-4.

e. 301 Brunswick Drive, Vallejo, California (the residence of Keith WHITE), as

further described in Attachment A-5.

f. San Joaquin County Jail Correctional Officer Lockers #405 & #406 (the personal

lockers of David BENNETT), as further described in Attachment A-6.

Agent Background

3. I am a Special Agent (“SA”) with the United States Department of Justice, Bureau of

Alcohol, Tobacco, Firearms, and Explosives (“ATF”). I have been an ATF Special

Agent for fourteen years. Prior to working for ATF, I was employed as a Deputy United

States Marshal with the United States Marshals Service for four years. I have received

training in federal firearms laws and regulations at the ATF National Academy and

Federal Law Enforcement Criminal Investigator Training Program. I have investigated at

least one hundred cases involving federal firearms violations, involving unlawful sales,

possession, manufacturing, and transportation of firearms. I have participated in a variety

of different aspects of those investigations, including surveillance, undercover operations

to conduct controlled purchases of firearms, interviewing suspects, and the execution of

search and arrest warrants. I have been the affiant of numerous affidavits for search

warrants relating to firearms offenses.

4. I am a “Federal law enforcement officer” within the meaning of Rule 41(a)(2)(C) of the

Federal Rules of Criminal Procedure, that is, a federal law enforcement agent engaged in

enforcing criminal laws and authorized to request a search warrant.

5. The facts in this Affidavit come from my personal observations, my training and

experience, and information obtained from other agents and witnesses. This Affidavit is

intended to show that there is sufficient probable cause for the requested warrants and

criminal complaints and does not set forth all of my knowledge about this matter.

Investigation Overview

6. Since February 2015, ATF has been conducting a joint investigation concerning the

unlawful sale and manufacture of firearms in the greater Sacramento area. Since

February 2015, undercover law enforcement officers have conducted controlled

5

purchases of approximately one thousand three hundred ecstasy pills, sixteen

commercially manufactured firearms, forty-seven unlawfully-manufactured firearms, and

thirty-seven unlawfully-manufactured silencers.

7. The initial investigation focused on ALGERNON TAMASOA (“TAMASOA”) and

JOSEPH LATU (“LATU”), both engaged in the sales of firearms in the Sacramento,

California area.

8. Subsequent investigation determined that TUCKER; David BENNETT; PASCAN, and

WHITE were part of a network of individuals in the greater Sacramento area engaged in

the manufacturing and sales of AR-15-style firearms. These individuals were engaged in

the following unlawful activities:

a. Manufacturing and selling firearms without a federal license issued by ATF.

Under 18 U.S.C. § 922(a)(1)(A), “[i]t shall be unlawful for any person – except a

licensed importer, licensed manufacturer, or licensed dealer, to engage in the

business of importing, manufacturing, or dealing in firearms.” Further, it is

unlawful “to make a firearm unless [the maker] has … filed with the Secretary [of

the Treasury] a written application.” § 5822.

b. Manufacturing and selling firearms that are illegal to possess without having first

registered such a firearm, such as short-barreled rifle, a machine gun, or a

silencer. Under 26 U.S.C. § 5861(a), it is unlawful for any person to engage in

business as a manufacturer of firearms without having paid the special

(occupational) tax required by section 5801 for his business or having registered

as required by section 5802. It is also unlawful to receive or possess a firearm

transferred in violation of the provisions of this subchapter, see § 5861(b); to

receive or possess a firearm made in violation of the provisions of this chapter,

see § 5861(c); to receive or possess a firearm which is not registered to that

person in the National Firearms Registration and Transfer Record, see § 5861(d);

to transfer a firearm in violation of the provisions of this chapter, see § 5861(e); to

make a firearm in violation of the provisions of this chapter, see § 5861(f); to

receive or possess a firearm which is not identified by a serial number as required

by this chapter, see § 5861(i); to transport, deliver, or receive any firearm in

interstate commerce which has not been registered as required by this chapter, see

§ 5861(j). Under § 5845(a), the term “firearm” includes: “a rifle having a barrel

or barrels of less than 16 inches in length”; “a machine gun”; or “any silencer”.

See § 5845(a)(3), (6), (7).

6

c. Transferring firearms without the approval of the Secretary of the Treasury. §

5812.

d. Manufacturing firearms without any identifying information, such as a serial

number, that can be used to trace the weapon if it is involved in a crime. Under

18 U.S.C. § 923(i), “licensed manufacturers shall identify by means of a serial

number engraved or cast on the receiver or frame of the weapon, in such manner

as the Attorney General shall by regulations prescribe.”

e. Selling such firearms without any documentation related to the sale. Under 18

U.S.C. § 922(m), “It shall be unlawful for any licensed importer, licensed

manufacturer, licensed dealer, or licensed collector knowingly to make any false

entry in, to fail to make appropriate entry in, or to fail to properly maintain, any

record which he is required to keep pursuant to section 923 of this chapter or

regulations promulgated thereunder.”

Technical Background

Definition of a “Firearm”

9. A “firearm” is “any weapon . . . which will or is designed to or may readily be converted

to expel a projectile by the action of an explosive.” 18 U.S.C. § 921(a)(3)(A). This

definition includes “the frame or receiver of any such weapon,” 18 U.S.C. § 921(a)(3)(B),

and “any combination of parts either designed or intended” from which a firearm can be

“readily assembled.” 18 U.S.C. § 921(a)(4)(C). A “receiver” under 18 U.S.C.

§ 921(a)(3)(B) includes a “lower receiver.”

The AR-15 Platform

10. An AR-15 is the semi-automatic, civilian-version of the .223-caliber M16 machine gun

used by the United States military. Although AR-15 refers to the model produced by

Colt (firearms manufacturer), the term “AR-15” is colloquially used to refer to firearms

similar to, and based upon, the Colt AR-15. An example of an AR-15-style rifle is

depicted below. This image is from ATF’s “Police Officer’s Guide to Recovered

Firearms,” accessible at http://www.atf.gov/files/publications/download/p/atf-p-3312-

12.pdf.

http://www.atf.gov/files/publications/download/p/atf-p-3312-12.pdf

http://www.atf.gov/files/publications/download/p/atf-p-3312-12.pdf

7

Photo 1 - AR-15 rifle (photo unrelated to this case)

11. An AR-15-style rifle consists of many parts. There are five parts that will be discussed at

length in this Affidavit: the (1) lower receiver; (2) upper receiver; (3) stock; (4) barrel;

and (5) magazine. These parts are labeled below.

Photo 2 - AR-15 rifle (labeled) (photo unrelated to this case)

12. Depicted below is a firearm that has been disassembled to isolate the individual parts.


Stock Barrel Upper Receiver

Lower Receiver

Magazine

8

Photo 3 - AR-15 rifle (disassembled) (photo unrelated to this case)

13. Most parts for a firearm (e.g. stocks, barrels, magazines) are not subject to regulation by

ATF. Accordingly, these parts are often made by individuals and small businesses. For

the most part, these gun parts can be bought and sold without reporting the sales and

without requiring a background check.

14. The lower receiver is different than common gun parts. As discussed in Paragraph 9

above, a lower receiver is considered a “firearm.” That means that the lower receiver,

without any other parts at all, is regulated and controlled by ATF the same way as a

completed firearm (for example, the AR-15-style rifle depicted above). This also means

that the manufacture, sale, transfer, and disposition of lower receivers are regulated by

ATF. Depicted below is a lower receiver for an AR-15-style rifle.

Photo 4 - AR-15 lower receiver (photo unrelated to this case)

Lower Receiver

9

15. To manufacture an AR-15 lower receiver, a manufacturer may start with an AR-15 blank.

Depicted below are two AR-15 blanks. An AR-15 blank is not considered a “firearm” by

ATF. An AR-15 blank is a metal casting that is eventually converted into an AR-15

lower receiver by a manufacturing process.

Photo 5 - AR-15 blanks (photos unrelated to this case)

a. An AR-15 blank is also colloquially referred to as a “blank,” “an 80%,” “an 80%

blank,” “an 80% lower,” or “an AR-15 80%.” These terms developed based on

the perception that the piece of metal was 80% of a firearm, and therefore

unregulated by ATF. The term “80%” and variations of it are not used by ATF

and are not officially recognized by ATF. ATF regulates “firearms.” An item

that is not a “firearm” is not regulated by ATF and not assigned an official

terminology.

b. For purposes of this Affidavit, the term “AR-15 blank” will be used. At various

points in this Affidavit, individuals will be quoted referring to an “80%.” This is

unavoidable due to the necessity of using the precise quoted language. Where

possible, however, I have added clarifying parentheticals to remind the reader that

“80%” and variations of that term refer to an AR-15 blank.

16. An AR-15 blank is converted into an AR-15 lower receiver through the use of specialized

tools, typically a drill press or a computer numerical control machine (“CNC machine”),

and precision measurement equipment. A CNC machine is an automated version of a

drill press that is run by a computer. A drill press is operated by hand. A CNC machine

is operated by running a computer program that automates the process.

17. In the case of this investigation, manufacturers are creating Kevlar reinforced polymer

variant lower receivers with certain cavities filled by different colored polymer (see

10

paragraph 18 for additional details). These variant lower receivers are made functional

through the use of specialized tools, typically a drill press, a hand drill, a “Dremel” tool

(a versatile, handheld rotary bit tool that can be used to cut, grind, drill, sand, and mill

various materials), and/or other various types of milling equipment. These are all fairly

simple and affordable hand tools that can be obtained and operated by nearly anyone. In

most cases, they are readily available at most hardware/home improvement stores.

18. The polymer products in this case are molded during the manufacturing process. During

the molding process, the manufacturer has created the material in the fire control cavity

(further referred to as the “biscuit”) a different color than that of the main body of the

receiver. This difference in color enables the customer to easily identify how much

material to mill away thereby creating the specific and exact cavities that are necessary to

enable the weapon to function properly.

Photo 6 – Polymer AR-15 blanks (photos unrelated to this case)

19. Using either a drill press, hand drill, or a CNC machine, the equipment operator drills,

cuts, or mills cavities in specific locations on the AR-15 blank. Compare the AR-15

blank depicted below left with the AR-15 lower receiver depicted below right. This

process transforms the AR-15 blank into an AR-15 lower receiver by creating the precise

shape and space necessary for the lower receiver to accept the parts that will allow the

firing of a projectile. These shapes or cavities must be created to the exact specifications

required. If these cavities are not formed to the exact specifications required, the firearm

will not function and may break. This process also creates the holes necessary to attach

the upper receiver and barrel to the lower receiver. These parts (e.g. the hammer, bolt or

breechlock, and firing mechanism) are the internal mechanical parts, that combine with a

trigger, firing pin, and other parts to form a functioning firearm.

Biscuit

11

Photo 7 - (clockwise from top left) AR-15 blank, AR-15 lower receiver,

AR-15 lower receiver (top view) (photos unrelated to this case)

20. This investigation deals with the manufacturing of AR-15-style lower receivers. In this

case, individuals purchase AR-15 blanks (unregulated, metal castings and/or polymer)

and transform them into AR-15 lower receivers (regulated firearms) and then assemble

fully functional AR-15 rifles and pistols (regulated firearms). Unlike a firearm

manufactured by a licensed manufacturer, these firearms are completely untraceable.

They have no serial number. They have no manufacturer identification. Further, these

firearms are sold by unlicensed individuals with no regard to the prohibited status of the

purchaser, or the legality of the firearm itself.

Definition of a “Silencer”

21. A “silencer” under 18 U.S.C. § 921(a)(3)(C) includes “any firearms muffler or firearm

silencer.” A “firearm silencer” and “firearm muffler” is “any device for silencing,

muffling, or diminishing the report of a portable firearm, including any combination of

parts, designed or redesigned, and intended for use in assembling or fabricating a firearm

silencer or firearm muffler, and any part intended only for use in such assembly or

fabrication.” 18 U.S.C. § 921(a)(24).

AR-15 blank prior to milling

AR-15 blank after to milling, now considered a lower receiver

12

Photo 8 - Silencer (photos unrelated to this case)

The Silencer

22. A silencer is a device attached to or part of the barrel of a firearm which reduces the

amount of noise generated by firing. Silencers reduce gunshot noise by giving the gasses

a larger, contained space to dissipate and cool before exiting the silencer. Internal baffles

divide the silencer into various expansion chambers for maximum efficiency.

Photo 9 - Silencer Cutout (photos unrelated to this case)

Expansion Chambers

Baffles

13

23. A silencer consists of many parts. A commercially manufactured silencer would use the

following parts to construct a silencer; (1) end cap; (2) piston; (3) booster housing; (4)

booster spring; (5) baffle stack; (6) tube; and (7) front cap.

24. Depicted below is a silencer that has been disassembled to isolate the individual parts.

This image is from ATF’s “ATF Guidebook – Importation & Verification of Firearms,

Ammunition, and Implements of War,” accessible at

http://www.nibin.gov/content/firearms/firearms-industry/guides/gun-control-act-

definition-silencer.

Photo 10 - Silencer (exploded view) (photo unrelated to this case)

Federal Firearms License

25. A person who manufactures and sells firearms is required to hold a federal firearms

license (“FFL”) in accordance with 18 U.S.C. § 923(a).1 As an FFL, the licensee is

required to mark the firearms the FFL manufactures in accordance with 18 U.S.C. §

923(i) and its implementing regulation at 27 C.F.R. § 478.92, which prescribes the

identifying markings (including serial number and manufacturer name) and the manner in

which each firearm is to be marked. Additionally, 18 U.S.C. § 923(g)(1)(A) and its

implementing regulation at 27 C.F.R. § 478.123 prescribe record keeping requirements to

require the licensee to record specified information regarding the firearms manufactured

and information to whom the firearms are transferred.

1 An “FFL” is colloquially used to describe both the license issued by ATF (“Smith and Wesson has an FFL.”) and

also to refer to the individual or business that holds the license, i.e. the licensee (“Smith and Wesson is an FFL.”).

Baffles

Tube

14

26. Upon transfer of a firearm to a person who does not hold an FFL, the licensee

transferring the firearm is required to execute a Firearms Transaction Record (ATF Form

4473) and initiate a background check on the non-licensed individual in accordance with

18 U.S.C. § 923(g)(1)(A) and 18 U.S.C. § 922(t) and their implementing regulations at 27

C.F.R. §§ 478.124 and 478.102. In this particular case, firearms are being sold without a

license, being sold without filling out an ATF Form 4473, and without conducting a

background check.

27. The requirements to hold an FFL apply to any person who is engaging in the business of

manufacturing and/or selling firearms. This has created a loophole that permits an

individual to manufacture a firearm for personal use without first obtaining an FFL,

provided the firearm is not for sale and the person who made the firearm is not otherwise

prohibited from possessing firearms. (See Question A6, Federal Firearms Regulations

Reference Guide, ATF Publication 5300.4, Revised September 2005, page 176.) This

loophole only applies to personal use. Thus, only an FFL can manufacture a firearm for

sale or transfer.

Statement of Probable Cause

28. From approximately February to October 2015, ATF has been conducting an

investigation into a large-scale firearms trafficking and manufacturing network involving

numerous individuals, including LATU, TAMASOA, WHITE, ORTIZ, TUCKER,

PASCAN, and BENNETT. At no time relevant to this investigation did LATU,

TAMASOA, WHITE, ORTIZ, TUCKER, PASCAN, or BENNETT have a license to sell

or manufacture firearms. And at no time relevant to this investigation did LATU,

TAMASOA, WHITE, ORTIZ, TUCKER, PASCAN, or BENNETT have an application

to sell or manufacture firearms pending with the Secretary of the Treasury. Further, all of

the firearms transactions discussed herein were audio and video recorded by ATF.

A. February 6, 2015 – LATU and TAMASOA Sell One Rifle

29. On February 6, 2015, an undercover ATF agent (the “UC”) arrived at 7409 Troon Way,

Sacramento, California.2 Prior to arriving at this address, the UC had arranged to

purchase a firearm through Liberato Racimo. Upon arriving, the UC met outside the

residence with Racimo, who told the UC that “he” (referring to LATU) was on his way to

the residence. Shortly thereafter, LATU arrived in a Dodge pickup truck and met with

the UC and Racimo.3 LATU then introduced himself to the UC as “Joe.” After several

2 No transaction was made with Racimo after this date.

3 Throughout this investigation, ATF agents have observed LATU driving a red 2004 Dodge Ram 1500 pickup truck

with California license plate 38407L1, registered to Joseph LATU, 7400 Troon Way, Sacramento, California.

15

minutes, LATU said, “he’s about to pull up” (referring to TAMASOA). Referring to the

rifle that would be sold to the UC, Racimo asked LATU if it was “full squeeze”.4 LATU

responded, “I think so.” Several minutes later, a black Lexus arrived at the residence

driven by a female (later identified as Mafi Tamasoaalii).5 The UC asked LATU if the

person arriving was his cousin (referring to TAMASOA). LATU told the UC that it was.

