{"id":1860,"date":"2014-03-23T18:08:36","date_gmt":"2014-03-24T01:08:36","guid":{"rendered":"https:\/\/cjnotebook.com\/?p=1860"},"modified":"2014-03-24T14:46:40","modified_gmt":"2014-03-24T21:46:40","slug":"federal-judge-harshly-criticizes-atf-sting-operation-dismisses-criminal-indictment","status":"publish","type":"post","link":"https:\/\/cjnotebook.com\/?p=1860","title":{"rendered":"Federal Judge Harshly Criticizes ATF’s Sting Operations; Dismisses a Criminal Indictment"},"content":{"rendered":"

\"u.s.DISTRICT<\/a><\/strong><\/p>\n

(UPDATED MARCH 24, 2014)<\/strong><\/p>\n

LOS ANGELES<\/strong> — In dismissing a federal indictment, \u00a0a federal judge torched the Bureau of Alcohol Tobacco Firearms and Explosives over how the agency conducted a string operation.<\/p>\n

U.S. District Court Judge Otis Wright said in his ruling<\/span><\/a>\u00a0<\/span>issued this month that ATF ‘s string operation went too far, “ensnaring chronically unemployed individuals from poverty-ridden areas in this fake drug stash-house robberies.”<\/span><\/p>\n

“In this case, the Constitution will not tolerate subjecting an individual to prosecution for an imaginary crime subject to a very real punishment — a punishment which rests entirely on AFT agents’ whims,” wrote Wright as part of a 24-page order granting the dismissal for “outrageous government conduct.”<\/p>\n

Wright dismissed the indictment against defendant\u00a0Antuan Duane Dunlap.<\/strong><\/p>\n

“Society does not win when the Government stoops to the same level as the defendants it seeks to prosecute — especially when the Government has acted solely to achieve a conviction for a made-up crime,” Wright wrote. <\/span><\/p>\n

Adding, \u00a0“Zero. That’s \u00a0the amount of drugs that the Government has taken off the streets as the result of this case and hundreds of fake stash-house cases around the country. \u00a0That’s the problem with creating crime: the Government is not making the country any safer or reducing the actual flow of drugs. But for the government’s action, the fake stash house would still be fake, the nonexistent drugs would still be nonexistent, and the fictional armed guards would still be fictional.”\u00a0<\/span><\/p>\n

Tom Mrozek, spokesman for the U.S. Justice Department declined to comment Sunday. But he did say that the Justice Department has filed a notice of appeal.<\/p>\n

In its motion filed Feb. 10 \u00a0opposing the dismissal, federal prosecutors argue that the defendant’s “attacks on the investigation and prosecution” have no merit.<\/p>\n

Citing the U.S. Ninth Circuit Court of Appeals most recent case on this matter, which is U.S. vs. Black, prosecutors maintain that they followed the law.<\/p>\n

Both Judge Wright and the prosecutors cited the U.S. vs. Black case, which the federal appeals issued its ruling last year.<\/p>\n

Also they said that the burden of \u00a0establishing \u00a0“outrageous conduct” is an “extremely high standard,” prosecutors wrote.<\/p>\n

Adding that there is no evidence that the federal agents conduct was outrageous, noting that co-defendant Cedrick Hudson initiated the contact as to whether a police confidential informant knew of any good \u00a0“come ups.”<\/p>\n

The federal agent told the defendants including Dunlap that they \u00a0“could simply walk away if they did not want to proceed with the robbery,” prosecutors stated.<\/p>\n

On February 25, 2013, the Grand Jury indicted Dunlap and the other defendants for various crimes including conspiracy to possess cocaine with intent to distribute, conspiracy to commit robbery and possessing a firearm.<\/p>\n

On January 28, 2014, Dunlap moved to dismiss the indictment due to\u00a0outrageous government conduct. The Government opposed Dunlap’s motion.<\/p>\n

According to court documents, this is what happened:<\/strong><\/p>\n

To catch individuals suspected of engaging in home-invasion robberies, \u00a0ATF\u00a0Special Agent Dan Thompson\u00a0<\/strong>masqueraded as a \u201ccocaine courier who wishes to steal the cocaine he is expected to\u00a0deliver\u201d from a location in the Los Angeles area, according to Wright.<\/p>\n

The judge stated that Thompson, consistent with previous ATF reverse-sting operations, paints a picture of\u00a0<\/span>an all-too-easy stash-house robbery. He tells unwitting individuals a tale of bountiful\u00a0harvests of 20 to 25 kilograms of \u201cpure\u201d cocaine being guarded by just a few\u00a0individuals.<\/p>\n

The only problem: it\u2019s all a lie, the judge states.<\/p>\n

Special Agent Thompson\u2019s interaction with Defendants began around\u00a0November 2012 when Los Angeles Police Department Task Force Officer Erik Shear<\/strong>\u00a0informed ATF Special Agent Jason Moore<\/strong> that Defendant Cedrick Marquet Hudson\u00a0<\/strong>had asked a confidential informant or CI \u00a0whether he knew of any good \u201ccome ups.\u201d<\/p>\n

