| Bureau of Alcohol, Tobacco, Firearms and Explosives | |
| Abbreviation | ATF |
| ATF Seal | |
| Badge of the Bureau of Alcohol, Tobacco, Firearms and Explosives. | |
| Agency overview | |
|---|---|
| Formed | July 1, 1972[1] |
| Preceding agency | Bureau of Alcohol, Tobacco, and Firearms |
| Employees | 4,559 (2006) |
| Annual budget | US$1.12 billion[2] |
| Legal personality | Governmental: Government agency |
| Jurisdictional structure | |
| Federal agency | United States |
| General nature |
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| Operational structure | |
| Headquarters | |
| Agency executives |
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| Parent agency | United States Department of Justice (http://www.atf.gov/) |
| Website | |
| atf.gov | |
The Bureau of Alcohol, Tobacco, Firearms and Explosives (abbreviated ATF) is a federal law enforcement organization within the United States Department of Justice.[3] Its responsibilities include the investigation and prevention of federal offenses involving the unlawful use, manufacture, and possession of firearms and explosives; acts of arson and bombings; and illegal trafficking of alcohol and tobacco products. The ATF also regulates via licensing the sale, possession, and transportation of firearms, ammunition, and explosives in interstate commerce. Many of ATF's activities are carried out in conjunction with task forces made up of state and local law enforcement officers, such as Project Safe Neighborhoods. ATF operates a unique fire research laboratory in Beltsville, Maryland, where full-scale mock-ups of criminal arsons can be reconstructed.
The agency is led by B. Todd Jones, Acting Director[4] and Thomas E. Brandon, Acting Deputy Director.[5] ATF has nearly 5,000 employees and an annual budget of $1.12 billion (2010).[2]
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The ATF was formerly part of the United States Department of the Treasury, having been formed in 1886 as the "Revenue Laboratory" within the Treasury Department's Bureau of Internal Revenue. The history of ATF can be subsequently traced to the time of the revenuers or "revenoors"[6] and the Bureau of Prohibition, which was formed as a unit of the Bureau of Internal Revenue in 1920, was made an independent agency within the Treasury Department in 1927, was transferred to the Justice Department in 1930, and became, briefly, a division of the FBI in 1933.
When the Volstead Act was repealed in December 1933, the Unit was transferred from the Department of Justice back to the Department of the Treasury where it became the Alcohol Tax Unit of the Bureau of Internal Revenue. Special Agent Eliot Ness and several members of The "Untouchables", who had worked for the Prohibition Bureau while the Volstead Act was still in force, were transferred to the ATU. In 1942, responsibility for enforcing federal firearms laws was given to the ATU.
In the early 1950s, the Bureau of Internal Revenue was renamed "Internal Revenue Service" (IRS),[7] and the ATU was given the additional responsibility of enforcing federal tobacco tax laws. At this time, the name of the ATU was changed to the Alcohol and Tobacco Tax Division (ATTD).
In 1968, with the passage of the Gun Control Act, the agency changed its name again, this time to the Alcohol, Tobacco, and Firearms Division of the IRS and first began to be referred to by the initials "ATF". In Title XI of the Organized Crime Control Act of 1970, Congress enacted the Explosives Control Act, 18 U.S.C.A. Chapter 40, which provided for close regulation of the explosives industry and designated certain arsons and bombings as federal crimes. The Secretary of the Treasury was made responsible for administering the regulatory aspects of the new law, and was given jurisdiction over criminal violations relating to the regulatory controls. These responsibilities were delegated to the ATF division of the IRS. The Secretary and the Attorney General were given concurrent jurisdiction over arson and bombing offenses. Pub.L. 91-452, 84 Stat. 922 October 15, 1970.
In 1972 ATF was established as a separate Bureau within the Treasury Department when Treasury Department Order 221, effective July 1, 1972 transferred the responsibilities of the ATF division of the IRS to the new Bureau of Alcohol, Tobacco, and Firearms. Rex D. Davis oversaw the transition, becoming the bureau's first director, having headed the division since 1970. During his tenure, Davis shepherded the organization into a new era where federal firearms and explosives laws addressing violent crime became the primary mission of the agency.[8] However, taxation and other alcohol issues remained priorities as ATF collected billions of dollars in alcohol and tobacco taxes, and undertook major revisions of the Federal wine labeling regulations relating to use of appellations of origin and varietal designations on wine labels.