Soon after arriving, TAMASOA presented the UC with a Norinco SKS Sporter rifle. The

UC asked TAMASOA if the rifle was fully automatic. TAMASOA said yes. The UC

asked TAMASOA for his name. TAMASOA said, “Archie.”

30. TAMASOA told the UC that he was able to get firearms by the crate6, that he would have

to wait “for his boy”7 to send the list of firearms, and that TAMASOA could then choose

any firearms from that list. TAMASOA also told the UC that he could obtain more than

fifty (50) firearms via this method. The UC gave LATU the UC’s phone number in order

for LATU to contact the UC for future transactions. The UC paid LATU $2,200.00 for

the Norinco SKS Sporter rifle (pictured below).

Photo 11 – the UC purchase on February 6, 2015.

4 “Full squeeze” is a street terminology for a machine gun. Under 26 U.S.C. § 5845(b), a machine gun is defined as

“any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one

shot without manual reloading, by a single function of the trigger.”

5 Throughout this investigation, TAMASOA has been repeatedly observed traveling in a Black 2003 Lexus GS 300

with California license plate 5FHF375, registered to Mafi Tamasoaalii, 3432 Summer Park Drive, #335,

Sacramento, California. This vehicle is referred to in this Affidavit as the “black Lexus.”

6 A “crate” is a term used to describe a box that would contain a large quantity of firearms.

7 This individual has not been identified.

16

B. February 9, 2015 – LATU and TAMASOA Sell One Rifle and One Pistol

31. On February 9, 2015, after arranging to meet LATU and TAMASOA in order to purchase

firearms from them, the UC arrived at an In-N-Out restaurant located at 780 Ikea Court,

West Sacramento, California. There, the UC met with LATU and LATU told the UC that

he had another cousin who could get firearms, which would be coming from Arizona.

After the UC indicated that he was looking for a consistent source of firearms, LATU

told the UC that the firearms would be coming consistently and that he had called his

cousin and his uncle letting them know that he had a consistent buyer.

32. Shortly thereafter, TAMASOA arrived. TAMASOA told the UC that he met with his

source of firearms and looked at the crates of firearms and that he was not the only

person “ordering” from the crates of firearms. TAMASOA indicated that he could

purchase whatever firearms were left over in the crates after others had purchased them.

TAMASOA then removed a black bag from the trunk of the black Lexus (the car he had

arrived in) and placed the bag in the trunk of the UC’s vehicle. The UC opened the black

bag and saw that it contained firearms – specifically, an Olympic Arm rifle and an Israel

Military Desert Eagle pistol, as well as numerous magazines and ammunition of various

calibers. The UC inspected the firearms and transferred the items into another bag to

keep the firearms concealed in the trunk.

Photo 12 – the UC inspecting the firearms purchased on February 9, 2015

33. The UC then asked TAMASOA how often shipments of firearms came. TAMASOA told

the UC that the firearms arrived weekly and that TAMASOA would be going this

weekend to see the next shipment of firearms. The UC then paid LATU $5,500.00 for

the rifle and pistol (pictured below). The UC asked TAMASOA what else the UC could

get from TAMASOA (meaning, what else could he purchase from TAMASOA).

TAMASOA told the UC that he usually only sells firearms and marijuana and also that

he used to sell cocaine but stopped selling it because it was too expensive. The UC asked

17

TAMASOA if he could sell him “molly.”8 TAMASOA said he could get it, but it would

only be in the powder form.

Photo 13 – the UC purchase on February 9, 2015

C. February 27, 2015 – TAMASOA Sells One Rifle

34. On February 27, 2015, after arranging a meeting in order to purchase a firearm, the UC

met TAMASOA at his residence, 3432 Summer Park Drive, Sacramento, California.

Upon arrival, the UC observed TAMASOA exit his building (with the numbers “3432”

affixed to the outside) with a black bag slung over his shoulder. The bag contained a

Bushmaster XM15-E2S rifle. TAMASOA placed the bag in the trunk of the UC vehicle

and then entered the UC vehicle. The UC paid TAMASOA $3,200.00 for the rifle.

8 “Molly” is a form of MDMA (3,4-methylenedioxy-methamphetamine), popularly known as ecstasy. Under the

Controlled Substances Act, MDMA is classified as a Schedule I (21 U.S.C. § 812(b)) controlled substance.

18

35. TAMASOA then asked the UC what other firearms the UC would be interested in

purchasing. The UC asked TAMASOA if his source would be able to obtain short-

barreled rifles. TAMASOA told the UC that his source, who was getting firearms from a

family business, could provide Uzis.9 The UC asked TAMASOA if he had any other

firearms connections (referring to suppliers of firearms). TAMASOA told the UC that he

had firearms connections in the Santa Rosa area and in the Seattle area. TAMASOA

indicated that he could get firearms by the “crate” full. TAMASOA told the UC that the

firearms would be coming from his cousin. TAMASOA also told the UC that he could

get “pills” and “molly.”

Photo 14 – the UC purchase on February 27, 2015

D. March 5, 2015 – LATU Sells Two Revolvers and One Pistol

36. On March 5, 2015, after arranging a meeting with LATU during which the UC would

purchase firearms from LATU, the UC met LATU in Woodland, California, at an

undercover location operated by Woodland Police Department (the “UC location”).

During the meeting, the UC purchased the following firearms from LATU: (1) a Nagant

9 Under 26 U.S.C. § 5861, it is unlawful to possess a short-barreled rifle – a rifle having a barrel length of less than

sixteen inches – unless it is registered and contains a serial number. See also 26 U.S.C. § 5845(a).

19

M1895 revolver, (2) a Smith & Wesson model 42 revolver, and (3) a Smith & Wesson

model 459 pistol.

37. Shortly after LATU arrived at the UC location, LATU removed a box from the trunk of

the vehicle he had arrived in. Both LATU and the UC entered the UC location with the

box. The UC and LATU removed the firearms from the box and inspected the firearms.

While removing the items, LATU told the UC that his cousin could get AK-type rifles,

but the rifles only fire semi-automatically.10

LATU told the UC that his cousin could get

the AK rifles next week. LATU indicated that his cousin had a source in the Vacaville,

CA area. LATU also told the UC that he knew people in southern California that were

looking for a buyer. The UC then paid LATU $1,500.00 for the firearms.

Photo 15 – the UC purchase on March 5, 2015

E. March 11, 2015 – UC Meeting with LATU and TAMASOA

38. On March 11, 2015, after making arrangements for a meeting, the UC met LATU and

TAMASOA in the Wing Stop parking lot at 3541 North Freeway Blvd., Sacramento,

California. During the meeting, TAMASOA told the UC that his father’s side of the

family lived in Hawaii and that TAMASOA’s father’s family distributed

methamphetamine in the Oahu area. TAMASOA told the UC that the family’s

methamphetamine packages (containing approximately 20 pounds of methamphetamine)

were stopped by the Honolulu Police Department.

10

The term “semiautomatic rifle” is defined as “any repeating rifle which utilizes a portion of the energy of a firing

cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the

trigger to fire each cartridge.” 18 U.S.C. § 921(a)(28).

20

39. The UC asked both TAMASOA and LATU if they were able to confirm their sources of

firearms. TAMASOA indicated that he had a source of firearms in the Seattle area, but

“we gotta go get it.” LATU asked TAMASOA what firearms were ready and

TAMASOA said, “about like 15 choppers.”11

TAMASOA told the UC that he received a

phone call on Saturday indicating that one of his source’s shipments was intercepted

because the container was filled with firearms. TAMASOA told the UC that they had to

wait two more weeks until the next shipment of firearms came. TAMASOA showed the

UC pictures on his cell phone of some of the firearms that were available via

TAMASOA’s cousin in Seattle.

40. TAMASOA then explained to the UC that a crate contained sixteen (16) firearms, and

that within the crate there were eight (8) pairs of the same model of firearm. TAMASOA

told the UC that they could go pick it up after TAMASOA found when his source would

be available. TAMASOA told the UC that his cousin had told him that the safest way to

conduct the firearms transaction would be to fly to Seattle and rent a vehicle, because a

car with California license plates would cause suspicion with the local police department.

TAMASOA told the UC that he had a storage locker where he typically stored his

firearms and that “a lot of my business people sending everything to my wife’s

[Tamasoaalii] phone.” TAMASOA, LATU, and the UC agreed that they should get

separate phones to communicate about firearms. TAMASOA said, “ATF…going to

fucking…take us all down.” TAMASOA then told the UC that his “boy” had molly

available.

41. Additionally, LATU indicated that he had a source of firearms in Arizona and he showed

the UC a picture on his cell phone of a firearm that would be similar to the firearms

coming from Arizona.

F. March 19, 2015 – TAMASOA Sells Two Rifles

42. On March 19, 2015, after arranging to meet TAMASOA in order to purchase firearms

from him, the UC met TAMASOA in Woodland, California, at the undercover location.

After arriving, TAMASOA removed a black bag from the trunk of his vehicle, which he

described to the UC as a rental car. TAMASOA carried the black bag inside the UC

location and told the UC that the magazines for the rifles were in the pockets of the bag.

The UC opened the bag brought by TAMASOA and inspected the two firearms inside the

bag – a American Spirit Arms model ASA15 rifle and a Ruger model Mini 14 rifle.

11

“Chopper” is a street terminology for machine gun or simply, a firearm or gun.

21

TAMASOA then told the UC that there were pistols12

available for the UC for

approximately $400-500 each. As the UC was inspecting the AR rifle, TAMASOA told

the UC that rifle was supposed to be “three round burst.”13

The UC then paid

TAMASOA $5,400.00 for the firearms.

Photo 16 – the UC purchase on March 19, 2015

G. April 3, 2015 – TAMASOA Sells 1,300 Ecstasy Pills

43. On April 3, 2015, after arranging with TAMASOA to meet and purchase ecstasy, the UC

met TAMASOA at the undercover location. TAMASOA arrived at the undercover

location in the black Lexus sedan previously discussed herein along with his wife, Mafi

Tamasoaalii. During the meeting with TAMASOA, the UC asked about TAMASOA’s

Seattle source of supply for firearms. TAMASOA said that he wanted the UC and Seattle

source to talk. TAMASOA told the UC that the Seattle source was driving down to

Sacramento, CA because he had family living in Sacramento. TAMASOA then handed

the UC a bag containing approximately 1,300 ecstasy pills. The UC paid TAMASOA

12

“Pistol” is a term that is colloquially used as a “handgun” and is defined under 18 U.S.C. § 921(a)(29)(A) as “a

firearm which has a short stock and is designed to be held and fired by the use of a single hand…” 13

“Three round burst” is a phase referring to a firearm’s ability to fire three rounds in a single pull of the trigger.

22

$1,500.00 for the ecstasy. The ecstasy pills subsequently were field tested. They tested

positive for the presence of MDMA.

Photo 17 – the UC inspecting the pills of ecstasy purchased on April 3, 2015


23

H. April 8, 2015 – TAMASOA Sells One Rifle

44. On April 8, 2015, after arranging to meet with TAMASOA in order to purchase a

firearm, the UC met TAMASOA at the undercover location in Woodland. The UC

observed TAMASOA arrive at the undercover location in his black Lexus with his wife.

After arriving, TAMASOA removed a black bag from the trunk of his vehicle and

handed it to the UC. The bag contained a New Frontier LW-15 rifle. The UC removed the

rifle from the bag and inspected it. TAMASOA told the UC that his source was asking

$2,200.00 for the rifle. TAMASOA then asked the UC what other firearms the UC would

want to purchase. The UC told TAMASOA that he wouldn’t be able to purchase more

firearms from TAMASOA because the previous firearms TAMASOA had sold him were

not fully automatic. The UC and TAMASOA discussed further purchases from

TAMASOA and his source in Seattle. After negotiating the price, the UC then paid

TAMASOA $2,000.00 for the rifle.


I. April 23, 2015 – LATU Sells One AR-15 Type Rifle

45. On April 23, 2015, after arranging a meeting with LATU to purchase firearms, the UC

met LATU at the undercover location in Woodland, California. Upon his arrival at the

undercover location, LATU discussed firearms transactions with the UC. LATU

indicated that he had just spoken with his source in Los Angeles and mentioned that the

only group of people that previously had been consistent buyers of firearms was “the

Armenians.” LATU told the UC that his LA source could provide a variety of firearms,

which he referred to as “nines, four fives, big toys, two fifty, and grenades, and whatever

we want.” LATU told the UC that all the UC needed to do was place an order for

firearms. LATU also told the UC that his brother-in-law had five (5) firearms available

and was trying to make contact with a friend that would be a main source of firearms.

LATU then went to the rear passenger seat of his vehicle, removed an unserialized,

unmarked AR-15 type rifle from the rear passenger seat of the vehicle, and handed it to

24

the UC.14

LATU told the UC that the source (believed to be a source separate from

LATU’s LA source, brother-in-law, and friend) could also manufacture the AR-15 rifles

as short-barreled rifles. LATU then gave the UC two large capacity magazines saying,

“here’s the two thirties”. LATU also told the UC that his source wanted money first, in

order to build the AR-15 rifles. LATU told the UC that his source’s friend was the one

that was manufacturing the firearms. LATU told the UC that the AR-15 rifle he was

purchasing that day came from the source’s personal inventory. The UC then paid LATU

$1,900.00 for the rifle.


J. April 30, 2015 – LATU Sell One AR-15 Type Rifle

46. On April 30, 2015, after arranging with LATU to meet him for the purpose of purchasing

firearms, the UC met LATU at the undercover location in Woodland, California. Shortly

after their arrival, LATU gave the UC a rifle sling and a magazine release button. LATU

told the UC that the items belonged to the AR-15 type rifle purchased from LATU on

April 23, 2015.

47. LATU then removed an unserialized, unmarked AR-15 type rifle from the rear driver’s

side seat of his pickup truck and handed it to the UC. LATU told the UC that the rifle

was owned by his Stockton source. (Based on my training and experience and

knowledge of this investigation, I believe that the Stockton source referred to here is

David Bennett, because on August 29, 2015, TUCKER indicated that Bennett provided

14

As discussed in the background section above, a firearm must have a serial number and manufacturer

identification prior to sale or transfer.

25

the tan rifle to the UC, and the rifle sold to the UC on April 30, 2015, had tan-colored

parts.) LATU continued to tell the UC that the Stockton source was pleased that the UC

was a serious buyer and had decided to sell the UC his personal rifle while he

manufactured the next AR-15 type rifle for the UC to purchase. The UC paid LATU

$1,900.00 for the rifle.


K. May 15, 2015 – TAMASOA, ORTIZ, and WHITE Sell Two AR-15 Type Rifles

48. On May 15, 2015, the UC met with TAMASOA after arranging to meet him to purchase

a firearm. Soon after arriving at the meeting, TAMASOA asked the UC, “What other

things can we move?” TAMASOA continued, “I can get my hands on drugs.” The UC

and TAMASOA discussed cocaine, and TAMASOA told the UC that he could get a

whole kilo of cocaine for approximately $34,000.00. TAMASOA said the cocaine would

come from Sacramento. The UC asked TAMASOA how much an ounce of crack cocaine

would cost. TAMASOA indicated it would cost approximately $1,200.00. TAMASOA

also told the UC that he knew how to cook cocaine to make crack cocaine.

49. TAMASOA then told the UC that there should be a total of five firearms available, and

the UC indicated that he would purchase two today and come back for the others at a

later date. TAMASOA and the UC then drove to ORTIZ’s house, located at 328

Moorland Street, Vallejo, CA, to conduct the firearms transaction. After arriving and

parking in front of ORTIZ’s house, the UC and TAMASOA waited for ORTIZ to arrive.

While waiting for ORTIZ, TAMASOA asked the UC if he knew anyone outside of

California to whom TAMASOA could sell or mail marijuana or methamphetamine.

26

TAMASOA then told the UC that he knew how to mail drugs out of the state. The UC

asked if TAMASOA’s wife knew what they were doing. TAMASOA indicated that his

wife knew about the transactions, that his wife would mail the packages, and that he

trusted his wife.

50. Two vehicles pulled into the driveway of ORTIZ’s residence, a white Chevrolet Tahoe

SUV and a black pickup truck. The UC followed the two vehicles and backed the UC

vehicle into the driveway. ORTIZ exited one vehicle and removed a large container from

the trunk. The UC followed TAMASOA to the patio at the rear of the residence. There,

the UC then greeted WHITE, who introduced himself as “Keith.” The UC then observed

WHITE remove two firearms from a large container – an unserialized, unmarked AR-15

type rifle and an AR-15 type JK Mustang Raptor. WHITE gave the UC one rifle to

inspect. The UC asked WHITE if the UC could purchase two of the rifles then come

back at a later date to purchase the other rifles. WHITE replied, “This is like Walmart

man…get what you want.” The UC then paid WHITE $3,200.00 for the two rifles.