Judge Asks Federal Prosecutors About Term “Come Ups” During Dunlap’s Hearing<\/strong><\/p>\n

At the hearing on the motion to dismiss, the judge questioned the federal prosecutors whether the term \u201ccome ups\u201d refers only to robbery opportunities. Prosecutors indicated that Moore and Thompson knew that Hudson meant robbery\u00a0opportunities based on the context\u2014whatever it was, the judge stated.<\/p>\n

It still remains a mystery how\u00a0\u201ccome ups\u201d only referred to robberies here\u2014let alone a stash-house robbery, the judge wrote.<\/span><\/p>\n

Further, the judge noted that\u00a0<\/span>Moore did not provide any background regarding the CI\u2019s interaction with Hudson;\u00a0rather, Moore\u2019s recollection starts with “the appearance” that Hudson approached the CI out\u00a0of the blue.<\/p>\n

Meeting Setup Between ATF and Defendants<\/strong><\/p>\n

After the CI contacted the ATF, the agents told the CI to tell defendants that\u00a0Special Agent Thompson wanted to meet with them, according to the court documents.<\/p>\n

On December 20,\u00a02012, the undercover agent met with defendants\u00a0Hudson<\/strong> and Joseph Cornell Whitfield<\/strong>\u00a0at a restaurant in Gardena, California.<\/p>\n

The undercover agent explained the\u00a0proposed robbery to Hudson and Whitfield and told them to let him know if they were\u00a0not interested. \u00a0The undercover agent described the scheme as \u201ca once in\u00a0a lifetime type thing. . . . [L]ike this is like the one. You know, the come up don\u2019t\u00a0come around that often . . . .\u201d<\/p>\n

Thompson said that he picks up two kilograms of cocaine from the nonexistent stash\u00a0<\/span>house, but he always sees 20 to 25 kilograms there. \u00a0The undercover agent also asked if Hudson and Whitfield if they had \u201ca\u00a0crew . . . a couple other homies\u201d that could participate in the nonexistent robbery.<\/p>\n

Special Agent Thompson further explained that there were usually two\u00a0individuals guarding the fake stash house\u2014one of which always carried a firearm.\u00a0\u00a0Special Agent Thompson said that he usually picked up cocaine once a\u00a0month and that he would find out two days before the pick-up where the imaginary\u00a0stash house was located.<\/p>\n

The undercover agent proposed that he would be inside the nonexistent stash\u00a0house during the robbery. \u00a0He said that Hudson and Whitfield should\u00a0empty his pockets and tie him up to make it look like the agent was also a victim.<\/p>\n

Special Agent Thompson asked if Hudson and Whitfield\u2019s associates \u201ccould\u00a0handle it if something happened during the robbery (referring to someone getting \u00a0shot).\u201d<\/p>\n

They said that they could. \u00a0Thompson then stated that he\u00a0had \u201ca home girl like got a hook up at a rental car company\u201d and volunteered to\u00a0procure a getaway car and safe house. \u00a0The undercover agent alluringly described the fictitious cocaine as \u201cpure\u201d and\u00a0told Hudson and Whitfield that they would need to repackage it before distributing it.<\/p>\n

In January, A Second Meeting Set up Defendants<\/strong><\/p>\n

On January 10, 2013, the undercover agent, Hudson, Whitfield, and the CI met\u00a0for a second time outside a coffee shop in Carson, California. Special\u00a0Agent Thompson stated that the cocaine shipment would arrive later in the month.<\/p>\n

He also asked about the third member of the group, and Hudson and\u00a0Whitfield said he\u2014\u201cRowdy\u201d or \u201cBaby Rowdy\u201d\u2014was ready. \u00a0Later in\u00a0the meeting, Special Agent Thompson again said he wanted to meet him.<\/p>\n

The undercover agent then told Hudson and Whitfield that the fictional drug\u00a0traffickers would be guarding 20 to 25 kilograms of pure cocaine. \u00a0The\u00a0group discussed the logistics of the robbery, including how Special Agent Thompson\u00a0should leave the stash-house door unlocked. Special Agent Thompson inquired if\u00a0Hudson and Whitfield \u201ccould get him anything (referring to a firearm)\u201d.\u00a0Whitfield\u00a0said that he could.<\/p>\n

On January 21, 2013, the undercover agent informed Hudson via telephone that\u00a0the drug traffickers were in Mexico and that the cocaine shipment would arrive in\u00a0early February. \u00a0Hudson said that they were ready.<\/p>\n

On January 30, 2013, Special Agent Thompson called Hudson to arrange a\u00a0meeting with the third member of Hudson and Whitfield\u2019s crew at an undercover\u00a0warehouse in Los Angeles, California. \u00a0Hudson and Whitfield arrived\u00a0and introduced Antuan Dunlap<\/strong>\u2014a completely different person from the previously referenced\u00a0\u201cRowdy\u201d or \u201cBaby Rowdy.\u201d<\/p>\n