In the wake of the terrorist attack on the World Trade Center on September 11, 2001, President George W. Bush signed into law the Homeland Security Act of 2002. In addition to the creation of the Department of Homeland Security, the law shifted ATF from the Department of the Treasury to the Department of Justice. The agency's name was changed to Bureau of Alcohol, Tobacco, Firearms, and Explosives. However, the agency still was referred to as the "ATF" for all purposes. Additionally, the task of collection of federal tax revenue derived from the production of tobacco and alcohol products and the regulatory function related to protecting the public in issues related to the production of alcohol, previously handled by the Bureau of Internal Revenue as well as by ATF, was transferred to the newly established Alcohol and Tobacco Tax and Trade Bureau (TTB), which remained within the Treasury Department. These changes took effect January 24, 2003.
ATF has been particularly successful over the past decade in directing and supporting operations that target violent and career felony offenders. In particular, through the Project Safe Neighborhoods government initiative ATF has demonstrated a tremendous impact on violent crime reduction both at the local level and from a national perspective. Since 2001, ATF Agents have recommended over 10,000 felons every year for federal prosecution for firearms possession just through the PSN framework. In PSN's first year, 2001-2002, over 7700 of these cases resulted in convictions with an average sentence of well over five years per defendant.[9] This number had jumped to well over 12,000 convictions in the last year numbers have been made available.[10] The annual FBI Uniform Crime Report (UCR) demonstrated that throughout the decade of 2001–2010, the reduction of violent crime offenses in United States Districts with dedicated Project Safe Neighborhood Agents and United States Attorney's far outperformed the national average.[10]
Generally, about 90% of the cases referred by ATF for prosecution each year are for firearms, violent crime, and narcotics offenses. With regards to DOJ agencies, ATF outperforms all other peer agencies with regards to effectiveness and efficiency. Through the first half of 2011, ATF (with fewer than 2,000 active Special Agents) had recommended 5,203 cases for prosecution.[11] This yields an average of 2.5 cases per agent recommended during a six month period, and an average of roughly 5.0 per year. For comparison, the FBI (with slightly more than 13,000 active Special Agents) had recommended 8,819 cases for prosecution,[12] for an average of .6 cases referred per agent over six months and about 1.2 cases referred per agent in a given year. ATF also leads all federal agencies in the average sentence of defendant/case they do refer.
ATF, as a bureau, consists of several different groups that each have their own respective role, commanded by a director. Special Agents are empowered to conduct criminal investigations, defend the United States against international and domestic terrorism, and work with state and local police officers to reduce violent crime on a national level. ATF Special Agents have some of the broadest authority of any federal agency; 18 U.S.C. § 3051 empowers them to enforce any statute in the United States Code. Specifically, ATF Special Agents have lead investigative authority on any federal crime committed with a firearm or explosive, as well as investigative authority over regulatory referrals and cigarette smuggling. ATF Special Agents also often enforce violations of the Uniform Controlled Substances Act, and have the statutory authority to conduct narcotics cases independently of the Drug Enforcement Administration, Immigration and Customs Enforcement, or any other agency. All ATF Special Agents require a Top Secret (TS) security clearance, and in many instances, need a higher level, TS/SCI (Top Secret/Sensitive Compartmented Information) clearance. In order to get a security clearance, all potential ATF Special Agents must pass a detailed series of Single Scope Background Investigations (SSBI). ATF Special Agents consistently rank at the top or near the top of all federal agencies in cases referred for prosecution, arrests made, and average time per defendant on an annual basis.[13] Special Agents currently comprise around 2,400 of the Agency's approximately 5,000 personnel.
ATF Investigators (formerly Regulatory Inspectors and not to be confused with Special Agents) are charged with regulating the gun and explosive industry. These men and women are not armed law enforcement officers but have administrative authority to search and conduct inspections, as well as to recommend revocation and/or non-renewal of Federal Firearms Licenses to licensees who are in violation of Federal firearms laws and regulations.
The remainder of the Bureau is personnel in various staff roles from office administrative assistants to intelligence analysts and electronic specialists. Additionally, ATF relies heavily on state and local task force officers to supplement the Special Agents and who are not officially part of the ATF roster.