Photo 22 – the UC purchase on May 15, 2015

L. May 17, 2015 – UC Meeting with LATU

51. On May 17, 2015, the UC met LATU in a parking lot located at 4424 Freeport Blvd,

Sacramento, California. LATU and the UC discussed LATU’s firearms sources and

27

whether LATU could sell firearms to the UC supplied by the sources. Specifically,

LATU told the UC that his cousin would be transporting firearms from Los Angeles to

Las Vegas and that that his cousin wanted the UC to prepay a percentage of the total

price of the firearms before going to Las Vegas to sell the UC firearms there. LATU told

the UC that he had confirmed with his cousin that all the firearms were fully automatic.

The UC and LATU also discussed LATU’s Louisiana source. LATU said that his

Louisiana source could sell 600 firearms at a price of $2,500.00 per 100 firearms. LATU

told the UC that the firearms should be available around August and that the UC would

have to go to Louisiana to pick up the firearms. LATU told the UC that his Louisiana

source was getting the firearms from the military.

52. The UC then asked LATU about the source of firearms who had previously built firearms

purchased by the UC (as discussed below, this source is believed to be David Bennett).

LATU said that the source typically did not want to meet people because he was a sheriff.

LATU told the UC that he and the sheriff used to ride dirt bikes together and that the

source manufactured firearms as a side business. Prior to departing, LATU asked the UC

if he purchased “hand toys” (a nickname for handguns). The UC said yes.

M. May 27, 2015 – TAMASOA Sells Two AR-15 Type Rifles

53. On May 27, 2015, after arranging to meet TAMASOA to purchase firearms, the UC met

TAMASOA at the Costco parking lot, located at 5101 Business Center Drive, Fairfield,

CA. During the meeting, the UC purchased two unserialized, unmarked AR-15 type rifles

from TAMASOA. The UC counted and paid TAMASOA $3,700.00 for the rifles. During

the transaction, the UC asked TAMASOA where his cousin (referring to ORTIZ) was

located. TAMASOA pointed at a white Chevrolet Tahoe parked a short distance away.


28

Photo 23 – the UC purchase on May 27, 2015

N. June 1, 2015 – LATU Sells One Rifle, Four Pistols, and One Revolver

54. On June 1, 2015, after arranging with LATU to purchase firearms, the UC met LATU

and two unidentified individuals (referred to herein as “FNU LNU #1” and “FNU LNU

#2”) at the undercover location in Woodland. During the meeting, the UC purchased six

firearms from LATU, FNU LNU #1, and FNU LNU #2: (1) a C.A.I. Zastava PAP

M92PV AK-type rifle; (2) a Taurus Millennium G2 pistol; (3) a Ruger SR40 pistol; (4) a

Smith & Wesson M&P Bodyguard Crimson Trace revolver; (5) a Glock 23 pistol; and (6)

a Smith & Wesson SD40 VE pistol. The UC paid LATU $5,000.00 in pre-recorded

funds for the firearms. LATU distributed the money to FNU LNU #1 and FNU LNU #2.

The UC paid LATU $500 for brokering the firearms sale. After the transaction, ATF

agents measured the barrel-length of the C.A.I. Zastava PAP M92PV AK-type rifle and

determined it to be approximately 10 inches long.


29

Photo 24 – LATU with Currency on June 1, 2015


55. The UC then asked the two unidentified individuals how often they wanted to bring

firearms to sell to the UC. FNU LNU #2 asked the UC what kinds of firearms the UC

wanted to purchase. The UC indicated that he wanted the same type of firearms that he

was purchasing in the current deal. FNU LNU #2 said he could sell “anything at the

store.” FNU LNU #1 added that they could get firearms from Nevada, specifically Las

Vegas. FNU LNU #2 asked the UC if the UC would be willing to purchase C4 explosives

30

and indicated that he had a potential source of supply of such explosives. The UC then

paid FNU LNU #1 an additional $200.00 in funds for driving from the Los Angeles, CA

area to Woodland. Later, via text message, LATU informed the UC that the AK type

rifle’s stock can be used as a shoulder stock, allowing the firearm to be fired like a rifle.

O. June 11, 2015 – LATU Sells Two AR-15 Type Rifles

56. On June 11, 2015, after arranging to meet LATU for the purpose of purchasing firearms,

the UC met LATU at In-N-Out Burger located at 780 Ikea Court, West Sacramento, CA.

LATU and the UC discussed LATU’s Louisiana source of firearms and LATU indicated

that the Louisiana source would be able to provide firearms in August. LATU then

opened the trunk of his vehicle and the UC removed one unserialized, unmarked AR-15

type short-barreled rifle and one AR-15 type rifle. The UC counted and paid LATU

$4,000.00 for the firearms. ATF agents subsequently measured the barrel-length of one of

the short-barreled rifles sold by LATU and determined it to be approximately 10 inches

long.


P. July 17, 2015 – LATU Sells an AR-15 Type Rifle and Silencer

57. On July 17, 2015, after arranging a meeting with LATU to purchase firearms, the UC met

LATU at the In-N-Out Burger located at 780 Ikea Court, West Sacramento, CA. Shortly

after their arrival, LATU showed the UC several pictures on his cell phone, including an

31

AR-15 type rifle with a silencer attached to it and pictures of three silencers of various

lengths. LATU indicated that the UC could purchase all of these items from LATU. The

UC asked LATU if “they” (referring to the unknown individual or individuals

manufacturing the silencers) were manufacturing the silencers or purchasing them.

LATU responded that “they” were manufacturing the silencers. LATU told the UC that

the UC could choose to buy a variety of different sizes of firearms and silencers.

58. LATU then provided the UC with an unserialized, unmarked AR-15 type short-barreled

rifle and an unserialized, unmarked silencer.15

LATU showed the UC the fully

assembled firearm and silencer. LATU then told the UC that he could manufacture all

the short-barreled rifles the UC wanted to buy. The UC asked LATU if he could make the

AR-15 rifles fully automatic, and LATU replied that all he needed to do was go to Reno,

Nevada to purchase the conversion kits.16

LATU continued to tell the UC that once the

kit was purchased, the kit would just need to be installed into the rifle. LATU informed

the UC that if “they” ordered fully automatic conversion kits in Northern California the

order would trigger an alert.

59. LATU then indicated to the UC that he had two sources of supply in Stockton – one

person who would order the firearms, silencer parts, and components and a second person

who manufactured and assembled the AR-15 type rifles and silencers. The UC then

counted out and paid LATU $3,000.00 for the rifle and silencer. ATF agents

subsequently measured the barrel-length of the rifle sold and determined it to be

approximately 10.5 inches long.


15

Similar to a firearm, a silencer must have a serial number and manufacturer identification prior to sale or transfer. 16

A rifle fully automatic conversion kit typically consists of an M16 trigger group and bolt carrier.

32

Q. July 20, 2015 – LATU Sells Two AR-15 Type Rifles and One Silencer


LATU at In-N-Out Burger located at 780 Ikea Court, West Sacramento, CA. During their

meeting, the UC asked LATU if one of his Stockton sources would be able to install parts

necessary to convert the previously purchased AR-15 type rifles into fully automatic

weapons. LATU responded in the affirmative and told the UC that his Stockton “guy”

would have no problems installing the parts. LATU indicated that they could just

purchase the conversion kits in Reno, NV. LATU told the UC that his Stockton “guy”

had suggested that he convert the previously purchased rifles into fully automatic rifles.

LATU indicated that his Stockton source, who had manufactured the rifles, was a sheriff

down in Stockton.

61. LATU then fitted the silencer to the barrel of one of the rifles that the UC would purchase

that day, so that the UC could inspect the rifle with the silencer installed. The UC then

purchased two unserialized, unmarked AR-15 type rifles and an unserialized, unmarked

silencer from LATU for $4,600.00.


R. July 28, 2015 – LATU Sells Three AR-15 Type Rifles and Three Silencers


LATU at In-N-Out Burger located at 780 Ikea Court, West Sacramento, CA. During the

meeting, the UC purchased two unserialized, unmarked AR-15 type short-barreled rifles;

an unserialized, unmarked AR-15 type rifle; and three unserialized, unmarked silencers

33

from LATU.17

The UC paid LATU $8,400.00 for the firearms and silencers and gave

LATU an additional $400.00 for facilitating the transaction.

63. LATU then told the UC that he would have “three shorties and the one mixture…” for the

next transaction and that the firearms would be available on Friday. LATU and the UC

discussed two of LATU’s suppliers based in Stockton. LATU said that one individual

(referred to herein as “FNU LNU #3”) would install automatic conversion kits necessary

to convert firearms into fully automatic firearms and another individual (referred to

herein as “FNU LNU #4”) built the silencers. LATU told the UC that FNU LNU #3 and

FNU LNU #4 were the only two individuals he trusted.

Photo 29 – Funds for LATU on July 28, 2015


17

ATF agents subsequently measured the barrel-length of one of the short-barreled rifles sold by LATU and

determined it to be approximately 11.75 inches long.

34


64. The firearms purchased on July 28, 2015 (described in the preceding paragraph and

pictured above), contained unique AR-15 type shoulder stocks with inscriptions

indicating that each stock was a “Shockwave Technologies Blade Pistol Stabilizer.” A

review of the Shockwave Technologies website indicates that the “blade” shoulder stock

is intended to be installed onto an AR-15 type pistol.18


18

See http://shockwavetechnologies.com/site/?page_id=1970. Under 18 U.S.C. § 921(a)(7) and 26 U.S.C. § 5845, a

“rifle” is “a weapon designed . . . and intended to be fired from the shoulder.” The term “pistol” is not statutorily

defined, but rather is a broad term to define firearms that are not rifles. An AR-15 is traditionally designed as a rifle;

however, an AR-15 without a stock does not meet the statutory definition of a rifle and is referred to as a pistol.

35

Photo 31 – Stock on rifle purchased on July 28, 2015

65. After being informed that the “blade” shoulder stock pistol stabilizer was intended to be

used on AR-15 type pistols, a Senior Firearms Enforcement Officer with the ATF

Firearms and Ammunition Technology Division informed investigating agents that if an

AR-15 type pistol with “blade” attachment is intended to be sold as an short-barreled rifle

or is being demonstrated to be fired from the shoulder, then the AR-15 pistol would be

considered an AR-15 short-barreled rifle.

S. August 4, 2015 – LATU Sells Four AR-15 Type Rifles and Five Silencers

66. On August 4, 2015, after arranging with LATU to meet him and purchase firearms, the

UC met LATU at Beach Hut Deli located at 767 Ikea Court, West Sacramento, CA.

During the meeting, the UC purchased four unserialized, unmarked AR-15 type short-

barreled rifles and five unserialized, unmarked silencers from LATU. Before purchasing

the firearms, the UC inspected them and saw that they were manufactured with the same

Shockwave blade stabilizers shoulder stocks. LATU told the UC that the shoulder stocks

just needed to get adjusted and that the rifles could be shot from the shoulder or the arm

with that particular shoulder stock. The UC counted and paid LATU $12,600.00 for the

firearms and an additional $200.00 for facilitating the transaction. ATF agents

subsequently measured the barrel-length of the four short-barreled rifles and determined

they were between 10.5 inches and 11.75 inches long.

36

Photo 32 – Funds for LATU on August 4, 2015

Photo 33 – UC purchase on August 4, 2015

37

67. During the transaction, LATU told the UC that the next order of rifles would be ready

soon. The UC mentioned to LATU that he had two fully automatic conversions kits and

asked LATU if his Stockton source would be able to install the automatic conversion kits.

LATU indicated that his Stockton source would be able to convert the rifles to fire in

fully automatic fashion. LATU also mentioned that the Armenian silencer manufacturer

(believed to be PASCAN, as described below) was manufacturing silencers quickly.

T. August 11, 2015 – LATU Sells One AR-15 Type Rifle and Four Silencers

68. On August 11, 2015, after arranging with LATU to meet and conduct a transaction for

firearms, the UC met LATU at Beach Hut Deli located at 767 Ikea Court, West

Sacramento, CA. Prior to the meeting, LATU and the UC discussed LATU bringing one

of his Stockton suppliers to the meeting. LATU arrived at the meeting alone and

indicated that his “boy” (referring to one of his Stockton suppliers) was occupied

elsewhere. The UC asked LATU for the name of his “boy”. LATU replied, “Charlie.”

(Agents later determined based on telephone toll records analysis, cellular telephone

subscriber records, cellular telephone geo-location data, and examining LATU’s

Facebook page that “Charlie” is Charles TUCKER. Further, agents positively identified

“Charlie” as Charles TUCKER on August 29, 2015, as discussed below.) Although the

UC and LATU use the name “Charlie” in their conversations, because “Charlie” has been

identified by ATF agents as TUCKER, he will be referred to as TUCKER throughout the

remainder of this affidavit.

69. The UC then asked LATU if Charlie was the “deputy” (referring to the previously

mentioned Sherriff’s Deputy in Stockton). LATU indicated that the deputy was a

different person named “Dave.” (Agents later determined based on telephone toll records

analysis, cellular telephone subscriber records, GPS tracker location data, and by

examining LATU’s Facebook page that “Dave” is David BENNETT. Although the UC

and LATU use the name “Dave” in their conversations, because “Dave” has been

identified by ATF agents as David BENNETT, he will be referred to as BENNETT

throughout the remainder of this affidavit.)

70. LATU and the UC then discussed the process of converting AR-15 type rifles from semi-

automatic to fully automatic status. LATU indicated that TUCKER and BENNETT

needed to change the lower receiver of the rifles because they were made of polymer.

LATU informed the UC that the heat from firing a fully automatic rifle would melt a

lower receiver made of polymer. LATU and the UC then discussed the possibility of

LATU selling the UC grenade launchers.

38

71. LATU also relayed to the UC that he had explained to TUCKER and BENNETT about

the need to change the shoulder stock on the short-barreled rifles. LATU then told the

UC that he had met BENNETT through TUCKER and that TUCKER and BENNETT

were close friends. LATU told the UC that BENNETT manufactured some rifles and

TUCKER manufactured the others. LATU also told the UC that “any moving Charlie

does, Dave knows…and move Dave does, Charlie knows.” Based on my training and

experience and knowledge of this investigation, I understand this statement to mean that

TUCKER is aware of the firearms that BENNETT manufactures and sells and

BENNETT is aware of the firearms that TUCKER manufactures and sells. LATU then

told the UC that he “had to create a little team… Charlie, Dave, and I got, uh…the other

dude who does the tips” (referring to PASCAN manufacturing silencers). LATU

indicated that the silencer manufacturer lives in Riverbank, California, and is called

“Bobby.” (By examining the telephone phone toll records and subscriber records, ATF

agents were able to identify “Bobby” as Ionel PASCAN, who was positively identified by

the UC during an in-person meeting on August 29, 2015.)

72. Shortly thereafter, LATU sold the UC an unserialized, unmarked AR-15 type rifle and

four unserialized, unmarked silencers. The UC paid LATU $5,800.00 for the rifle and

silencers, and he paid LATU an extra $100.00 for arranging the transaction.


39

U. August 11, 2015 – LATU Travels to TUCKER’s Residence and then to BENNETT’s Residence

73. The August 11, 2015, meeting between the UC and LATU ended shortly after 2:43 p.m.

Meanwhile, ATF was tracking LATU’s movements via a GPS tracker installed on his

vehicle, a 2014 Dodge Ram 1500 pickup truck. See Tracker Warrant, Case No. 2:15-

SW-421-DAD. According to location information provided by the GPS tracker, LATU’s

pickup truck traveled to 220 N Patton Avenue, Stockton, California (believed to be

TUCKER’s residence, as discussed below) at approximately 5:54 p.m. and left at

approximately 6:30 p.m.19

According to the GPS tracking device, at approximately 6:32

p.m., LATU’s Dodge Ram pickup truck arrived at 124 S Tulsa Ave, Stockton, CA 95215.

Agents conducted research on the Accurint public information database and learned that

David BENNETT’s residence was listed – and is still listed – as 124 S Tulsa Ave,

Stockton, CA 95215. 20

V. August 19, 2015 – GPS Tracker Data Indicates That LATU was at BENNETT’s

Residence

74. On August 19, 2015, the GPS tracker affixed to LATU’s pickup truck indicated that the

truck again was located at BENNETT’s residence, 124 S Tulsa Ave, Stockton, CA

95215. In fact, according to information provided by the GPS tracking device, agents

believe that LATU’s pickup truck was located in the driveway of BENNETT’s residence.

