August 17, 2012
Documents received and analyzed by Gun Rights Examiner this week continue to add credibility to the claims of John Shipley,
an FBI agent convicted of dealing in firearms without a license who has
insisted throughout his legal ordeal that he was merely an active
collector. Reports of Investigation by the Bureau of Alcohol, Tobacco,
Firearms and Explosives, in which they interviewed then-suspect Jonatan
Lopez, a Juarez, CH, resident who purchased a Barrett .50 caliber rifle
that was later recovered in Mexico,
provide significant corroborating details. The rifle had been
previously owned by Shipley, but was sold by him to a former deputy
sheriff who then sold it to Lopez, in a deal evidently brokered by an El
Paso Federal Firearms Licensee.
On Wednesday, this column walked through two documents illustrating how the gun was sold and physically transferred to Lopez, and how the money and proof of delivery, consisting of a photocopy of the buyer’s license and a handwritten acknowledgment of receipt, were then given to the seller where they were later recovered in a search of his home. Yesterday’s report laid out evidence that the dealer was cooperating with ATF and established that it was well within the capability and power of agents to arrest the traffickers and intercept the gun Shipley sold before it was smuggled into Mexico, something that was later exploited with great effect by the prosecution to condemn the defendant in the eyes of the jury.
Today’s installment runs through two more documents provided to Gun Rights Examiner by a source close to the Shipley case, ATF ROIs that detail how the sale of the Barrett went down, introduce us to a mysterious stranger, and demonstrate that the transaction must have been authorized by ATF agents who had been closely monitoring things with FFL cooperation. These reports have been posted to this correspondent’s Scribd account for reference.
Document #6 is a supplement to an April 7, 2008 interview of Lopez by ATF, wherein he provided information “regarding a .50 caliber rifle that he purchased from a white male, possibly matching the description of Shipley, in the parking lot of Collector’s Gun Exchange.” This did not pan out to be the case.
“Lopez was shown a photo lineup in an attempt to identify the person who delivered the Barrett,” the source explained. “John Shipley’s photograph was included in the lineup. Lopez did not identify anyone in the lineup as the supplier of the Barrett.
“This document is evidence that the ATF knew Lopez trafficked the Barrett to Mexico,” the source claimed, adding a startling fact that “he was never indicted or charged with it.
“ATF didn’t indict him or charge him because then the ATF would have to provide discovery material that showed [they] knew about, allowed and surveilled Lopez’s purchase and trafficking,” the source claimed. “This would prove that the United States Attorney’s Office lied to obtain a search warrant for John Shipley’s residence because they were trying to trace how the Barrett got to Mexico when they already knew how it got to Mexico.”
A report will be presented as a later installment in this series documenting that of all the firearms listed in the eventual indictment against Lopez, Barrett #20488 was not included, nor has he ever been charged with trafficking that particular gun to Mexico.
For now, so the pieces of the puzzle can be laid out before assembling the final picture, Document #7, the interview of Lopez, must be understood. It establishes the details of the parking lot sale, and the extent a cooperating FFL was involved. That’s very important, because had activities for this particular transaction not been approved and directed, there is no explanation for why ATF would allow a serious violation of the law to occur under their noses and just let it slide.
“In paragraph #5, Lopez tells the ATF that he heard through Paul Lee [the FFL and owner of Collector’s Gun Exchange] about the Barrett being for sale for $8,000,” the source points out. “If Paul Lee wasn’t acting under the authority of the ATF as an informant, this statement alone would make him guilty of conspiracy to traffic firearms to Mexico.
“The second sentence of paragraph #5 starts, ‘On the arranged day…,’” the source continued. “This tells you that Paul Lee had Lopez return to buy the gun.
“Lee did this to allow ATF to get permission to conduct a controlled delivery of the Barrett to Lopez,” the source deduced. “ATF needed time to have operations orders approved, and undercover agent ready to deliver the Barrett to Lopez and a surveillance team ready,” the source surmised, charging “ATF supplied the Barrett to Lopez and then allowed it to be trafficked to Mexico” and comparing the tactic to Operation Wide Receiver and Fast and Furious..