ATF Special Agent hiring is fiercely competitive, comparable to the selection process of other Special Agent positions in sister agencies. Typically far less than 5% of qualified applicants- those possessing at minimum a four year bachelor degree and competitive work experience (which is usually four or more years at a local or state police department) are eventually hired. ATF's hiring process has a nondisclosure agreement so the specific details of the process are not completely revealed, however applicants must pass a rigorous background check in order to achieve, at minimum, a top secret clearance. In addition to the background check agents must pass written tests, multiple physical fitness tests, interviews and medical exams even to be considered to be selected for training.
ATF Special Agents must complete a 27 week training program at the Federal Law Enforcement Training Center in Glynco, Georgia. It is one of the longest training programs in the United States, far longer than any other training program of Justice Department Special Agents (FBI, DEA, USMS). This training program currently consists of a one week pre-Basic, the twelve week basic Criminal Investigator Training Program, and a fourteen week Special Agent Basic Training Course. Only then are Special Agents released to a field office to begin a three year probationary tour.
The ATF has several field offices across the nation in major cities. Those cities are: Atlanta, GA; Baltimore, MD; Boston, MA; Charlotte, NC; Chicago, IL; Columbus, OH; Dallas, TX; Denver, CO; Detroit, MI; Houston, TX; Kansas City, MO; Los Angeles, CA; Louisville, KY; Miami, FL; Nashville, TN; Newark, NJ; New Orleans, LA; New York, NY; Philadelphia, PA; Phoenix, AZ; San Francisco, CA; Seattle, WA; St. Paul, MN; Tampa, FL; Washington, D.C.. Also there are field offices in different countries such as Canada, Mexico, El Salvador, Colombia, Iraq, and in the Caribbean (all supervised by Miami).[14]
ATF is responsible for regulating firearm commerce in the United States. The Bureau issues Federal Firearms Licenses (FFL) to sellers, and conducts firearms licensee inspections. The Bureau is also involved in programs aimed at reducing gun violence in the United States, by targeting and arresting violent offenders who unlawfully possess firearms. ATF was also involved with the Youth Crime Gun Interdiction Initiative, which expanded tracing of firearms recovered by law enforcement, and the ongoing Comprehensive Crime Gun Tracing Initiative.[15] ATF also provides support to state and local investigators, through the National Integrated Ballistic Identification Network (NIBIN) program.
ATF's Comprehensive Crime Gun Tracing Initiative is the largest operation of its kind in the world. In FY07, ATF's National Tracing Center processed over 285,000 trace requests on guns for over 6,000 law enforcement agencies in 50 countries. ATF uses a Web-based system, known as eTrace, that provides law enforcement agencies with the capability to securely and electronically send trace requests, receive trace results, and conduct basic trace analysis in real time. Over 2,000 agencies and more than 17,000 individuals currently use eTrace, including over 33 foreign law enforcement agencies. Gun tracing provides information to Federal, State, local and foreign law enforcement agencies on the history of a firearm from the manufacturer (or importer), through the distribution chain, to the first retail purchaser. This information is used to link suspects to firearms in criminal investigations, identify potential traffickers, and detect in-state, interstate, and international patterns in the sources and types of crime guns.[16]
ATF provides investigative support to its partners through the National Integrated Ballistic Information Network (NIBIN), which allows Federal, State, and local law enforcement agencies to image and compare crime gun evidence. NIBIN currently has 203 sites. In FY07, NIBIN's 174 partner agencies imaged more than 183,000 bullets and casings into the database, resulting in over 5,200 matches that provided investigative leads.[16]
With the passage of the Organized Crime Control Act (OCCA) in 1970, ATF took over the regulation of explosives in the United States, as well as prosecution of persons engaged in criminal acts involving explosives. One of the most notable investigations successfully conducted by ATF agents was the tracing of the car used in the World Trade Center 1993 bombings, which led to the arrest of persons involved in the conspiracy.
ATF also enforces provisions of the Safe Explosives Act, passed after 9/11 to restrict the use/possession of explosives without a Federal license to use them. ATF is considered to be the leading federal agency in most bombings that occur within the U.S., with exception to bombings related to international terrorism (investigated by the FBI).
