SHOT Show Shocker: FBI Nabs 22 Firearms Reps at SHOT Show
Culminating a 2.5-year investigation, on January 20th, FBI agents arrested 22 execs and sales employees at the 2010 SHOT Show, on allegations that the defendants, to secure lucrative arms contracts, had tried to bribe FBI agents posing as foreign officials. The FBI based its arrests on alleged violations of the 1977 Foreign Corrupt Practices Act (FCPA).
According to Outdoor Life: “Charged are people at companies in eight states and executives at companies in the United Kingdom and Israel. The defendants allegedly agreed to pay a 20 percent commission to a sales agent they believed represented the defense minister for an African country to win a multimillion-dollar deal to outfit the presidential guard. The sales agent was actually an undercover FBI agent, and no defense minister was involved at all.”
Over a two and a half year period, some 250 FBI agents were involved in the sting operation. Based on the length of the investigation, and the number of agents involved, this sting surely cost the taxpayers many millions of dollars, and also diverted manpower from much-needed investigations of suspected terrorists and big-time drug traffickers.
Can the Charges Stick?
At least one law professor thinks the Federal prosecutors may have great difficulty obtaining convictions. The reason is that object of the bribes was NOT a foreign official, but was instead an FBI agent. This may be similar to cases where store owners accused of selling alcohol to minors “beat the rap” because the “minors” were actually young-looking detectives well above the drinking age. Arguably, if there is no actual foreigner involved then there can not be an illegal bribe under the terms of the FCPA. However, there are some other crimes listed along with the alleged FCPA violations.
What Will Likely Happen?
We expect some of the less important defendants will plea bargain to stay out of jail. These “small fish” will be asked to turn States’ evidence to help the prosecution of the higher profile defendants, such as Smith & Wesson VP Amaro Goncalves. The big shots who were arrested will almost certainly mount a vigorous defense and appeal any convictions. The appeal process could go on for many years. Ultimately, the nation’s High Court might be asked to decide whether the FCPA can be violated when no actual foreign official was involved and the whole scheme was cooked up by American law enforcement.
Misguided Federal Priorities?
So far the mainstream media has missed the underlying question here — namely: “Why did the FBI, at the behest of the U.S. Dept. of Justice, commit millions of dollars and hundreds of thousands of man-hours to trick American arms salesmen, when their alleged ‘crime’ may not be an FCPA violation at all, and when there are other far more important priorities — such as real terrorists?” The Red Alerts blog declared: “When dealing with third world nations corruption is part of the price of doing business. Everyone knows that but the government wasted the time of at least 250 FBI agents while real Muslim terrorists were sneaking underwear filled with binary explosives on airplanes.”
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this comes under “agent provocateur” allowed under the Napoleonic code but considered ‘entrapment’ under the English system of law. i don’t understand why this is never reported to be brought up in trails. perhaps a lawyer would enlighten us.
attorney general’s office could use this as a basis for more gun control.
Of course they just had to do the “bust” at the Shot Show, almost like they were looking for the maximum public relations impact. The government players in charge appear to dislike gun shows or anything that resembles a gun show and what a better way to put a damper on such events than to storm the event with law enforcement agents to make multiple arrests (implying that the event itself is somehow a den for illegal activity). It is outrageous that the FBI used a legitimate and legal event like the Shot Show to do what it did. Did they really have to do that? I think not!
Robert Whitley
Last I checked, Yemen and Somalia were in Africa. It might be best to wait for all the details before rushing to judgement.
cruft — Sorry…this is not “entrapment” unless the FBI went to the conspirators and INITIATED or SUGGESTED the idea of planning or carrying out the illegal activity.
Federal law enforcement almost always chooses the highest publicity route………..always! They like to use terms like “dynamic entry” and “vigorisly enforce”. More will be revealed, these cases usually involve some reaching on the prosecutorial side. Almost invariably they will charge the people with an unbelievable number of offenses, sometimes thirty or more, and the plea bargaining begins. The poor saps, regardless of their culpability, will be swamped with a legal sunami. When they are basically forced to plead, the FBI will say I told you so.
If all they could get them on was “outfitting a presidential guard” of a foreign country that was a petty attempt to make someone look bad, its an epic fail on the governments fault. Nothing surprises me really though, why don’t we investigate congress while were at it, it would be the biggest fraud investigation in history.
Yemen is not in Africa. It’s on the Arabian Peninsula.
From what I’ve read of the case, the suspects were told that a percentage of the “commission” would be going to the defense minister. That’s a bright shining signal to turn around and walk away from the deal. Anytime there is any mention of paying a government official, it’s either a sting operation, or an attempt to solicit a bribe. I’m assuming the actual charges will be conspiracy to violate FCPA or something similar where using an undercover agent isn’t an issue.
