Monday, December 09, 2013

ATF uses rogue tactics in storefront stings across nation

By John Diedrich and Raquel Rutledge of the Journal Sentinel

    Aaron Key wasn't sure he wanted a tattoo on his neck. Especially one of a giant squid smoking a joint.     But the guys running Squid's Smoke Shop in Portland, Ore., convinced him: It would be a perfect way to promote their store.
    They would even pay him and a friend $150 apiece if they agreed to turn their bodies into walking billboards.
    Key, who is mentally disabled, was swayed.
    He and his friend, Marquis Glover, liked Squid's. It was their hangout. The 19-year-olds spent many afternoons there playing Xbox and chatting with the owner, "Squid," and the store clerks.
    So they took the money and got the ink etched on their necks, tentacles creeping down to their collarbones.
    It would be months before the young men learned the whole thing was a setup. The guys running Squid's were actually undercover ATF agents conducting a sting to get guns away from criminals and drugs off the street.
    The tattoos had been sponsored by the U.S. government; advertisements for a fake storefront.
    The teens found out as they were arrested and booked into jail.
    Earlier this year when the Milwaukee Journal Sentinel exposed a botched ATF sting in Milwaukee — that included agents hiring a brain-damaged man to promote an undercover storefront and then arresting him forhis work — ATF officials told Congress the failed Milwaukee operation was an isolated case of inadequate supervision.
    It wasn't.
    The Journal Sentinel reviewed thousands of pages of court records, police reports and other documents and interviewed dozens of people involved in six ATF operations nationwide that were publicly praised by the ATF in recent years for nabbing violent criminals and making cities safer.
    Agents with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives employed rogue tactics similar to those used in Milwaukee in every operation, from Portland, Ore., to Pensacola, Fla.
Among the findings:
■ ATF agents befriended mentally disabled people to drum up business and later arrested them in at least four cities in addition to Milwaukee. In Wichita, Kan., ATF agents referred to a man with a low IQ as "slow-headed" before deciding to secretly use him as a key cog in their sting. And agents in Albuquerque, N.M., gave a brain-damaged drug addict with little knowledge of weapons a "tutorial" on machine guns, hoping he could find them one.
■ Agents in several cities opened undercover gun- and drug-buying operations in safe zones near churches and schools, allowed juveniles to come in and play video games and teens to smoke marijuana, and provided alcohol to underage youths. In Portland, attorneys for three teens who were charged said a female agent dressed provocatively, flirted with the boys and encouraged them to bring drugs and weapons to the store to sell.
■ As they did in Milwaukee, agents in other cities offered sky-high prices for guns, leading suspects to buy firearms at stores and turn around and sell them to undercover agents for a quick profit. In other stings, agents ran fake pawnshops and readily bought stolen items, such as electronics and bikes — no questions asked — spurring burglaries and theft. In Atlanta, agents bought guns that had been stolen just hours earlier, several ripped off from police cars.
■ Agents damaged buildings they rented for their operations, tearing out walls and rewiring electricity — then stuck landlords with the repair bills. A property owner in Portland said agents removed a parking lot spotlight,damaging her new $30,000 roof and causing leaks, before they shut down the operation and disappeared without a way for her to contact them.
■ Agents pressed suspects for specific firearms that could fetch tougher penalties in court. They allowed felons to walk out of the stores armed with guns. In Wichita, agents suggested a felon take a shotgun, saw it off and bring it back — and provided instructions on how to do it. The sawed-off gun allowed them to charge the man with a more serious crime.
■ In Pensacola, the ATF hired a felon to run its pawnshop. The move widened the pool of potential targets, boosting arrest numbers.Even those trying to sell guns legally could be charged if they knowingly sold to a felon. The ATF's pawnshop partner was later convicted of pointing a loaded gun at someone outside a bar. Instead of a stiff sentence typically handed down to repeat offenders in federal court, he got six months in jail — and a pat on the back from the prosecutor.
"To say this is just a few people, a few bad apples, I don't buy it," said David Harris, a professor at the University of Pittsburgh School of Law and an expert on law enforcement tactics and regulation. "If your agency is in good shape with policy, training, supervision and accountability, the bad apples will not be able to take things to this level."

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