ATF currently trains the U.S. Military in evidence recovery procedures after a bombing. All ATF Agents are trained in post-blast investigation, however ATF maintains a cadre of approximately 150 highly trained explosive experts known as Certified Explosives Specialists (CES). ATF/CES Agents are trained as experts regarding Improvised Explosive Devices (IED's), as well as commercial explosives. ATF Agents work closely with State and Local Bomb Disposal Units within the United States.
2011, June. ATF Special Agent for 24 years, Vince Cefalu, who spoke out in December, 2010, exposing ATF's "Project Gunrunner" scandal, was served with termination papers. Rep. Darrell Issa, R-Calif., chairman of the House Committee on Oversight and Government Reform, two days before Cefalu's termination, sent a letter to the ATF warning officials not to retaliate against whistleblowers. Cefalu’s quick dismissal followed a string of allegations that ATF retaliates against whistleblowers. ATF spokesman Drew Wade denied that the bureau is retaliating, but declined to comment about Cefalu's case. [17] [18]
2011, January. William (Bill) Newell, Special Agent in charge of the Phoenix ATF Office was quoted by ABC News in May 2008 "When 90 percent-plus of the firearms recovered from these violent drug cartels are from a U.S. source (a false statement according to the Department of Justice Office of the Inspector General), we have a responsibility to do everything we can to stem the illegal flow of these firearms to these thugs."[19] Nevertheless, under Operations "Fast and Furious", "Too Hot to Handle", and "Wide Receiver", indictments filed in federal court show that the Phoenix ATF Office, over protests from the gun dealers and some ATF agents involved, and without notifying Mexican authorities, allowed and facilitated the sale of over 2,500 firearms (AK-47 rifles, FN 5.7mm pistols, AK-47 pistols, and .50 caliber rifles) to traffickers destined for Mexico.[20][21][22][23][24] Many of these same guns are being recovered from crime scenes in Arizona[25] and throughout Mexico,[26] which is artificially inflating ATF's eTrace statistics of U.S. origin guns seized in Mexico. One specific gun is alleged to be the weapon used by a Mexican national to murder Customs and Border Protection Agent Brian Terry on December 14, 2010. ATF and DOJ denied all allegations. After appearing at a Congressional Hearing, three supervisors of 'Fast and Furious' (William G. McMahon, William D. Newell and David Voth) were reported by the LA Times as being transferred and promoted by ATF.[27] ATF denied the transfers were promotions.[28]
2010, October. Nine-year veteran ATF Agent William Clark, was charged with second-degree murder and tried in a 2008 killing of his neighbor Marcus Sukow in the U.S. Virgin Islands. Clark previously intervened in arguments between the couple, but this time, Clark utilized deadly force on Sukow, shooting him once in the back and four times in the chest. Multiple eyewitnesses to the event stated that Clark only engaged Sukow after Sukow threatened his girlfriend and Clark with a fourteen inch metal flashlight, striking the vehicle and attempting to strike the occupants through the window.[29] Sukow had a long history of domestic violence and was found to have a blood alcohol content of over .29. Additionally the autopsy found that Sukow had morphine and several barbituates in his system at the time of the event -(http://www.cnn.com/2010/CRIME/10/25/virgin.islands.atf.agent.case/index.html?hpt=T1).