W. August 20, 2015 – LATU Sells Three Rifles, Two Short-Barreled Rifles, and Five Silencers

75. On August 20, 2015, after arranging to meet with LATU to purchase firearms, the UC

met LATU at Beach Hut Deli located at 767 Ikea Court, West Sacramento, CA. During

the meeting, the UC purchased three unserialized, unmarked AR-15 type rifles; two

unserialized, unmarked AR-15 type short-barreled rifles; and five unserialized, unmarked

silencers from LATU. LATU told the UC, “There’s three talls and two shorts.” The UC

paid LATU $14,000.00 for the rifles and silencers. ATF agents subsequently measured

the barrel-length of the two short-barreled rifles sold by LATU and determined them to

be approximately 11.75 inches long.

76. During the meeting, the UC asked LATU if he had spoken with Bennett and if Bennett

was still interested in manufacturing firearms for the UC to purchase. LATU told the UC

19

The tracker is accurate within approximately 5 yards.

20

Accurint is a comprehensive database of public records (e.g. motor vehicle records, business records, and real

property records) maintained by LexisNexis. Accurint is used by law enforcement to verify names and addresses. I

have used Accurint in past investigations and found it to be accurate.

40

that BENNETT was still comfortable with manufacturing rifles. LATU informed the UC

that BENNETT’s schedule would only allow him to manufacture one or two rifles at a

time for each transaction. LATU told the UC that BENNETT had said to him that

“Charlie knows most of everything.” LATU also told the UC that BENNETT had

manufactured at least one of the rifles from each of the earlier deals. LATU told the UC

that PASCAN manufactured the silencers and occasionally machined a few of the lower

receivers.

Photo 35 – LATU’s funds on August 20, 2015


41

X. August 27, 2015 – LATU Sells Two Rifles, One Short-Barreled Rifle, and Three Silencers

77. On August 27, 2015, after arranging a meeting to purchase firearms from LATU, the UC

met LATU at Beach Hut Deli located at 767 Ikea Court, West Sacramento, CA. During

the meeting, the UC purchased two unserialized, unmarked AR-15 type rifles; one

unserialized, unmarked AR-15 type short-barreled rifle; and three unserialized, unmarked

silencers from LATU. The UC paid LATU $8,400.00 for the rifles and silencers. ATF

agents subsequently measured the barrel-length of the short-barreled rifle sold by LATU

and determined it to be approximately 11.75 inches long.

78. Also during the meeting, LATU asked the UC to state the largest number of firearms he

would be willing to purchase during one transaction. LATU then indicated that he had

told the group – believed to be TUCKER, BENNETT, and PASCAN – to manufacture

short-barreled rifles only. LATU and the UC talked about how the shoulder stocks had

been an issue previously and LATU assured the UC that the shoulder stocks would not be

an issue again. LATU told the UC that he had told everyone that they should be

manufacturing the rifles how the “customers” wanted them. LATU told the UC that they

were trying a new method of converting a semi-automatic rifles to fully automatic.

LATU told the UC that he wanted to sell the UC ten rifles a week.


42

Y. August 29, 2015 – The UC Meets With LATU, TUCKER, and PASCAN

79. On August 29, 2015, after arranging the meeting with LATU, the UC met LATU,

TUCKER, and PASCAN at a tacqueria located at 9542 S Airport Way, Manteca, CA.

LATU introduced the UC to TUCKER and PASCAN. Shortly thereafter, the UC asked

LATU about BENNETT. TUCKER told the UC that BENNETT was a corrections

officer and just recently starting working full time. TUCKER then said, “here’s the

builder anyways,” referring to PASCAN. The UC asked TUCKER how many of the

previously purchased rifles had been built by BENNETT. TUCKER indicated that from

the last group of rifles – referring to the AR-15 type rifles purchased on August 27, 2015

(as described above) – BENNETT had manufactured two of the AR-15 type rifles and a

tan rifle purchased “in the beginning.” Based on my training, experience, and knowledge

of this investigation, I believe that TUCKER was referring to the rifle purchased by the

UC on April 30, 2015. The UC then asked LATU if PASCAN was the individual

manufacturing the “tips” (meaning silencers). After LATU said yes, the UC turned to

PASCAN and said that the silencers were “quality.” PASCAN replied, “thank you sir.”

The UC asked PASCAN how he had learned to manufacture silencers. PASCAN replied,

“Off the top of my head and then a little research.” The UC asked both TUCKER and

PASCAN if they were “good with doing what you’re doing?” TUCKER responded,

“Absolutely.” PASCAN gave the UC a non-verbal nod with his head.

80. TUCKER clarified to the UC that BENNETT was paranoid because BENNETT believed

that the firearms could possibly involve mafias and/or other gangs. TUCKER continued,

“I don’t even want to know where they’re going … I don’t care who’s getting them … I

don’t care.”

81. During the meeting, ATF agents positively identified “Charlie” and “Bobby” as Charles

TUCKER and Ionel PASCAN, respectively.

Z. September 1, 2015 – LATU, TUCKER, PASCAN Sell Three Rifles, One Short-Barreled Rifle, Five AR-15 Type Pistols, and Two Silencers

82. On September 1, 2015, after arranging with LATU to purchase firearms, the UC met

LATU, TUCKER, and PASCAN and purchased three unserialized, unmarked AR-15

type rifles; one unserialized, unmarked short-barreled AR-15 type rifle; five unserialized,

unmarked AR-15 type pistols; and two unserialized unmarked AR-15 silencers from

LATU, TUCKER, and PASCAN. The UC paid LATU, TUCKER, and PASCAN

$14,000 and agreed to pay LATU additional funds later. ATF agents subsequently

measured the barrel-length of the short-barreled rifle and determined it to be

approximately 11.75 inches long.

43

83. Also during the meeting, the UC and TUCKER discussed BENNETT. TUCKER told the

UC that BENNETT was the individual who helped TUCKER manufacture his first

firearm. The UC LATU, TUCKER, and PASCAN then discussed a potential large

purchase to take place within the next few weeks. Referring to the large deal, TUCKER

said, “That’s going to be solo us,” and he then indicated that he needed some advance

notice prior to the deal so that he and PASCAN could order parts in advance. The UC

and TUCKER then discussed a deal for 50 rifles. TUCKER told the UC that he could do

the deal in 3-4 weeks. The UC then exchanged telephone numbers with TUCKER and

PASCAN.

Photo 38 – UC purchase on September 1, 2015

AA. September 8, 2015 – LATU Sells Five Short-Barreled AR-15 Type Rifles


LATU at Five Guys Burger and Fries located at 768 Ikea Court, West Sacramento, CA.

During the meeting, the UC purchased five unserialized, unmarked short barreled AR-15

type rifles from LATU $9,000.00. The UC also paid LATU $4,200.00 to cover the

44

remaining money he owed LATU from the purchase on September 1, 2015. Later, ATF

agents measured the barrel-length of the five short-barreled rifles sold by LATU and

determined them to be approximately 11.75 inches long.

85. During the meeting, LATU and the UC discussed the work that PASCAN and TUCKER

were doing to manufacture firearms. LATU told the UC that PASCAN was waiting on

several parts to come through the mail in order to finish building additional silencers.

LATU also told the UC that PASCAN was working on building 1911s pistols. LATU

told the UC that they – believed to be referring to him, TUCKER, and PASCAN – would

continue with the regular orders/purchases of the AR-15 type rifles and silencers.

Photo 39 – UC purchase on September 8, 2015

BB. September 15, 2015 – LATU and TUCKER Sell Five Short-Barreled AR-15 Type Rifles and Five Silencers


LATU and TUCKER at La-Z-Boy located at 756 Ikea Court, West Sacramento, CA.

During the meeting, the UC purchased five unserialized, unmarked short barreled AR-15

type rifles and five unserialized, unmarked silencers from LATU and TUCKER. The UC

paid LATU $14,000.00 for the rifles and silencers. ATF agents subsequently measured

the barrel-length of the five short-barreled rifles sold by LATU and determined that they

were approximately 11.75 inches long.

45

87. Also during the meeting, TUCKER told the UC that he had ordered 25 lower parts kits

and 25 upper receivers. TUCKER told the UC that he would be ordering the other 25

lower parts kits and 25 upper receivers in the following weeks. TUCKER told the UC

that an individual “down south” (believed to be referring to the Los Angeles area) was

providing the upper receiver parts and TUCKER estimated that obtaining 50 upper

receivers would take approximately 2 weeks. TUCKER told the UC that the lower

receivers would only take three days to be shipped. TUCKER told the UC that his parts

supplier was shipping the parts to TUCKER labeled as auto parts. TUCKER also told the

UC that he wanted to have rifles ready and available for the UC when he called in the

future.

Photo 40 –UC purchase on September 15, 2015

CC. September 16, 2015 – LATU Sells Eight Silencers

88. On September 16, 2015, after arranging a meeting with LATU, the UC met LATU at La-

Z-Boy located at 756 Ikea Court, West Sacramento, CA. During the meeting, the UC

46

purchased eight unserialized, unmarked silencers from LATU for $8,000. Also during the

meeting, LATU asked the UC if there was any possibility that the UC would be interested

in purchasing seven silencers and five AR-15 type rifles. The UC told LATU that the UC

would be out of town next week and would try to purchase them the following week.


DD. September 28, 2015 – LATU Sells Five AR-15 Type Rifles and One Silencer

89. On September 28, 2015, after arranging with LATU to meet and conduct a firearms

transaction, the UC met LATU at the Five Guys Burger and Fries located at 768 Ikea

Court, West Sacramento. During the meeting LATU sold the UC five unserialized,

unmarked AR-15 type rifles and one unserialized, unmarked silencer for $10,000.

90. Also during the meeting, LATU told the UC that he had been working on getting all the

firearms together. LATU told the UC that they – believed to be referring to LATU,

TUCKER and PASCAN – had completed half (25) of the rifles discussed for the next

transaction, which was planned to include 50 rifles. LATU told the UC that all 50 rifles

should be completed within the next couple days. LATU told the UC that PASCAN was

asking if the purchasers wanted the silencers permanently affixed to the rifles. The UC

told LATU to attach the silencers on the rifles hand tight. LATU told the UC that he was

going to consolidate all the rifles at his residence. Then when PASCAN and TUCKER

47

completed the remaining rifles, they – referring to PASCAN and TUCKER – could meet

the UC at LATU’s residence.


EE. Cellular Telephone Pen Register Analysis Connects BENNETT to the Conspiracy

91. During the course of this investigation, ATF agents obtained telephone numbers for

LATU, TUCKER, PASCAN, and BENNETT and analyzed their pen register data. Pen

register data for the cellular telephones used by TUCKER and LATU, respectively, show

that TUCKER called BENNETT’s cell phone approximately 155 times between

September 3, 2015 and September 16, 2015, and LATU called BENNETT’s cell phone

approximately 116 times between July 19, 2015, and September 15, 2015.

92. Additional Pen Register analysis shows that on the day of numerous gun sales involving

the UC and LATU in July, August, and September 2015, LATU and TUCKER had

multiple contacts with BENNETT’s cell phone. Specifically, on July 20, 2015, when the

UC purchased one unserialized, unmarked AR-15 type rifle; one unserialized, unmarked

AR-15 type rifle; and one unserialized, unmarked silencer from LATU, LATU had 15

text message and/or phone call communications with BENNETT. On August 4, 2015,

when the UC purchased four unserialized, unmarked AR-15 type rifles and five

unserialized, unmarked silencers from LATU, LATU had 8 text message and/or phone

call communications with BENNETT. On August 27, 2015, when the UC purchased two

unserialized, unmarked AR-15 type rifles; one unserialized, unmarked AR-15 type short-

48

barreled rifle; and three unserialized, unmarked silencers from LATU, LATU had 2 text

message and/or phone call communications with BENNETT. On September 8, 2015,

when the UC purchased five unserialized, unmarked short-barreled AR-15 type rifles

from LATU, TUCKER had one text message and/or telephone call communication with

BENNETT. On September 15, 2015, when the UC purchased five unserialized,

unmarked short-barreled AR-15 type rifles and five unserialized, unmarked silencers

from LATU and TUCKER, TUCKER had 13 text message and/or telephone call

communications with BENNETT. And on September 16, 2015, when the UC purchased

eight unserialized, unmarked silencers from LATU, TUCKER had 2 text message and/or

telephone call communications with BENNETT.

93. Through database checks and other investigations, ATF agents have learned that the

subscriber for BENNET’s cell phone is listed as Brooke Espinosa. By examining

BENNETT’s Facebook friends, ATF agents were able identify Brooke Espinosa to be in

a romantic relationship with BENNETT. By examining the volume of telephone calls

and the dates of the phone calls, based on my training and experience and knowledge of

this investigation, specifically, the multiple communications between LATU’s and

BENNETT’s cellular telephone on the dates of gun sales involving LATU and the UC, I

believe that BENNETT utilized a cellular telephone subscribed in his girlfriend’s name. I

also know, based on my training and experience, that individuals engaging in illegal

activities, such as firearms trafficking, who conduct their illegal activities over cellular

telephones, commonly use cellular telephones subscribed to someone other than them,

often a relative or friend, in order to conceal their illegal activities.

Law Enforcement Establishes the Addresses of LATU, TUCKER, PASCAN,

BENNETT, and WHITE

FF. LATU’s Residence is 9166 Aegina Court, Elk Grove, California

94. On September 24, 2015, I queried the Accurint law enforcement database system which

listed LATU’s residence as 9166 Aegina Court, Elk Grove, California, as further

described in Attachment A-1.

95. On September 17, 2015, a West Sacramento Police Officer observed LATU’s known

vehicle, a 2014 Dodge Ram pickup truck, parked in front of the residence at 9166 Aegina

Court, Elk Grove, California. Furthermore, data generated by the GPS tracker affixed to

LATU’s pickup truck and geo-location data from LATU’s cellular telephone indicated

that he frequently travels to and resides at 9166 Aegina Court, Elk Grove, California.

49

96. Although LATU’s Dodge Ram pickup truck is registered to 7400 Troon Way,

Sacramento, California, based on my training, experience, and knowledge of this

investigation, I understand that the Troon Way address was LATU’s previous address

and based on Accurint information, GPS tracker data, and geo-location data, LATU

moved out of the Troon Way address to the 9166 Aegina Court address.

GG. TUCKER’s Residence is 220 N Patton Avenue, Stockton, California


listed Charles TUCKER’s residence as 220 N Patton Avenue, Stockton, California,


98. According to the California Department of Motor Vehicles, TUCKER’s current address

is “220 N Patton Avenue, Stockton, California 95215.”

HH. PASCAN’s Residence is 2825 Donner Trail Court, Riverbank, California


listed Ionel PASCAN’s residence as 2825 Donner Trail Court, Riverbank, California, as


100. According to the California Department of Motor Vehicles, PASCAN’s current

mailing address is “2825 Donner Trail Court, Riverbank, California 95367.”

II. BENNETT’s Residence is 124 S Tulsa Avenue, Stockton, California

101. On September 24, 2015, I queried the Accurint law enforcement database system

which listed BENNETT’s residence as 124 S Tulsa Avenue, Stockton, California, as


102. According to the California Department of Motor Vehicles, BENNETT’s current

mailing address is “124 S Tulsa Avenue, Stockton, California 95215.”

103. Furthermore, geo-location data provided by BENNETT’s cellular telephone

showed that BENNETT arrived at the 124 S Tulsa Avenue, Stockton, California, address

at approximately the end of the work day and/or in the evening and that he was frequently

at that address in a manner consistent with residing at that address.

50

JJ. WHITE’s Residence is 301 Brunswick Drive, Vallejo, California

104. On September 30, 2015, ATF agents and West Sacramento Police Officers

conducted surveillance at 301 Brunswick Drive, Vallejo, California, as further described

in Attachment A-5, observing WHITE exiting and entering the residence.

105. According to the California Department of Motor Vehicles, as of June 10, 2015,

WHITE has a registered address of 1310 Alma Ave, W307, Walnut Creek, CA 94596.

However, I believe that the above-referenced address is not WHITE’s address. Based on

my training and experience and discussions with other law enforcement agents,

individuals involved with illegal activity, such as trafficking firearms without a license,

often utilize multiple addresses to either confuse and/or avoid detection by law

enforcement. Furthermore, according to the California Department of Motor Vehicles, as

of July 27, 2012, WHITE’s driver license listed his address as “301 Brunswick Drive,

Vallejo, California 94591.” Additionally, according to the California Department of

Motor Vehicles, as of August 8, 2012, a secondary registered address for WHITE is “301

Brunswick Drive, Vallejo, California 94591.” Furthermore, on September 29, 2015, the

Walnut Creek Police Department (“WCPD”) responded to a phone call originating from

apartment W307 at 1310 Alma Avenue. During the interview, WCPD was able to

determine that WHITE did not reside at that address. This information was then given to

West Sacramento Police Department and ATF agents.