The group then further discussed the\u00a0details of the fake stash-house robbery.<\/p>\n

The undercover agent Thompson again asked Whitfield if he could get him a little \u201cstrap,\u201d\u00a0<\/span>meaning a gun, and the agent said that he could pay Whitfield for it. \u00a0Whitfield obliged.<\/p>\n

Hudson bragged to Thompson that Dunlap is a \u201cjack-boy\u201d and \u201crobs banks and\u00a0all that shit.\u201d \u00a0Dunlap also stated that he had robbed a Western\u00a0Union by threatening an employee with a Taser and had robbed a Nix check-cashing\u00a0establishment. \u00a0But at no point did Dunlap or the other defendants\u00a0indicate that they had previously engaged in home invasions or drug stash-house\u00a0robberies.<\/p>\n

In February 2013, ATF Meet a Third Time with Defendants<\/strong><\/p>\n

On February 5, 2013, Special Agent Thompson again met with Hudson,\u00a0Whitfield, Dunlap, and the CI at an undercover warehouse that was to serve as the\u00a0safe house\u2014a safe house provided by the Government.<\/p>\n

The undercover\u00a0agent had rented a minivan as a getaway vehicle. \u00a0Hudson placed a rifle\u00a0bag from his vehicle into the rental van. \u00a0The bag contained a\u00a0shotgun and revolver.<\/p>\n

While the crew waited in a break room, Special Agent Thompson told them that\u00a0they were \u201cabout to get these birds (meaning kilograms of cocaine)\u201d and described the\u00a0cocaine as \u201c\u2018pure[,] pure ass coca . . . this ain\u2019t like no bullshit cocaine, [sic] this is\u00a0like cocaina.\u2019\u201d<\/p>\n

The agent then left the room, and Defendants were\u00a0arrested.<\/p>\n

Wright stated that not once did the ATF agents suspect any of the defendants of being involved in the home-invasion robberies.<\/p>\n

“At best, the ATF operated off a hunch that Dunlap and the others were up to no good. But something more is required before the Government can ensnare individuals in an all-too-tempting, made-up robbery and take 15-plus years away from their lives,” the judge stated.<\/p>\n

The Judge Questions the Value of the \u00a0Federal Government Prosecuting “Fake Crime”\u00a0<\/strong><\/p>\n

Citing a quote from another federal judge, Michael Ponsor, \u00a0Wright questioned the merits of prosecuting “fake crime,” noting that the U.S. locks up more people than any other country in the world.<\/p>\n

“When the nation imprisons people solely because Government dreams up a too-good-to-turn-down robbery and then targets people it knows are eager to make an easy buck, the Judge (Michael) Ponsor’s concerns are only further borne out,” \u00a0Wright wrote.<\/p>\n

“The United States Supreme Court has drawn the line between infiltrating an ongoing enterprise on one hand and manufacturing crime on the other,” Wright pointed out.<\/p>\n

Wright also stated that there was no evidence that Dunlap was involved in home-invasion robberies or other crimes he bragged to agents about , noting also his minimal involvement in the sting operation. \u00a0Also an \u00a0ATF agent “goaded” one of the defendants to get him weapons, the judge said in his decision.<\/p>\n

In its report, \u00a0USA Today <\/a>stated\u00a0that the number of ATF sting operations has quadrupled in the past 10 years.<\/p>\n

“So the Government essentially admits that this ruse is not meant to simply skim off those individuals likely to commit similar crimes; rather, it is designed to never fail. And the high number of fake stash-house convictions the Government has attained confirms this strategy,” Wright noted in his order.<\/p>\n

Stating, that law enforcement is a difficult task as people will always find ways to avoid being arrested.<\/p>\n

“But is is not the role of the Judicial Branch to merely rubber stamp whatever imaginative device the ATF and other agencies dream up,” \u00a0Wright stated.<\/p>\n

Wright was nominated to the federal bench by President George Bush in 2007.<\/p>\n","protected":false},"excerpt":{"rendered":"

(UPDATED MARCH 24, 2014) LOS ANGELES — In dismissing a federal indictment, \u00a0a federal judge torched the Bureau of Alcohol Tobacco Firearms and Explosives over how the agency conducted a string operation….<\/p>\n","protected":false},"author":1,"featured_media":1867,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[318,16],"tags":[320,1727,319,321],"class_list":["post-1860","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-atf","category-home-main-slider","tag-antuan-duane-dunlap","tag-atf","tag-judge-otis-wright","tag-sting-operations"],"yoast_head":"\nFederal Judge Harshly Criticizes ATF's Sting Operations; Dismisses a Criminal Indictment<\/title>\n<meta name=\"description\" content=\"U.S. District Court Judge Otis Wright Harshly Criticizes Sting Operations\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/cjnotebook.com\/?p=1860\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Federal Judge Harshly Criticizes ATF's Sting Operations; 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