ATF investigators and Department of Justice Professional Responsibility Investigators found that Clark violated no criminal or administrative laws or policy guidelines in taking action in this event, and subsequently cleared Clark of all wrongdoing.[citation needed]A resolution was introduced in the United States Congress praising Clark for "exemplary service" and hailing him "a hero" for his actions http://www.fleoa.org/legislative/45-fleoa-calls-for-congress-to-support-rep-lees-resolution-72110.html. The Federal Law Enforcement Officers Association and National Police Defense Association passed resolutions or issued statements praising Clark for his actions http://blog.gfbcproductions.biz/2010/10/23/local-rally-supports-atf-agent-facing-murder-trial-in-caribbean/ http://www.npdf.org/ Attempts were made to quash the state case presented by the Court of the Virgin Islands by moving the case to the United States District Court of the Virgin Islands, a request which was denied by the Virgin Islands in violation of the Supremecy Clause of the United States Constitution. Subsequently, the United States government pulled all Special Agents for all Departments from the Islands and withheld millions of dollars in federal support.[30] Defense lawyers made a motion to dismiss the charges on a technicality that the proper procedure was not followed in identifying the body of the shooting victim. The judge dismissed the case with prejudice, meaning he cannot be tried again.[31] The original judge on the case, Brenda Hollar, voluntarily recused herself after the defense produced an anonymous allegation that an inappropriate ex parte conversation took place.[32]
2009, December. Russell Vander Werf, Director of Industry Operations (DIO) for Houston ATF (responsible for overseeing inspection of all federal gun and explosives licensees in the area), was arrested while in New Orleans, after damaging a hotel room in Metairie, LA. Damage consisted of disabling the fire alarm and replacing a bedroom door with a piece of plywood with a circular hole cut in the middle, wrapped in gray duct tape (known as a "glory hole)". The hotel manager had received a call reporting numerous young men entering and exiting the room and "sex noises" coming from the room. Vander Werf admitted that he put the plywood on the door and disabled the fire alarms. ATF confirmed Vander Werf was in the New Orleans area on official business.[29] It has been confirmed that on or about Valentine's Day, 2011, Russell Vander Werf was reassigned to ATF Headquarters in Washington.[30]
2008. Over a 59 month audit period (between 2002 and 2007), in a report dated September, 2008, the Department of Justice, Office of the Inspector General, determined that 76 firearms and 418 laptop computers were lost, stolen or missing from ATF.[31]
2006. ATF mismanagement and Misconduct by Carl J. Truscott, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. An investigation by the Office of the Inspector General (OIG), Oversight and Review Division, revealed that Carl J. Truscott, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), mismanaged government funds, committed travel abuse, engaged in improper hiring practices, and created a hostile work environment.[31] Truscott, who had been a Secret Service executive before being named ATF Director, was reported to OIG for investigation by an anonymous letter.[32]
2004–05, May 2004–August 2005. ATF Agents, in conjunction with Virginia State and local police, conducted an operation at some eight gun shows in Virginia. With special attention to female purchasers, many gun show attendees were stopped by agents as they returned home, then detained while being interrogated, and many had their purchases confiscated by ATF agents. The purchasers were compelled by an ATF letter to appear at ATF offices to explain and justify their purchases. ATF stated this was a "Pilot Program" that ATF was planning to apply throughout the country. In addition, in Pittsburgh, Pa., ATF agents showed up at gun show customers’ homes a week after a show, demanding to see the buyers’ guns or sale paperwork and arresting those who could not—or would not—comply.[33] [33] This ATF operation was the subject of a Congressional hearing where witnesses testified of harassment, intimidation and verbal abuse by ATF Agents, and ATF Agents actively dissuaded customers from purchasing firearms.[34]
Two incidents in the early 1990s involved both the ATF and Federal Bureau of Investigation's Hostage Rescue Team (HRT) and brought criticism to both ATF and FBI.
1990. The Ruby Ridge Siege began in June 1990. Randy Weaver was pressured by Kenneth Fadeley, an ATF informant, to shorten the barrels on two shotguns and sell these to Fadeley. Weaver maintained the barrels were a legal length, but after Fadeley took possession, the shotguns were later found to be shorter than allowed by federal law, requiring registration as a short-barreled shotgun and payment of a $200 tax. ATF filed firearms charges against Weaver, but offered to drop the charges if he would become an informant. After Weaver refused to cooperate, ATF passed on false information about Weaver to other agencies that became part of a misleading file that profiled Weaver as having explosive booby traps, tunnels and bunkers at his home; growing marijuana; having felony convictions; and being a bank robber.[35] (At his later trial, the gun charges were determined to be entrapment and Weaver was acquitted.) However, Weaver missed a February 20, 1991 court date because U.S. Probation Officer Richins mistakenly told Weaver that the trial date was March 20, and the US Marshals Service (USMS) was charged with bringing Weaver in. Weaver remained with his family in their mountain top cabin. On August 21, 1992 a USMS surveillance team was involved in a shootout that left US Marshal Bill Degan, Samuel Weaver (14), and his pet dog dead. FBI HRT laid siege to the cabin; the next day, Lon Horiuchi, an FBI HRT sniper, opened fire on the Weavers, killing Weaver's wife, Vicki, and wounding Weaver and a family friend. A subsequent Department of Justice review and a Congressional hearing raised several questions about the actions of ATF, USMS, USAO and FBI HRT and the mishandling of intelligence at the USMS and FBI headquarters.[36] The Ruby Ridge incident has become a lightning rod for legal activists within the gun rights community.