Probable Cause To Search BENNETT’s Work Lockers, #405 & #406

106. ATF agents have spoken with BENNETT’s employer, the San Joaquin County

Sheriff’s Office, and understand that BENNETT is a correctional officer at the San

Joaquin County Jail. Based on this conversation, I know that BENNETT possesses two

personal lockers at the San Joaquin County Jail, locker #405 and locker #406. Pursuant

to the policy of BENNETT’s employer, as a correctional officer BENNETT is not

permitted to possess a cellular telephone during work hours in the jail. A representative

of the San Joaquin County Sheriff’s Office has informed ATF agents that correctional

officers typically store their cellular telephones in their personal lockers at the jail or in

their vehicles. As stated throughout this affidavit, BENNETT has frequently used his

cellular telephone to communicate with LATU and TUCKER on the specific days that

LATU and/or TUCKER engaged in illegal firearms sales with the UC. I also believe that

the facts set forth in this affidavit establish that BENNETT engaged in the illegal

manufacture and distribution of firearms. Based on my training, experience, and

knowledge of this investigation, and as set forth throughout this affidavit, I understand

that individuals who manufacture and/or distribute firearms for sale frequently keep

evidence of their illegal activity stored on their cellular telephones. Accordingly,

51

probable cause exists to believe that evidence of criminal activity – specifically,

BENNETT’s cellular telephone – exists inside BENNETT’s work locker.

107. Furthermore, based on my training, experience, and knowledge of this

investigation, I understand that law enforcement officers commonly keep their firearms –

both government issued and personal – in their work lockers. Because probable cause

exists to believe that BENNETT was engaged in the unlawful manufacturing and

distribution of firearms based on the facts set forth in this affidavit, and because I know

that law enforcement officers commonly keep firearms in their work lockers, probable

cause exists to believe that firearms parts, components, and/or completed firearms

manufactured by BENNETT out of components – evidence of BENNETT’s illegal

manufacturing and sale of firearms – are contained inside his work locker.

108. Therefore, for the foregoing reasons, and because there is probable cause to

believe that evidence, fruits, proceeds, or instrumentalities, as described in Attachment

B hereto, are contained in BENNETT’s work lockers – lockers #405 and #406, as

described further in Attachment 6.

Training and Experience Related to Firearms Trafficking

109. I know from my training, experience, and discussions with other experience law

enforcement officials that firearm traffickers and/or manufacturers frequently possess the

following evidence of their unlawful activity in their residences, shops, storage units,

vehicles, and/or on their persons:

a. Firearms, lower receivers, upper receivers, grips, stocks, magazines, magazine

repair kits, trigger assemblies, blanks, and barrels,

b. Information concerning where and from whom the trafficker/manufacturer

purchased firearms or firearm parts,

c. Information concerning where and to whom the trafficker/manufacturer sold

firearms or firearm parts,

d. Firearm records (purchase/sale, method of payment), documents related to milling

of the firearms, notes or other documentation concerning profits made (i.e.,

comparing cost of purchase vs. cost of sale),

e. Information concerning methods used to advertise the availability of their

firearms or firearm parts for purchase,

52

f. Photos of their firearms or firearm parts for purposes of advertising for sale, to

keep track of their inventory, for insurance in case of theft, etc.

g. Written, recorded oral, or digital communications with associates involved in the

purchase/sale of firearms or firearm parts,

h. Written statements showing profits made from the sale of firearms or firearm

parts for internal purposes,

i. Bank deposit records, checking account records, and other financial

documentation showing the purchase of firearms or firearm parts, the securing of

cash to purchase firearms, and the depositing of cash proceeds from the sale of

firearms,

j. Cell phone records which show the phone number and subscriber information,

and numbers called/received,

k. Indicia of persons in control over a premises where the above items are found,

including addressed mail, material in the premises with personal identification

information, photographs of persons in or about the location, etc.

l. Tools and equipment associated with the manufacture of firearms, including CNC

machines, drills, drill presses, lathes, welding equipment, jigs, hack saws, power

saws,

m. Templates, diagrams, instruction manuals, pamphlets, or other tutorial material

regarding the manufacture of firearms.

110. I know from my training and experience and discussions with experience law

enforcement officers, that individuals that own firearms store the firearms in safes, gun

safes, locked cabinets, and/or other secured containers. I also know that individuals that

possess firearms typically store their firearms in their homes. They store their firearms in

their homes for a number of reasons, including, to safely and securely store the firearm,

for quick access to the firearm for personal and property protection, and for convenient

access for use of firearms for sporting purposes.

111. I know that firearm traffickers and/or manufacturers, as well as criminal co-

conspirators generally, use cellular telephones to communicate with one another, either

by voice or text message. Cellular telephones are digital devices that preserve in their

53

memory a history of incoming, outgoing, and missed calls, which can lead to evidence of

the telephone numbers of other firearm traffickers and/or manufacturers and the dates and

times that they and/or the mobile telephone user dialed one another’s telephones.

Cellular telephones also contain in their memory a telephone book. This allows the user

to store telephone numbers and other contact information; the information stored in a

telephone used by firearm traffickers and/or manufacturers is evidence of the associations

of the firearm traffickers and/or manufacturers, some of which are related to his or her

illegal business. Cellular telephones also contain in their memory text messages sent,

received, and drafted by the mobile telephone user. The text message history of a firearm

trafficker’s and/or manufacturer’s mobile telephone can contain evidence of firearm

trafficking and/or manufacturing because it shows the communications or planned

communications of a firearm trafficker and/or manufacturer and the telephone numbers

of those with whom the firearm trafficker and/or manufacturer communicated or intended

to communicate. Cellular telephones also have a voicemail function that allows callers to

leave messages when the telephone user does not answer. Firearms traffickers and/or

manufacturers sometimes leave voice messages for each other and this is evidence both

of their mutual association and possibly their joint criminal activity. Cellular telephones

can also contain other user-entered data files such as “to-do” lists, which can provide

evidence of crime when used by firearm traffickers and/or manufacturers. Cellular

telephones can also contain photographic data files, which can be evidence of criminal

activity when the user was a firearms trafficker who took pictures of evidence of crime.

Cellular telephone companies also store the data described in this paragraph on their own

servers and associate the data with particular users’ mobile telephones.

112. It has been my experience in the past, and particularly in this case, that when

suspects utilize cellular telephones to communicate with cooperating individuals or

undercover agents to set up the purchase of guns, records relating to these activities will

be found stored in the cellular telephone. And, as relevant to this case, the firearm

traffickers and/or manufacturers in this case, LATU, TUCKER, BENNETT and

PASCAN, have used in the course of this investigation; text messaging to communicate

about their ongoing trafficking and/or manufacturing in firearms. Based on my training

and experience and knowledge of this investigation, I believe that TAMASOA, ORTIZ,

and WHITE have likely communicated via text messaging with each other and/or other

potential buyers of firearms.

113. In my experience, firearm traffickers and/or manufacturers may take or cause to

be taken, photographs or videotapes of themselves, their associates, their property, and

their product. Such traffickers often maintain photographs and/or videotapes at their

residence or in the areas under their control.

54

114. Repeated firearm trafficking and/or manufacturing activity over lengthy periods

of time generates greater amounts of evidence. Many items of evidentiary value,

particularly computer and documentary evidence, are not illegal to possess and, therefore,

not overtly incriminating in the criminal's view. It is also a common practice for firearm

traffickers and/or manufacturers to maintain personal property used or obtained in their

criminal activities and which constitute evidence of their crimes for extended periods of

time.

115. As a result of my experience and training, I have learned that firearm traffickers

and/or manufacturers maintain and tend to retain accounts or records of those

transactions. Such records detail amounts outstanding, owed, or expended, along with

records tending to indicate the identity of co-conspirators and these records may be kept

on paper or contained in digital storage devices. It is also my experience that these

traffickers and/or manufacturers tend to keep these accounts and records in their

residence and in the areas under their control. Through my training and experience, I

know that the business of firearms trafficking and/or manufacturing is similar to drug

trafficking and by analogy in the case of drug dealers, evidence is likely to be found

where the dealers live. See United States v. Angulo-Lopez, 791 F.2d 1394, 1399 (9th Cir.

1986). It is also my training and experience that where criminal activity is long-term or

ongoing, equipment and records of the crime will be kept for some period of time. See

United States v. Greany, 929 F.2d 523, 525 (9th Cir. 1991).

116. Based upon my training and experience, the above-described documentary

evidence can be in paper form, or may be in digital form stored on computers, smart

phones, digital notebooks, personal computers or any other type of digital storage device

(e.g. thumb drives, external hard drives, etc.). Although the above-described material and

the devices holding the material would most likely be in their residence, it is also often

found in their personal vehicles, in their personal work areas (desks, lockers, etc.) where

they work, and/or rented storage lockers. In addition, since many persons these days

carry their cellular telephones and, sometimes, digital notebooks, laptop computers, on

their persons, it is often necessary to search and seize these items from the firearm

trafficker’s and/or manufacturer’s person to secure this evidence.

117. I know, based on my training and experience, that the number of firearm

traffickers and/or manufacturers using computers and electronic information storage

devices, like the general population as a whole, is steadily increasing, and such computer

hardware, software, documentation, passwords, and electronic information storage

devices may be instrumentalities, fruits, or evidence of crimes. Moreover, such

computers and electronic information storage devices offer firearm traffickers and/or

manufacturers and distributors convenient devices for recording information concerning

55

firearms, including sources, co-conspirators and customers, records of purchases and

sales, and any other information deemed pertinent by the firearm traffickers and/or

manufacturers and distributor. Much of the electronic media storage devices, such as

floppy disks, zip disks, thumb drives, CD-ROMs, SD memory cards, are very small,

detachable, portable, and can be secreted in small containers, such as safes and clothing

pockets. I also know, based on my training and experience, that firearm traffickers

and/or manufacturers often communicate with their criminal associates and with potential

buyers through the use of electronic mail, instant messaging, text messaging, telephone

answering machines, voicemail, pagers, and telephones (cellular and land line). To the

firearm traffickers and/or manufacturers, these communication devices are part of their

normal business equipment.

118. I also know from my training, experience and from discussions with other law

enforcement officials that persons with an FFL (which licenses them to sell or

manufacture firearms to the public), who engage in unlawful firearm sales frequently

have the below-described materials in addition to the above-described material, which is

frequently evidence needed to prove the unlawful activity:

a. Records concerning firearm manufacturing, purchases, and sales including, but

not limited to, the dealers’ “Firearms Receipt and Disposition” book which is

required by federal regulations to be kept by persons with an FFL, ATF Forms

4473 (required for each firearm sale), inventory tracking documents, shipping

boxes and labels, correspondence with the firearms suppliers or firearms

purchasers, California Dealer Of Record Sale (DROS) records, books, receipts,

invoices, notes, ledgers, and pay/owe sheets.

b. Records showing private party transfers conducted by the FFL.

c. Photographs of firearms/silencers or firearm/silencers parts purchased or sold.

d. Indicia of persons in control of, and working at, the premises.

e. The above-described documentary evidence may be in paper form, or may be in

digital form stored on computers, smart phones, digital notebooks, lap-tops or

other digital storage device.

119. As described above, this Affidavit seeks permission to search and seize things that

are related to the ongoing conspiracy between LATU, TUCKER, PASCAN, BENNETT,

and WHITE in whatever form such things are stored. Accordingly, based on the

investigation in this case and my training and experience, I believe that items listed in

56

Attachment B will be found on the persons and in the vehicles and locations listed in

Attachments A-1 through A-6.

120. Based on my knowledge, training, and experience, I know that electronic devices

can store information for long periods of time. Even when a user deletes information

from a device, it can sometimes be recovered with forensics tools. Similarly, things that

have been viewed via the Internet are typically stored for some period of time on the

device. This information can sometimes be recovered with forensics tools. Accordingly,

the digital evidence, to include, but not limited to, computers, cellular telephones, digital

devices, and electronic storage media, seized pursuant to this search warrant will be

handled according to the protocol set out in Attachment C.

Request to Seal

121. This criminal investigation is ongoing. Disclosure of the contents of this

Affidavit at this time could seriously impede the continuing investigation and potential

prosecution by prematurely disclosing the details of the United States’ investigation.

This could potentially cause subjects of the investigation to flee, destroy evidence, or

intimidate and attempt to corruptly influence potential witnesses in the case. Also,

potential interviewees would be able to identify specific subjects of the investigation and

could fabricate responses in order to avoid possible criminal liability. Accordingly, I

respectfully request that the Court issue an order sealing this search warrant application

and Affidavit until further order of this Court, with the exception that copies of the search

warrant will be left at the scene of each search location and copies will be used by law

enforcement as part of the execution of these search warrants and the continuing

investigation.


Conclusion

122. Based on the foregoing facts set forth in this Affidavit, I believe there is probable

cause to support the issuance of arrest warrants and criminal complaints charging:

57

a. Joseph LATU with violations of 18 U.S.C. § 922(a)(1)(A) (dealing firearms



(conspiracy to commit the foregoing offenses);

b. Algernon TAMASOA with violations of 18 U.S.C. § 922(a)(1)(A) (dealing

firearms without a license), 18 U.S.C. § 371 (conspiracy to deal firearms without

a license), and 21 U.S.C. § 841(a)(1) (distribution of MDMA);

c. John ORTIZ with violations of 18 U.S.C. § 922(a)(1)(A) (dealing firearms


license);

d. Charles TUCKER with violations of 18 U.S.C. § 922(a)(1)(A) (dealing firearms



(conspiracy to commit the foregoing offenses)

e. Ionel PASCAN with violations of 18 U.S.C. § 922(a)(1)(A) (dealing firearms



(conspiracy to commit the foregoing offenses); and

f. Keith WHITE with violations of 18 U.S.C. § 922(a)(1)(A) (dealing firearms


license).

123. Further, based on the foregoing facts set forth in this Affidavit, probable cause

exists to believe that the following residences contain evidence, fruits, proceeds, or

instrumentalities, as described in Attachment B hereto, of violations of 18 U.S.C.

§ 922(a)(1)(A) (unlawful dealing in firearms); 26 U.S.C. § 5861(f) (unlawful

manufacturing of a firearm); 26 U.S.C. § 5861(i) (possession of an unserialized firearm);

and 18 U.S.C. § 371 (conspiracy to commit the foregoing offenses). Accordingly, this

Affidavit is offered in support of search warrants for:

a. 9166 Aegina Court, Elk Grove, California 95822 (the residence of Joseph LATU),

as further described in Attachment A-1.

b. 220 N Patton Avenue, Stockton, California 95215 (the residence of Charles

TUCKER), as further described in Attachment A-2.

c. 2825 Donner Trail Court, Riverbank, California 95367 (the residence of Ionel

PASCAN), as further described in Attachment A-3.

c. 2825 Donner Trail Court, Riverbank, California 95367 (the residence of Ionel P ASCAN), as further described in Attachment A-3.

d. 124 S Tulsa Avenue, Stockton, California 95215 (the residence of David BENNETT), as further described in Attachment A-4.

e. 301 Brunswick Drive, Vallejo, California (the residence of Keith WHITE), as further described in Attachment A-5.

I swear, under penalty fperjury, that the foregoing information is true and correct to the best ofmy 1

ATF Special Agent

Sworn and Subscribed to me on October j_, 2015,

' Hon. ALLISON CLAIRE United States Magistrate Judge

Approved as to form:

'

cLP-~~ CHRISTIAAN HIGHSMITH Assistant United States Attorney

58

ATTACHMENT A-1

Description of the Location to be Searched

The residence of Joseph LATU located at 9166 Aegina Court, Elk Grove, California 95822.

9166 Aegina Court, Elk Grove, California consists of a two-story residence with an attached three car garage. The residence, located on the west side of Aegina Court, has gray colored walls with the trim painted white. The number "9166" is affixed to the wall by the garage door facing Aegina Court. A wooden fence surrounds the rear of the premises with the entrance on the south

side of the residence.

The authority to search this location includes:

1. The persons of:

a. Joseph LA TU

2. Red 2004 Dodge Ram 1500 with California license plate 38407L1 , registered to Joseph LATU, 7400 Troon Way, Sacramento, California.

3. The search of this location shall also include all rooms, annexes, attics, basements, garages, carports, outside yard, curtilage, mailboxes, trash containers, debris boxes, storage lockers and areas, cabinets, sheds and outbuildings associated with the premises and shall extend into desks, safes, briefcases, purses, trash receptacles,

electronic storage devices, and other storage locations within the premises in which items in Attachment B may be found.