If the FBI cannot persue crooked arms dealers in our country, who will?
Speaking against this FBI activity is like defending the Branch-Davidians, who can understand?
BK
The Homeland Security Act has given many powers to the FBI and others that were not possible before 9/11.
LEO has been doing buy bust for many years and this is just a new target. Our Attorney General is and has been openly opposed to private gun ownership. he loves making a splash in the press.
I just wish all US fireamrs manufactures would wake unify and refuse to sell to the federal, state and local governments for one year. No repairs no ammunition, and no firearms. It would be a real wake up call. To the Congress, and State legislatures.
The govermenr is in no positiion to begin manufacturing.
Nat Lambeth
amen to that brother i would love to see that happen ,then they would see who is in control ,besides it would be very hard to do anything with out their firearms .hollywood
Does anyone suggest there is no merit in any of these 22 arrests?
I suspect there is beyond reasonable doubt in some, if not many of the cases.
To believe otherwise, without further information, is tantamount to anarchy.
BK
Bruce,
You should read the article linked from the site. The author, Mike Koehler, is a law Professor and FCPA expert. He notes that: “A key element of an FCPA violation is the existence of a ‘foreign official.’
Whether a fictitious ‘foreign official’ (the first scenario) or a real, but non-participating ‘foreign official’ (the second scenario) the big question is: can offering to bribe or paying a bribe to such a [fictitious] ‘foreign official’ constitute a substantive FCPA violation?”
The intent of the FCPA is to “clean up” dealings with actual foreign governments. In this case no foreign government was involved at all.
Think of it this way, imagine you have a law that says it is a crime to deface “public property”. You arrest someone for putting grafitti on a statue but it turns out the statue is privately owned and located. There may still be a violation of some other law, but the basic requirements for a violation of the law at issue is not satisfied — if the property isn’t “public” the law doesn’t apply in the first place.
In the Sting situation, certainly the government might try to pursue conspiracy indictments, but again, if there is no actual foreign goverment official involved a real question exists as to whether the FCPA has ANY application here at all.
Koehler explains: “Thus, the key statutory language (as indicated in the US Attorneys Manual) requires that the payment or offer of payment influence or induce the ‘foreign official’ to do something.
It’s an open question whether one can or seek to influence or induce a fictitious ‘foreign official’ or a real, but non-participating ‘foreign official.'”
In other words, without a real foreigner, it can be argued there can be no crime AT ALL under the FCPA.
This is why I personally think the whole sting operation may unravel in the end. It appears that the DOJ was willing to expend huge resources on their wishful INTERPRETATION that giving a bribe to a fake foreigner would suffice. If an appellate court finds that the FCPA requires an interaction with a real foreigner, all bets are off, at least as to the FCPA charges. (Other charges have been filed against the 22 defendants as well.)
We don’t have a fraction of the corruption issues of foreign countries because we have chosen to regulate trade with laws of this nature. I’d hesitate to point any fingers without the bigger picture.
Again, Bruce, we have the Presumption of Innocence in American Law “ei incumbit probatio qui dicit, non qui negat”. It is natural, and noble, to assume the arrested are guiltless until it is PROVEN that they have committed an offensive act, and to call anyone who would question the actions of Federal agents an Anarchist is a failure to understand not only Anarchy, but Democratic Republicanism as well.
This smells of Eric Holder and how he tries to harass anyone associated with firearms and to use the press to show only villians own firearms. I can only imagine why Mueller went along with the deal, but bet that it was blessed by BHO.
The gun culture of this world has many enemies.Many gun culturalists would and have given their lives for others and country without question.The people and companies that pursue interest in firearms will need relentless efforts in filtering out the enemy from the good.A thought of possibility,is some of the people,right or wrong,was to aquire bussiness to help offset previous and current corrupt economy.Bottom line,we all know,there’s many enemies spending their lifetime to control the American citizen.May I say “GOD BLESS the GOOD PEOPLE.”
I can think of several defenses suitable for the Branch Davidians, Bruce. The first ten amendments to the constitution, for example.
your question or statement.
Everyone knows that but the government wasted the time of at least 250 FBI agents while real Muslim terrorists were sneaking underwear filled with binary explosives on airplanes
i would say that for one reason, the terrorists get their equipment from rich suits from SW. It sounds like that we American$ have a hand in our demise. [Edited]
Funny, Ripley. I don’t recall seeing any Smith & Wesson products in Iraq. I find it extremely odd that you would make such blatantly anti-gun and anti-free market statements on a webpage that is devoted to shooting and the firearms industry.
I’ve got all of my fingers, but I’m only pointing one in your general direction.
BK (Bruce) has the sound of one who gets his living from taxpayers. [Edited]