1993. The second incident was the Waco Siege of the Branch Davidian religious sect near Waco, Texas on February 28, 1993 when ATF agents, accompanied by the press, conducted a raid to execute a federal search warrant on the sect's compound, known as Mt. Carmel. The Branch Davidians were alerted to the upcoming warrant execution but ATF raid leaders pressed on, despite knowing the advantage of surprise was lost. (ATF Director Steve Higgins had promised Treasury Under-Secretary Ron Noble that the Waco raid would be canceled if the ATF undercover agent Robert Rodriguez reported that the element of surprise had been lost.) The resulting exchange of gunfire left six Davidians and four ATF agents dead. FBI HRT later took over the scene and a 51-day stand-off ensued, ending on April 19, 1993, after the complex caught fire, possibly as a result of the HRT's introduction of flammable tear gas into the compound. The followup investigation revealed the bodies of seventy-six people including twenty children inside the compound. Although a grand jury found that the deaths were suicides or otherwise caused by people inside the building, accusations of excessive force by law enforcement persist.[37] Shortly after the raid, the bureau's director, Stephen E. Higgins, retired early from his position.
Timothy McVeigh cited these incidents as his motivation for the Oklahoma City Bombing, which took place on April 19, 1995, exactly two years after the end of the Waco Siege.[38]
1994. Two ATF supervisory agents, Phillip J. Chojnacki and Charles D. Sarabyn, who were suspended for their roles in leading the botched raid and despite a Treasury Department report of gross negligence, were reinstated in December, 1994 with full back pay and benefits (with a demotion), and had the incident removed from their personnel files.[39]
Complaints regarding the techniques used by ATF in their effort to generate firearm cases led to hearings before Congressional committees in the late 1970s and 1980s. At these hearings evidence was received from citizens who had been charged by ATF, from experts who had studied ATF, and from officials of the Bureau itself. A Senate Subcommittee report stated that, based upon these hearings it is apparent that ATF enforcement tactics made possible by current federal firearms laws are constitutionally, legally, and practically reprehensible.[40]
The Subcommittee received evidence that ATF primarily devoted its firearms enforcement efforts to the apprehension, upon technical malum prohibitum charges, of individuals who lack all criminal intent and knowledge. Evidence received demonstrated that ATF agents tended to concentrate upon collector's items rather than "criminal street guns".[40]
Beginning in 1975, Bureau officials apparently reached a judgment that a dealer who sells to a legitimate purchaser may nonetheless be subject to prosecution or license revocation if he knows that that individual intends to transfer the firearm to a nonresident or other unqualified purchaser (Straw purchase). This position was never published in the Federal Register and is indeed contrary to indications which Bureau officials had given Congress, that such sales were not in violation of existing law. Rather than informing dealers of this distinction, ATF agents set out to produce mass arrests based on "Straw purchase" sale charges, sending out undercover agents to entice dealers into transfers of this type.[40]
In hearings before ATF's Appropriations Subcommittee, however, expert evidence was submitted establishing that approximately 75 percent of ATF gun prosecutions were aimed at ordinary citizens who had neither criminal intent nor knowledge, but were enticed by agents into unknowing technical violations.[40]
The Firearm Owners Protection Act of 1986 addressed some of the abuses noted in the 1982 Senate Judiciary Subcommittee report.
1973. Denver, Colorado. ATF Inspector Calvin D. Rahn and immediate supervisor Karl Terlau were indicted and convicted of theft of firearms from ATF custody. These guns were part of a questionable ATF seizure from an individual at a Denver area gunshow. Rahn and Terlau conspired in 1971 to take a quantity of the firearms for themselves. Terlau admitted he later sold a number of these to Lakewood Pawnbrokers in Lakewood, Colorado. Some of the guns were recognized by local collectors which led to the indictments. Court documents indicate the investigation was "far from extensive".[41]
A list of recent ATF directors:[42]
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