4. The search of this location shall also authorize officers conducting the search to require the production of identification of any person reasonably believed by the

officers to have possession and control of the premises. Any and all persons within the premises shall be subject to a patdown safety search to ensure officer safety.

5. The search of this location, in the interest of public safety and common law enforcement practice, shall allow law enforcement officers to make any weapon on the property safe by removing the source of ammunition and ensuring that there are

no rounds of ammunition in the chamber.

Attachment A

ATTACHMENT A-2


The residence of Charles TUCKER located at 220 N Patton Avenue, Stockton, California 95215.

220 N Patton A venue, Stockton, California consists of a one-story residence with an attached one car garage. The residence, located on the east side ofN Patton Avenue, has blue-gray colored walls with the trim painted white. The number "220" is affixed to the mail box facing N Patton Avenue.


1. The persons of:

a. Charles TUCKER.

2. The search of this location shall also include all rooms, annexes, attics, basements, garages, carports, outside yard, curtilage, mailboxes, trash containers, debris boxes, storage lockers and areas, cabinets, sheds and outbuildings associated with the premises and shall extend into desks, safes, briefcases, purses, trash receptacles, electronic storage devices, and other storage locations within the premises in which items in Attachment B

may be found.

3. The search of this location shall also authorize officers conducting the search to require the production of identification of any person reasonably believed by the officers to have possession and control of the premises. Any and all persons within the premises shall be subject to a patdown safety search to ensure officer safety.

4. The search of this location, in the interest of public safety and common law enforcement practice, shall allow law enforcement officers to make any weapon on the property safe

Attachment A

by removing the source of ammunition and ensuring that there are no rounds of ammunition in the chamber.

Attachment A

ATTACHMENT A-3


The residence of Ionel PAS CAN located at 2825 Donner Trail Court, Riverbank, California 95367.

2825 Donner Trail Court, Riverbank, California consists of a two-story residence with an

attached two car garage. A wrought-iron fence protects the front main entrance. The residence,

located on the north side of Donner Trail Court, has red-sand colored walls with the trim painted

tan. The number "2825" is affixed to the wall by the garage door facing Donner Trail Court. A

wooden fence surrounds the rear of the premises with the entrance on the west side of the

residence.


1. The person of:

a. Ionel PASCAN.

2. The search of this location shall also include all rooms, annexes, attics, basements, garages, carports, outside yard, curtilage, mailboxes, trash containers, debris boxes,

storage lockers and areas, cabinets, sheds and outbuildings associated with the premises and shall extend into desks, safes, briefcases, purses, trash receptacles, electronic storage

Attachment A

devices, and other storage locations within the premises in which items in Attachment B may be found.


4. The search ofthis location, in the interest of public safety and common law enforcement practice, shall allow law enforcement officers to make any weapon on the property safe by removing the source of ammunition and ensuring that there are no rounds of

ammunition in the chamber.

Attachment A

ATTACHMENT A-4


The residence of David BENNETT located at 124 S Tulsa Avenue, Stockton, California 95215.

124 S Tulsa A venue, Stockton, California consists of a one-story residence. The residence,

located on the east side of S Tulsa A venue, has blue-gray colored walls with the trim painted

white. A wooden fence surrounds the rear of the premises with a large opening on the north side

of the residence. Further to the rear of the premises is a double-wide single-story mobile home with blue colored walls and white painted trim. The windows of the mobile home are secured with wrought-iron security bars.


1. The person of:

a. David BENNET.

Attachment A

2. The search of this location shall also include all rooms, annexes, attics, basements, garages, carports, outside yard, curtilage, mobile trailers, mailboxes, trash containers, debris boxes, storage lockers and areas, cabinets, sheds and outbuildings associated with the premises and shall extend into desks, safes, briefcases, purses, trash receptacles, electronic storage devices, and other storage locations within the premises in which items

in Attachment B may be found .

3. The search of this location shall also authorize officers conducting the search to require the production of identification of any person reasonably believed by the officers to have possession and control of the premises. Any and all persons within the premises shall be

subject to a patdown safety search to ensure officer safety.

4. The search ofthis location, in the interest of public safety and common law enforcement practice, shall allow law enforcement officers to make any weapon on the property .safe by removing the source of ammunition and ensuring that there are no rounds of


Attachment A

ATTACHMENT A-5


The residence of Keith WHITE located at 301 Brunswick Drive, Vallejo, California 94591.

301 Brunswick Drive, Vallejo, California consists of a one-story residence with an attached two car garage, located on the east side of Brunswick Drive. The building is painted tan and the number "301" is affixed to the wall by the garage door facing Brunswick Drive.


1. The person of:

a. Keith WHITE.

2. The search of this location shall also include all rooms, annexes, attics, basements,

garages, carports, outside yard, curtilage, mailboxes, trash containers, debris boxes, storage lockers and areas, cabinets, sheds and outbuildings associated with the premises and shall extend into desks, safes, briefcases, purses, trash receptacles, electronic storage devices, and other storage locations within the premises in which items in Attachment B may be found.


Attachment A

4. The search of this location, in the interest of public safety and common law enforcement practice, shall allow law enforcement officers to make any weapon on the property safe by removing the source of ammunition and ensuring that there are no rounds of ammunition in the chamber.

Attachment A

ATTACHMENT B

List of Items to be Seized

The following items constitute evidence, fruits , proceeds, and instrumentalities of violations of 18 U.S.C. § 922(a)(1)(A) (unlawful dealing in firearms); 26 U.S.C. § 5861(f) (unlawful manufacturing of a firearm) ; 26 U.S.C. § 5861(i) (possession of an unserialized firearm); and 18

U.S.C. § 371 (conspiracy to commit the foregoing offenses).

1. Any firearm that does not have a lawful manufacturer stamp and serial number, any firearm or ammunition not legally possessed under 18 U.S.C. § 922(g) (e.g. the possessor is an illegal immigrant or felon), any unregistered firearm (where registration is required by Title 26 of the United States Code), and blanks of any kind (including AR-15 blanks).

2. Any items pertaining to the possession, manufacture, or distribution of illegal firearms, including but not limited to, lower receivers, upper receivers, grips, stocks, magazines, trigger assemblies, and barrels for AR-15-style firearms.

3. Any tools and/or equipment associated with the manufacture of firearms, including but not limited to drills, drill presses, lathes, welding equipment, jigs, hack saws, power saws, templates, diagrams, instruction manuals, pamphlets, or other tutorial material regarding the manufacture of firearms.

4. Photographs developed and undeveloped and/or videotapes or DVDs/CDs of firearms, firearm transactions, firearm parts, large sums of money and/or co-conspirators and paperwork showing the purchase, storage, disposition, or dominion and control over any firearms, firearm parts, ammunition, or any of the items described in Attachment B.

5. Records relating to the acquisition and distribution and repair of firearms, firearms parts, tools and/or equipment associated with the manufacture of machineguns, short barreled rifles and/or other firearms, including but not limited to ATF Forms 4473, California Dealer Of Record Sale (DROS) records, books, receipts, invoices, notes, ledgers, and pay/owe sheets.

6. Personal telephone books, telephone records, telephone bills, address books, correspondence, notes, and papers containing names and/or telephone numbers that tends to establish communication between co-conspirators.

7. Digital evidence of items described in Attachment B, including items listed in Attachment C.

8. Evidence and records relating to the accumulation of proceeds derived from illegal firearms trafficking and manufacturing.

Attachment B

9. United States currency in excess of $2,000, including any and all financial records to facilitate the investigation of the laundering of illicitly obtained monies and/or other forms of assets, including United States currency acquired through the sales, trafficking, or manufacturing of illegal firearms.

10. Rental or lease agreements for storage units, safety deposit boxes, other storage locations, keys, combinations, and/or access codes for them.

11. Indicia of occupancy, residency, and/or ownership of the items noted above and of the premises, including but not limited to, papers, correspondence, canceled envelopes, canceled postcards, bills, and registration documents.

12. Any safes, locked cabinets, and/or o~her secured containers and/or devices at the locations and in/on vehicles identified in Attachments A-1 - A-5 . Law enforcement shall be permitted to open such locked containers by force or through the use of a locksmith if necessary.

13. Permission to answer, record, monitor, note, and converse with callers who appear to be calling in regards to firearms trafficking on any telephone or cellular phone within the locations set forth in Attachment A-1 - A-5 without revealing the officer' s true identities.

14. Any vehicles and mobile conveyances used and/or associated with unlawful trafficking and manufacturing of firearms, including transporting of any such firearms, firearm parts, or blanks.

15. Any computer numerical control ("CNC")1 machines and/or parts/tools associated with the use and/or association of the manufacturing and/or modifying of firearms, firearm parts, AR-15 blanks (and firearm blanks of any kind) machineguns and/or machinegun parts including but not limited to templates, cutting programs, diagrams, instruction manuals, pamphlets, or other tutorial material regarding the manufacture of firearms.

16. The contents of any surveillance camera or surveillance system used at any of the locations identified in Attachments A-1- A-5.

1 A machine utilizing a type of programmable automation, directed by mathematical data, which uses microcomputers to carry out various machining operations.

Attachment B

ATTACHMENT C

Computer and Electronic Evidence Protocol

Based upon the facts and circumstances described above, there is probable cause to believe that evidence of the criminal violations previously described are maintained on computers, cellular

telephones, digital devices, and electronic storage media as described in this attachment at the locations described with particularity in Attachment A-1- A-5.

This Affidavit seeks permission to search for and seize evidence of the crimes described above stored on computers and electronic/digital devices (collectively "digital devices"), as well as any digital devices that constitute fruits and instrumentalities of the crimes. In preparing this

Affidavit, I have consulted with experienced law enforcement agents who have received extensive training in the forensic examination of computers and digital devices. These agents related some of the technical information detailed below.

1. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that data in digital form can be stored on a variety of systems, and storage devices, or media including hard disk drives, floppy disks, compact disks, magnetic tapes, flash drives, and

memory chips. Some of these devices can be smaller than a thumbnail and can take several forms, including thumb drives, secure digital media used in phones and cameras, personal music devices, and similar items.

2. Based upon my training and experience, and the investigation to date, I believe that computers, digital devices, and digital records and evidence will be found at locations identified in Attachment A-1 through A-5 .

3. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that computers and digital devices are often used to store information, very much the same way paper, ledgers, files and file cabinets are used to store information. I know that it is common today for individuals and businesses to utilize computers to conduct their legal and/or illegal business and to store information related thereto. I know based on my training and experience, including prior investigations specifically related to the trafficking of firearms, that subjects who are engaged in this illegal activity commonly store information related to their activities on computers and digital devices.

Attachment C

REMOVAL OF DATA STORAGE DEVICES FOR REVIEW IN A LABORATORY SETTING MAY BE REQUIRED

4. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that a forensic image is an exact physical copy of a data storage device. A forensic image captures all data on the subject media without viewing or changing the data in any way.

Absent unusual circumstances, it is essential that a forensic image be obtained prior to conducting any search of data for information subject to seizure pursuant to the warrant. I also know that during the search of the premises it is not always possible to create a forensic image of or search digital devices or media for data. I also know that it is frequently necessary to remove digital devices or media for later laboratory evaluation off-site under controlled circumstances. This is true for a number of reasons, including the following:

a. Searching digital devices can be a highly technical process that requires specific expertise and specialized equipment. Because there are so many different types of digital devices and software in use today, it is difficult to anticipate all of the necessary technical manuals, specialized equipment, and specific expertise necessary to conduct a thorough search of the media to ensure that the data will be preserved and evaluated in a useful manner.

b. Searching digital devices can require the use of precise, scientific procedures designed to maintain the integrity of the evidence. The recovery of such data may

require the use of special software and procedures, such as those used in a law enforcement laboratory.

c. The volume of data stored on many digital devices is typically so large that it will be highly impractical to search for data during the execution of the physical search of the premises. Storage devices capable of storing five hundred gigabytes of data are now commonplace in desktop computers. It can take several hours, or even days, to image a single hard drive. The larger the drive, the longer it takes. Depending upon the number and size of the devices, the length of time that agents must remain onsite to image and examine digital devices can become impractical.

d. Because digital data may be vulnerable to inadvertent modification or destruction, a controlled environment, such as a law enforcement laboratory, may be essential to conduct a complete and accurate analysis of the digital devices from which the data will be extracted. Software used in a laboratory setting can often reveal the true nature of data. Moreover, a computer forensic reviewer needs a substantial

Attachment C

amount of time to extract and sort through data that is concealed or encrypted to determine whether it is evidence, contraband, or an instrumentality of a crime.

e. Analyzing the contents of a computer or other electronic storage device, even without significant technical difficulties, can be very challenging, and a variety of search and analytical methods must be used. For example, searching by

keywords, which is a limited text based search, often yields thousands of hits, each of which must be reviewed in its context by the examiner to determine whether the data is within the scope of the warrant. Merely finding a relevant hit does not end the review process. The computer may have stored information about the data at issue which may not be searchable text, such as: who created it; when and how it was created, downloaded, or copied; when it was last accessed; when it was last modified; when it was last printed; and when it was deleted. The relevance of this kind of data is often contextual. Furthermore, many common email, database, and spreadsheet applications do not store data as searchable text, thereby necessitating additional search procedures. To determine who created, modified, copied, downloaded, transferred, communicated about, deleted, or printed data requires a search of events that occurred on the computer in the time periods surrounding activity regarding the relevant data. Information about which users logged in, whether users shared passwords, whether a computer was connected to other computers or networks, and whether the users accessed or used other programs or services in the relevant time period, can help determine who was sitting at the keyboard.

f. Searching digital devices can require the use of precise, scientific procedures designed to recover latent data. The recovery of such data may require the use of special software and procedures. Data that represents electronic files or remnants of such files can be recovered months or even years after it has been downloaded onto a hard drive, deleted, or viewed via the Internet. Even when such files have been deleted, data can be recovered months or years later using readily available forensic tools. Normally, when a person deletes a file on a computer, the data contained in the file does not actually disappear; rather, that data remains on the hard drive until it is overwritten by new data. Therefore, deleted files , or remnants of deleted files , may reside in space on the hard drive or other storage media that is not allocated to an active file . In addition, a computer's operating system may keep a record of deleted data in a swap or recovery file or in a program specifically designed to restore the computer' s settings in the event of a system failure.

Attachment C

5. This warrant also seeks authority to seize contextual data (or metadata), that is, evidence of how a digital device has been used, what it has been used for and who has used it. It can be very important in criminal cases to seek "attribution" data so that an event or communication can be associated with a person. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, this authority is sought for a number of reasons:

a. In some instances, the computer "writes" to storage media without the specific knowledge or permission of the user. Generally, data or files that have been received via the Internet are automatically downloaded into a temporary Internet directory or cache. The browser typically maintains a fixed amount of hard drive

space devoted to such data or files , and the files are only overwritten as they are replaced with more recently viewed Internet pages. Thus, the ability to retrieve artifacts of electronic activity from a hard drive depends less on when the file was downloaded or viewed than on a particular user' s operating system, storage capacity, and computer usage. Logs of access to websites, file management/transfer programs, firewall permissions, and other data assist the examiner and investigators in creating a "picture" of what the computer was doing and how it was being used during the relevant time in question. Given the interrelationships of the data to various parts of the computer' s operation, this information cannot be easily segregated.

b. Digital data on the hard drive that is not currently associated with any file may reveal evidence of a file that was once on the hard drive but has since been deleted or edited, or it could reveal a deleted portion of a file (such as a paragraph that has been deleted from a word processing file). Virtual memory paging systems can leave digital data on the hard drive that show what tasks and processes on the computer were recently used. Web browsers, email programs, and chat programs store configuration data on the hard drive that can reveal information such as online nicknames and passwords. Operating systems can record additional data, such as the attachment of peripherals, the attachment of USB flash storage devices, and times the computer was in use. Computer file

systems can record data about the dates files were created and the sequence in which they were created. This data can be evidence of a crime, can indicate the identity of the user of the digital device, or can point toward the existence of evidence in other locations (or on other devices).

c. Further, evidence of how a digital device has been used, what it has been used for, and who has used it, may be learned from the absence of particular data on a digital device. Specifically, the lack of computer security software, virus

Attachment C

protection, malicious software, evidence of remote control by another computer system, or other programs and/or software that may assist in identifying the user indirectly and may provide evidence excluding other causes for the presence or

absence of the items sought by this application. Additionally, since computer drives may store artifacts from the installation of software that is no longer active,

evidence of the historical presence of the kind of software and data described may

have special significance in establishing time lines of usage, confirming the

identification of certain users, establishing a point of reference for usage and, in

some cases, assisting in the identification of certain users. This data can be evidence of a crime, can indicate the identity of the user of the digital device, or can point toward the existence of evidence in other locations. Evidence of the

absence of particular data on the drive is not generally capable of being segregated from the rest of the data on the drive.

SEARCH PROCEDURE

6. In searching for data capable of being read, stored, or interpreted by a computer, cellular telephone, digital device, or storage media, law enforcement personnel executing the search warrant will employ the following procedure:

a. On-site search, if practicable. Law enforcement officers trained in computer forensics (hereafter, "computer personnel"), if present, may be able to determine

if digital devices can be searched on-site in a reasonable amount of time and without jeopardizing the ability to preserve data on the devices and conduct such

a search if deemed practicable. Any device searched on-site will be seized if it

contains any data falling within the list of items to be seized as set forth in the warrant and in Attachments B and C.

b. Seizure of digital devices for off-site imaging and search. If no computer

personnel are present at the execution of the search warrant, or if they determine that a digital device cannot be searched or imaged on-site in a reasonable amount of time and without jeopardizing the ability to preserve data, the digital device

will be seized and transported to an appropriate law enforcement laboratory for rev1ew.

c. Law enforcement personnel (potentially including, but not necessarily limited to, computer personnel) will examine the digital device to determine if it contains any data that falls within the list of items to be seized as set forth in the warrant and in Attachment B and C.

Attachment C

d. Law enforcement personnel will use procedures designed to identify items to be seized under the warrant. These procedures may include, without limitation, the use of a "hash value" library to exclude normal operating system files that do not need to be searched. In addition, law enforcement personnel may search for and attempt to recover deleted, hidden, or encrypted data to determine whether the data falls within the list of items to be seized under the warrant.

· e. If the original digital device was seized, law enforcement personnel will perform an initial search of the original digital device within a reasonable amount of time not to exceed one hundred twenty days from the date of execution of the warrant. If, after conducting the initial search, law enforcement personnel determine that an original digital device contains any data falling within the list of items to be

seized pursuant to this warrant, the government will retain the original digital device to, among other things, litigate the admissibility/authenticity of the seized items at trial, ensure the integrity of the copies, ensure the adequacy of chain of custody, and resolve any issues that potentially might be raised regarding changed conditions of the evidence. If the government needs additional time to determine whether an original digital device contains any data falling within the list of items to be seized pursuant to this warrant, it may seek an extension of the time period from the Court within the original one hundred twenty day period from the date of execution of the warrant. Once it is determined that the device contains evidence of the above-note federal offenses, law enforcement may view and handle the device as law enforcement would any other seized piece of evidence.

f. If an original digital device does not contain any data falling within the list of items to be seized pursuant to this warrant, the government will return that original digital device to its owner within a reasonable period of time if it can be lawfully possessed; seal any image previously made of the device; and not review the sealed image absent further authorization from the Court.

g. LCG AR Parts and Accessories, C&G Tool Inc. , DW Machine Inc., Raptor Magazines & AR-15 Supplies, and Rendezvous Primitive Arms are functioning

companies that appear to conduct some legitimate business. The seizure of the company's computers may limit the company' s ability to conduct its legitimate business. As with any search warrant, I expect that this warrant will be executed reasonably. Reasonable execution will likely involve conducting an investigation on the scene of what computers, or storage media, must be seized or copied, and what computers or storage media need not be seized or copied. Where appropriate, officers will copy data, rather than physically seize computers, to reduce the extent of disruption. If employees of the company so request, the

Attachment C

agents will, to the extent practicable, attempt to provide the employees with copies of data that may be necessary or important to the continuing function of the company's legitimate business. If, after inspecting the computers, it is determined that some or all of this equipment is no longer necessary to retrieve and preserve the evidence, the United States will return it.

DATA TO BE SEIZED

7. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that, in order to search for data that is capable of being read or interpreted by a computer, cellular telephone, digital device, or storage media, law enforcement personnel will need to seize, image, copy, and/or search the following items, subject to the procedures set forth herein:

a. Any computer equipment, cellular telephone, digital device, or storage media that are capable of being used to commit or further the crimes outlined above, or to create, access, or store evidence, contraband, fruits , or instrumentalities of such crimes, as set forth in Attachments B and C.

b. Any computer equipment, cellular telephone, digital device, or storage media used to facilitate the transmission, creation, display, encoding, or storage of data, including word processing equipment, modems, docking stations, monitors, printers, plotters, encryption devices, and optical scanners that are capable of being used to commit or further the crimes outlined above, or to create, access, process, or store evidence, contraband, fruits , or instrumentalities of such crimes, as set forth in Attachments B and C.

c. Any magnetic, electronic, or optical storage device capable of storing data, such as floppy disks, hard disks, tapes, CD-ROMs, CD-Rs, CD-RWs, DVDs, optical disks, printer or memory buffers, smart cards, PC cards, memory calculators, electronic dialers, electronic notebooks, personal digital assistants, and cell phones capable of being used to commit or further the crimes outlined above, or to create, access, or store evidence, contraband, fruits , or instrumentalities of such crimes, as set forth in Attachments B and C.

d. Any documentation, operating logs, and reference manuals regarding the operation of the computer equipment, mobile cellular telephone, digital device, or storage media or software.

Attachment C

e. Any applications, utility programs, compilers, interpreters, and other software used to facilitate direct or indirect communication with the computer hardware, mobile cellular telephone, digital device, or storage media, or data to be searched.

f. Any physical keys, encryption devices, dongles, or similar physical items which

are necessary to gain access to the computer equipment, mobile cellular telephone, digital device, storage media, or data.

g. Any passwords, password files , test keys, encryption codes, or other information necessary to access the computer equipment, mobile cellular telephone, digital device, storage media, or data to be searched.

h. All records, documents, programs, applications, or materials created, modified, or

stored in any form, including in digital form, on any computer or digital device, that show the actual user of the computers or digital devices during any time period in which the device was used to commit the crimes referenced above, including the web browser' s history; temporary Internet files; cookies, bookmarked, or favorite web pages; email addresses used from the computer; MAC IDs and/or Internet Protocol addresses used by the computer; email, instant

messages, and other electronic communications; address books; contact lists; records of social networking and online service usage; and software that would allow others to control the digital device such as viruses, Trojan horses, and other forms of malicious software (or alternatively, the lack of software that would allow others to control the digital device).

1. All records, documents, programs, applications, or materials created, modified, or stored in any form, including in digital form, on any computer or digital device,

that show evidence of counter-forensic programs (and associated data) that are designed to eliminate data from the computer or digital device.

J. All records, documents, programs, applications, or materials created, modified, or stored in any form, including in digital form, on any computer or digital device, that show contextual information necessary to understand the evidence, contraband, fruits , or instrumentalities described in this attachment.

RETENTION OF IMAGE

8. The United States will retain a forensic image of each digital storage device subjected to analysis for a number of reasons, including proving the authenticity of evidence to be used at trial; responding to any potential questions regarding the corruption of data;

Attachment C

establishing the chain of custody of data; refuting any potential claims of fabrication, tampering, or destruction with/of data; and addressing potential exculpatory evidence

claims where, for example, a defendant claims that the United States avoided its

obligations by destroying data or returning it to a third party.

Attachment C

ATTACHMENT A-1


The residence of Joseph LATU located at 9166 Aegina Court, Elk Grove, California 95822.

9166 Aegina Court, Elk Grove, California consists of a two-story residence with an attached three car garage. The residence, located on the west side of Aegina Court, has gray colored walls with the trim painted white. The number "9166" is affixed to the wall by the garage door facing Aegina Court. A wooden fence surrounds the rear of the premises with the entrance on the south side of the residence.


1. The persons of:

a. Joseph LA TU

2. Red 2004 Dodge Ram 1500 with California license plate 38407L1 , registered to Joseph LATU, 7400 Troon Way, Sacramento, California.

3. The search of this location shall also include all rooms, annexes, attics, basements, garages, carports, outside yard, curtilage, mailboxes, trash containers, debris boxes, storage lockers and areas, cabinets, sheds and outbuildings associated with the premises and shall extend into desks, safes, briefcases, purses, trash receptacles,

electronic storage devices, and other storage locations within the premises in which items in Attachment B may be found.


5. The search ofthis location, in the interest of public safety and common law enforcement practice, shall allow law enforcement officers to make any weapon on the property safe by removing the source of ammunition and ensuring that there are no rounds of ammunition in the chamber.

Attachment A

ATTACHMENT A-2


The residence of Charles TUCKER located at 220 N Patton Avenue, Stockton, California 95215.

220 N Patton A venue, Stockton, California consists of a one-story residence with an attached one car garage. The residence, located on the east side ofN Patton Avenue, has blue-gray colored walls with the trim painted white. The number "220" is affixed to the mail box facing N Patton Avenue.


1. The persons of:

a. Charles TUCKER.

2. The search of this location shall also include all rooms, annexes, attics, basements, garages, carports, outside yard, curtilage, mailboxes, trash containers, debris boxes, storage lockers and areas, cabinets, sheds and outbuildings associated with the premises and shall extend into desks, safes, briefcases, purses, trash receptacles, electronic storage devices, and other storage locations within the premises in which items in Attachment B

may be found.


4. The search ofthis location, in the interest of public safety and common law enforcement practice, shall allow law enforcement officers to make any weapon on the property safe

Attachment A

by removing the source of ammunition and ensuring that there are no rounds of


Attachment A

ATTACHMENT A-3


The residence of Ionel PAS CAN located at 2825 Donner Trail Court, Riverbank, California 95367.

2825 Donner Trail Court, Riverbank, California consists of a two-story residence with an

attached two car garage. A wrought-iron fence protects the front main entrance. The residence,

located on the north side of Donner Trail Court, has red-sand colored walls with the trim painted

tan. The number "2825" is affixed to the wall by the garage door facing Donner Trail Court. A

wooden fence surrounds the rear of the premises with the entrance on the west side of the

residence.


1. The person of:

a. Ionel PASCAN.

2. The search of this location shall also include all rooms, annexes, attics, basements, garages, carports, outside yard, curtilage, mailboxes, trash containers, debris boxes, storage lockers and areas, cabinets, sheds and outbuildings associated with the premises and shall extend into desks, safes, briefcases, purses, trash receptacles, electronic storage

Attachment A

devices, and other storage locations within the premises in which items in Attachment B may be found.


4. The search ofthis location, in the interest of public safety and common law enforcement practice, shall allow law enforcement officers to make any weapon on the property safe by removing the source of ammunition and ensuring that there are no rounds of


Attachment A

ATTACHMENT A-4


The residence of David BENNETT located at 124 S Tulsa Avenue, Stockton, California 95215.

124 S Tulsa A venue, Stockton, California consists of a one-story residence. The residence,

located on the east side of S Tulsa A venue, has blue-gray colored walls with the trim painted white. A wooden fence surrounds the rear of the premises with a large opening on the north side of the residence. Further to the rear of the premises is a double-wide single-story mobile home with blue colored walls and white painted trim. The windows of the mobile home are secured with wrought-iron security bars.


1. The person of:

a. David BENNET.

Attachment A

2. The search of this location shall also include all rooms, annexes, attics, basements, garages, carports, outside yard, curtilage, mobile trailers, mailboxes, trash containers, debris boxes, storage lockers and areas, cabinets, sheds and outbuildings associated with the premises and shall extend into desks, safes, briefcases, purses, trash receptacles, electronic storage devices, and other storage locations within the premises in which items in Attachment B may be found.



Attachment A

ATTACHMENT A-5


The residence of Keith WHITE located at 301 Brunswick Drive, Vallejo, California 94591.

301 Brunswick Drive, Vallejo, California consists of a one-story residence with an attached two car garage, located on the east side of Brunswick Drive. The building is painted tan and the number "30 1" is affixed to the wall by the garage door facing Brunswick Drive.


1. The person of:

a. Keith WHITE.

2. The search of this location shall also include all rooms, annexes, attics, basements,

garages, carports, outside yard, curtilage, mailboxes, trash containers, debris boxes, storage lockers and areas, cabinets, sheds and outbuildings associated with the premises and shall extend into desks, safes, briefcases, purses, trash receptacles, electronic storage devices, and other storage locations within the premises in which items in Attachment B may be found.


Attachment A


Attachment A

ATTACHMENT B

List of Items to be Seized

The following items constitute evidence, fruits , proceeds, and instrumentalities of violations of

18 U.S.C. § 922(a)(l)(A) (unlawful dealing in firearms); 26 U.S.C. § 5861(f) (unlawful

manufacturing of a firearm) ; 26 U.S.C. § 5861 (i) (possession of an unserialized firearm); and 18

U.S.C. § 371 (conspiracy to commit the foregoing offenses).

1. Any firearm that does not have a lawful manufacturer stamp and serial number, any firearm or ammunition not legally possessed under 18 U.S.C. § 922(g) (e.g. the possessor is an illegal immigrant or felon), any unregistered firearm (where registration is required by Title 26 ofthe United States Code), and blanks of any kind (including AR-15 blanks).

2. Any items pertaining to the possession, manufacture, or distribution of illegal firearms, including but not limited to, lower receivers, upper receivers, grips, stocks, magazines, trigger assemblies, and barrels for AR-15-style firearms.

3. Any tools and/or equipment associated with the manufacture of firearms, including but not limited to drills, drill presses, lathes, welding equipment, jigs, hack saws, power saws, templates, diagrams, instruction manuals, pamphlets, or other tutorial material regarding the manufacture of firearms.

4. Photographs developed and undeveloped and/or videotapes or DVDs/CDs of firearms, firearm transactions, firearm parts, large sums of money and/or co-conspirators and paperwork showing the purchase, storage, disposition, or dominion and control over any firearms, firearm parts, ammunition, or any of the items described in Attachment B.

5. Records relating to the acquisition and distribution and repair of firearms, firearms parts, tools and/or equipment associated with the manufacture of machineguns, short barreled rifles and/or other firearms, including but not limited to ATF Forms 4473 , California Dealer Of Record Sale (DROS) records, books, receipts, invoices, notes, ledgers, and pay/owe sheets.

6. Personal telephone books, telephone records, telephone bills, address books, correspondence, notes, and papers containing names and/or telephone numbers that tends to establish communication between co-conspirators.

7. Digital evidence of items described in Attachment B, including items listed in Attachment C.

8. Evidence and records relating to the accumulation of proceeds derived from illegal firearms trafficking and manufacturing.

Attachment B

9. United States currency in excess of $2,000, including any and all financial records to facilitate the investigation of the laundering of illicitly obtained monies and/or other forms of assets, including United States currency acquired through the sales, trafficking, or manufacturing of illegal firearms.

10. Rental or lease agreements for storage units, safety deposit boxes, other storage locations, keys, combinations, and/or access codes for them.

11 . Indicia of occupancy, residency, and/or ownership of the items noted above and of the premises, including but not limited to, papers, correspondence, canceled envelopes, canceled postcards, bills, and registration documents.

12. Any safes, locked cabinets, and/or other secured containers and/or devices at the locations and in/on vehicles identified in Attachments A-1 - A-5. Law enforcement shall be permitted to open such locked containers by force or through the use of a locksmith if necessary.

13. Permission to answer, record, monitor, note, and converse with callers who appear to be calling in regards to firearms trafficking on any telephone or cellular phone within the locations set forth in Attachment A-1 - A-5 without revealing the officer' s true identities.

14. Any vehicles and mobile conveyances used and/or associated with unlawful trafficking and manufacturing of firearms, including transporting of any such firearms, firearm parts, or blanks.

15. Any computer numerical control ("CNC")1 machines and/or parts/tools associated with the use and/or association of the manufacturing and/or modifying of firearms, firearm parts, AR-15 blanks (and firearm blanks of any kind) machineguns and/or machinegun parts including but not limited to templates, cutting programs, diagrams, instruction manuals, pamphlets, or other tutorial material regarding the manufacture of firearms.

16. The contents of any surveillance camera or surveillance system used at any of the locations identified in Attachments A-1- A-5.

1 A machine utilizing a type of programmable automation, directed by mathematical data, which uses microcomputers to carry out various machining operations.

Attachment B

ATTACHMENT C


Based upon the facts and circumstances described above, there is probable cause to believe that evidence of the criminal violations previously described are maintained on computers, cellular telephones, digital devices, and electronic storage media as described in this attachment at the locations described with particularity in Attachment A-1- A-5.

This Affidavit seeks permission to search for and seize evidence of the crimes described above stored on computers and electronic/digital devices (collectively "digital devices"), as well as any digital devices that constitute fruits and instrumentalities of the crimes. In preparing this

Affidavit, I have consulted with experienced law enforcement agents who have received extensive training in the forensic examination of computers and digital devices. These agents related some of the technical information detailed below.

1. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that data in digital form can be stored on a variety of systems, and storage devices, or media including hard disk drives, floppy disks, compact disks, magnetic tapes, flash drives, and memory chips. Some of these devices can be smaller than a thumbnail and can take several forms, including thumb drives, secure digital media used in phones and cameras, perso al music devices, and similar items.

2. Based upon my training and experience, and the investigation to date, I believe that

computers, digital devices, and digital records and evidence will be found at locations identified in Attachment A-1 through A-5.

3. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that computers and digital devices are often used to store information, very much the same way paper, ledgers, files and file cabinets are used to store information. I know that it is common today for individuals and businesses to utilize computers to conduct their legal

and/or illegal business and to store information related thereto. I know based on my training and experience, including prior investigations specifically related to the trafficking of firearms, that subjects who are engaged in this illegal activity commonly store information related to their activities on computers and digital devices.

Attachment C


4. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that

a forensic image is an exact physical copy of a data storage device. A forensic image captures all data on the subject media without viewing or changing the data in any way. Absent unusual circumstances, it is essential that a forensic image be obtained prior to conducting any search of data for information subject to seizure pursuant to the warrant. I also know that during the search of the premises it is not always possible to create a forensic image of or search digital devices or media for data. I also know that it is frequently necessary to remove digital devices or media for later laboratory evaluation off-site under controlled circumstances. This is true for a number of reasons, including

the following:

a. Searching digital devices can be a highly technical process that requires specific expertise and specialized equipment. Because there are so many different types of digital devices and software in use today, it is difficult to anticipate all of the necessary technical manuals, specialized equipment, and specific expertise

necessary to conduct a thorough search of the media to ensure that the data will be preserved and evaluated in a useful manner.

b. Searching digital devices can require the use of precise, scientific procedures designed to maintain the integrity of the evidence. The recovery of such data may require the use of special software and procedures, such as those used in a law

enforcement laboratory.

c. The volume of data stored on many digital devices is typically so large that it will

be highly impractical to search for data during the execution of the physical search of the premises. Storage devices capable of storing five hundred gigabytes of data are now commonplace in desktop computers. It can take several hours, or even days, to image a single hard drive. The larger the drive, the longer it takes.

Depending upon the number and size of the devices, the length of time that agents must remain onsite to image and examine digital devices can become impractical.


Attachment C

ATTACHMENT C


Based upon the facts and circumstances described above, there is probable cause to believe that evidence of the criminal violations previously described are maintained on computers, cellular telephones, digital devices, and electronic storage media as described in this attachment at the locations described with particularity in Attachment A-1 - A-5.

This Affidavit seeks permission to search for and seize evidence of the crimes described above stored on computers and electronic/digital devices (collectively "digital devices"), as well as any digital devices that constitute fruits and instrumentalities of the crimes. In preparing this Affidavit, I have consulted with experienced law enforcement agents who have received extensive training in the forensic examination of computers and digital devices. These agents related some of the technical information detailed below.

1. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that data in digital form can be stored on a variety of systems, and storage devices, or media including hard disk drives, floppy disks, compact disks, magnetic tapes, flash drives, and memory chips. Some of these devices can be smaller than a thumbnail and can take several forms, including thumb drives, secure digital media used in phones and cameras, personal music devices, and similar items.

2. Based upon my training and experience, and the investigation to date, I believe that computers, digital devices, and digital records and evidence will be found at locations identified in Attachment A-1 through A-5.

3. Based upon my training and experience, and information related to me by agents and

others involved in the forensic examination of computers and digital devices, I know that computers and digital devices are often used to store information, very much the same way paper, ledgers, files and file cabinets are used to store information. I know that it is common today for individuals and businesses to utilize computers to conduct their legal and/or illegal business and to store information related thereto. I know based on my training and experience, including prior investigations specifically related to the trafficking of firearms, that subjects who are engaged in this illegal activity commonly store information related to their activities on computers and digital devices.

Attachment C


4. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that a forensic image is an exact physical copy of a data storage device. A forensic image captures all data on the subject media without viewing or changing the data in any way. Absent unusual circumstances, it is essential that a forensic image be obtained prior to conducting any search of data for information subject to seizure pursuant to the warrant. I also know that during the search of the premises it is not always possible to create a forensic image of or search digital devices or media for data. I also know that it is frequently necessary to remove digital devices or media for later laboratory evaluation off-site under controlled circumstances. This is true for a number of reasons, including the following:

a. Searching digital devices can be a highly technical process that requires specific

expertise and specialized equipment. Because there are so many different types of digital devices and software in use today, it is difficult to anticipate all of the necessary technical manuals, specialized equipment, and specific expertise necessary to conduct a thorough search of the media to ensure that the data will be preserved and evaluated in a useful manner.

b. Searching digital devices can require the use of precise, scientific procedures designed to maintain the integrity of the evidence. The recovery of such data may

require the use of special software and procedures, such as those used in a law enforcement laboratory.

c. The volume of data stored on many digital devices is typically so large that it will be highly impractical to search for data during the execution of the physical search of the premises. Storage devices capable of storing five hundred gigabytes of data are now commonplace in desktop computers. It can take several hours, or even days, to image a single hard drive. The larger the drive, the longer it takes. Depending upon the number and size of the devices, the length oftime that agents must remain onsite to image and examine digital devices can become impractical.


Attachment C

amount of time to extract and sort through data that is concealed or encrypted to determine whether it is evidence, contraband, or an instrumentality of a crime.

e. Analyzing the contents of a computer or other electronic storage device, even without significant technical difficulties, can be very challenging, and a variety of search and analytical methods must be used. For example, searching by keywords, which is a limited text based search, often yields thousands of hits, each of which must be reviewed in its context by the examiner to determine whether the data is within the scope of the warrant. Merely finding a relevant hit does not end the review process. The computer may have stored information about the data at issue which may not be searchable text, such as: who created it; when and how it was created, downloaded, or copied; when it was last accessed; when it was last modified; when it was last printed; and when it was deleted. The relevance of this kind of data is often contextual. Furthermore, many common email, database, and spreadsheet applications do not store data as searchable text, thereby necessitating additional search procedures. To determine who created, modified, copied, downloaded, transferred, communicated about, deleted, or printed data requires a search of events that occurred on the computer -in the time periods surrounding activity regarding the relevant data. Information about which

users logged in, whether users shared passwords, whether a computer was connected to other computers or networks, and whether the users accessed or used other programs or services in the relevant time period, can help determine who was sitting at the keyboard.

f. Searching digital devices can require the use of precise, scientific procedures designed to recover latent data. The recovery of such data may require the use of special software and procedures. Data that represents electronic files or remnants of such files can be recovered months or even years after it has been downloaded onto a hard drive, deleted, or viewed via the Internet. Even when such files have been deleted, data can be recovered months or years later using readily available forensic tools. Normally, when a person deletes a file on a computer, the data contained in the file does not actually disappear; rather, that data remains on the hard drive until it is overwritten by new data. Therefore, deleted files , or remnants of deleted files , may reside in space on the hard drive or other storage media that is not allocated to an active file. In addition, a computer's operating system may keep a record of deleted data in a swap or recovery file or in a program specifically designed to restore the computer' s settings in the event of a system failure.

Attachment C

5. This warrant also seeks authority to seize contextual data (or metadata), that is, evidence of how a digital device has been used, what it has been used for and who has used it. It can be very important in criminal cases to seek "attribution" data so that an event or communication can be associated with a person. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, this authority is sought for a number of reasons:

a. In some instances, the computer "writes" to storage media without the specific knowledge or permission of the user. Generally, data or files that have been received via the Internet are automatically downloaded into a temporary Internet directory or cache. The browser typically maintains a fixed amount of hard drive space devoted to such data or files, and the files are only overwritten as they are replaced with more recently viewed Internet pages. Thus, the ability to retrieve artifacts of electronic activity from a hard drive depends less on when the file was downloaded or viewed than on a particular user' s operating system, storage capacity, and computer usage. Logs of access to websites, file management/transfer programs, firewall permissions, and other data assist the examiner and investigators in creating a "picture" of what the computer was doing and how it was being used during the relevant time in question. Given the

interrelationships of the data to various parts ofthe computer' s operation, this

information cannot be easily segregated.

b. Digital data on the hard drive that is not currently associated with any file may reveal evidence of a file that was once on the hard drive but has since been deleted or edited, or it could reveal a deleted portion of a file (such as a paragraph that has been deleted from a word processing file). Virtual memory paging systems can leave digital data on the hard drive that show what tasks and processes on the computer were recently used. Web browsers, email programs,

and chat programs store configuration data on the hard drive that can reveal information such as online nicknames and passwords. Operating systems can record additional data, such as the attachment of peripherals, the attachment of USB flash storage devices, and times the computer was in use. Computer file systems can record data about the dates files were created and the sequence in which they were created. This data can be evidence of a crime, can indicate the identity of the user of the digital device, or can point toward the existence of evidence in other locations (or on other devices).

c. Further, evidence of how a digital device has been used, what it has been used for, and who has used it, may be learned from the absence of particular data on a digital device. Specifically, the lack of computer security software, virus

Attachment C

protection, malicious software, evidence of remote control by another computer system, or other programs and/or software that may assist in identifying the user indirectly and may provide evidence excluding other causes for the presence or absence of the items sought by this application. Additionally, since computer drives may store artifacts from the installation of software that is no longer active, evidence of the historical presence of the kind of software and data described may have special significance in establishing timelines of usage, confirming the identification of certain users, establishing a point of reference for usage and, in some cases, assisting in the identification of certain users. This data can be evidence of a crime, can indicate the identity of the user of the digital device, or can point toward the existence of evidence in other locations. Evidence of the absence of particular data on the drive is not generally capable of being segregated from the rest of the data on the drive.

SEARCH PROCEDURE

6. In searching for data capable of being read, stored, or interpreted by a computer, cellular telephone, digital device, or storage media, law enforcement personnel executing the search warrant will employ the following procedure:

a. On-site search, if practicable. Law enforcement officers trained in computer forensics (hereafter, "computer personnel"), if present, may be able to determine if digital devices can be searched on-site in a reasonable amount of time and without jeopardizing the ability to preserve data on the devices and conduct such a search if deemed practicable. Any device searched on-site will be seized if it contains any data falling within the list of items to be seized as set forth in the warrant and in Attachments B and C.

b. Seizure of digital devices for off-site imaging and search. If no computer personnel are present at the execution of the search warrant, or if they determine that a digital device cannot be searched or imaged on-site in a reasonable amount of time and without jeopardizing the ability to preserve data, the digital device will be seized and transported to an appropriate law enforcement laboratory for review.

c. Law enforcement personnel (potentially including, but not necessarily limited to, computer personnel) will examine the digital device to determine if it contains any data that falls within the list of items to be seized as set forth in the warrant and in Attachment B and C.

Attachment C

d. Law enforcement personnel will use procedures designed to identify items to be seized under the warrant. These procedures may include, without limitation, the use of a "hash value" library to exclude normal operating system files that do not need to be searched. In addition, law enforcement personnel may search for and attempt to recover deleted, hidden, or encrypted data to determine whether the data falls within the list of items to be seized under the warrant.

e. If the original digital device was seized, law enforcement personnel will perform an initial search of the original digital device within a reasonable amount of time not to exceed one hundred twenty days from the date of execution of the warrant. If, after conducting the initial search, law enforcement personnel determine that an original digital device contains any data falling within the list of items to be seized pursuant to this warrant, the government will retain the original digital device to, among other things, litigate the admissibility/authenticity of the seized items at trial, ensure the integrity of the copies, ensure the adequacy of chain of custody, and resolve any issues that potentially might be raised regarding changed conditions of the evidence. If the government needs additional time to determine whether an original digital device contains any data falling within the list of items to be seized pursuant to this warrant, it may seek an extension of the time period from the Court within the original one hundred twenty day period from the date of execution of the warrant. Once it is determined that the device contains evidence of the above-note federal offenses, law enforcement may view and handle the device as law enforcement would any other seized piece of evidence.

f. If an original digital device does not contain any data falling within the list of items to be seized pursuant to this warrant, the government will return that original digital device to its owner within a reasonable period of time if it can be lawfully possessed; seal any image previously made of the device; and not review the sealed image absent further authorization from the Court.

g. LCG AR Parts and Accessories, C&G Tool Inc. , DW Machine Inc. , Raptor

Magazines & AR-15 Supplies, and Rendezvous Primitive Arms are functioning companies that appear to conduct some legitimate business. The seizure of the company's computers may limit the company's ability to conduct its legitimate business. As with any search warrant, I expect that this warrant will be executed reasonably. Reasonable execution will likely involve conducting an investigation on the scene of what computers, or storage media, must be seized or copied, and what computers or storage media need not be seized or copied. Where appropriate, officers will copy data, rather than physically seize computers, to reduce the extent of disruption. If employees of the company so request, the

Attachment C

agents will, to the extent practicable, attempt to provide the employees with copies of data that may be necessary or important to the continuing function of the company' s legitimate business. If, after inspecting the computers, it is determined that some or all of this equipment is no longer necessary to retrieve and preserve the evidence, the United States will return it.

DATA TO BE SEIZED

7. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that, in order to search for data that is capable of being read or interpreted by a computer, cellular telephone, digital device, or storage media, law enforcement personnel will need to seize, image, copy, and/or search the following items, subject to the procedures set forth herein:

a. Any computer equipment, cellular telephone, digital device, or storage media that are capable of being used to commit or further the crimes outlined above, or to create, access, or store evidence, contraband, fruits , or instrumentalities of such crimes, as set forth in Attachments B and C.

b. Any computer equipment, cellular telephone, digital device, or storage media used to facilitate the transmission, creation, display, encoding, or storage of data, including word processing equipment, modems, docking stations, monitors, printers, plotters, encryption devices, and optical scanners that are capable of being used to commit or further the crimes outlined above, or to create, access, process, or store evidence, contraband, fruits , or instrumentalities of such crimes, as set forth in Attachments B and C.

c. Any magnetic, electronic, or optical storage device capable of storing data, such as floppy disks, hard disks, tapes, CD-ROMs, CD-Rs, CD-RWs, DVDs, optical disks, printer or memory buffers, smart cards, PC cards, memory calculators, electronic dialers, electronic notebooks, personal digital assistants, and cell phones capable of being used to commit or further the crimes outlined above, or to create, access, or store evidence, contraband, fruits , or instrumentalities of such crimes, as set forth in Attachments B and C.

d. Any documentation, operating logs, and reference manuals regarding the operation of the computer equipment, mobile cellular telephone, digital device, or storage media or software.

Attachment C

e. Any applications, utility programs, compilers, interpreters, and other software used to facilitate direct or indirect communication with the computer hardware, mobile cellular telephone, digital device, or storage media, or data to be searched.

f. Any physical keys, encryption devices, dongles, or similar physical items which are necessary to gain access to the computer equipment, mobile cellular telephone, digital device, storage media, or data.

g. Any passwords, password files , test keys, encryption codes, or other information necessary to access the computer equipment, mobile cellular telephone, digital device, storage media, or data to be searched.

h. All records, documents, programs, applications, or materials created, modified, or stored in any form, including in digital form, on any computer or digital device, that show the actual user of the computers or digital devices during any time

period in which the device was used to commit the crimes referenced above, including the web browser's history; temporary Internet files ; cookies, bookmarked, or favorite web pages; email addresses used from the computer; MAC IDs and/or Internet Protocol addresses used by the computer; email, instant messages, and other electronic communications; address books; contact lists; records of social networking and online service usage; and software that would allow others to control the digital device such as viruses, Trojan horses, and other forms of malicious software (or alternatively, the lack of software that would allow others to control the digital device).

1. All records, documents, programs, applications, or materials created, modified, or stored in any form, including in digital form, on any computer or digital device, that show evidence of counter-forensic programs (and associated data) that are designed to eliminate data from the computer or digital device.

J. All records, documents, programs, applications, or materials created, modified, or stored in any form, including in digital form, on any computer or digital device, that show contextual information necessary to understand the evidence, contraband, fruits , or instrumentalities described in this attachment.

RETENTION OF IMAGE

8. The United States will retain a forensic image of each digital storage device subjected to analysis for a number of reasons, including proving the authenticity of evidence to be used at trial; responding to any potential questions regarding the corruption of data;

Attachment C

establishing the chain of custody of data; refuting any potential claims of fabrication, tampering, or destruction with/of data; and addressing potential exculpatory evidence

claims where, for example, a defendant claims that the United States avoided its

obligations by destroying data or returning it to a third party.

Attachment C

Case 2:15-cr-00209-JAM Document 36 Filed 10/15/15 Page 1 of 17

















Date post:	05-Dec-2015
Category:	Documents
Upload:	capital-public-radio
View:	433 times
Download:	5 times

United States v. Joseph Latu et al.

Documents