“If Paul Lee had the Barrett in his store and wasn’t assisting ATF, there would have been no need for Lopez to return ‘on an arranged day,’” the source argued. “Lopez states that Lee took his Texas driver’s license and made a photocopy. This is the receipt for the sale of the Barrett. If Lee was illegally selling…to a known subject of an ATF Mexican trafficking investigation who is not a legal U.S. citizen allowed to buy firearms, the last thing Lee would do is make a receipt to document his crime.
“Lee made this receipt for the ATF,” the source concluded. “It identifies the buyer and is evidence they can use to prosecute Lopez.”
“Lopez also states that he paid Lee ‘$8,000 in U.S. currency form his backpack and counted it out to Lee, who then made a telephone call to “someone” telling them that Lopez had just paid for the firearm,’” the source summarized. “Lopez has just told the ATF—who is supposedly looking for the person who sold the Barrett to Lopez—that he bought it from Lee.
“If Lee was acting without the knowledge of the ATF, he would have been arrested and Collector’s Gun Exchange would have been closed and seized,” the source observed. “This proves ATF was involved in the sale.
“The statement ‘counted it out to Lee who then made a telephone call to someone telling them Lopez had just paid for the firearm’ is critical,” the source explained. “Lee called the ATF a s part of the controlled delivery to have the undercover agent deliver the Barrett to Lopez. This also allowed the ATF to document, record and surveil Lopez accepting the Barrett and trafficking [it] to Mexico.
“This is the infamous ‘gun walking’ ATF was facilitating in Wide Receiver and Fast and Furious,” the source concluded.
The speculation is consistent with the documentation, and in the absence of additional evidence would appear to be the most plausible explanation. A question that will likely remain unanswered throughout this series of reports: Who was the person who handed the gun over to Lopez?
“Lopez went outside the store to the parking lot of Collector’s Gun Exchange where he met with a middle-aged, white male individual with a medium build, a slight pot belly and a medium complexion,” the ROI documents. “The male individual drove a silver hybrid, two-door Honda sedan. The male individual opened the trunk, retrieved a firearm case, and handed it to Lopez…The make Caucasian appeared to be in his 50’s with thin, graying hair wearing glasses.”
The next report in this series will focus on a lie told to the Shipley jury, how Shipley cooperated with investigators, how the judge made prejudicial media statements, what the law says, what the prosecutor said, and irrelevant “evidenced” introduced to gin up fear, loathing and a “guilty” verdict.
UPDATE: See next installment, "Documents show prejudicial tactics helped result in Shipley conviction."
On Wednesday, this column walked through two documents illustrating how the gun was sold and physically transferred to Lopez, and how the money and proof of delivery, consisting of a photocopy of the buyer’s license and a handwritten acknowledgment of receipt, were then given to the seller where they were later recovered in a search of his home. Yesterday’s report laid out evidence that the dealer was cooperating with ATF and established that it was well within the capability and power of agents to arrest the traffickers and intercept the gun Shipley sold before it was smuggled into Mexico, something that was later exploited with great effect by the prosecution to condemn the defendant in the eyes of the jury.
Today’s installment runs through two more documents provided to Gun Rights Examiner by a source close to the Shipley case, ATF ROIs that detail how the sale of the Barrett went down, introduce us to a mysterious stranger, and demonstrate that the transaction must have been authorized by ATF agents who had been closely monitoring things with FFL cooperation. These reports have been posted to this correspondent’s Scribd account for reference.
Document #6 is a supplement to an April 7, 2008 interview of Lopez by ATF, wherein he provided information “regarding a .50 caliber rifle that he purchased from a white male, possibly matching the description of Shipley, in the parking lot of Collector’s Gun Exchange.” This did not pan out to be the case.
“Lopez was shown a photo lineup in an attempt to identify the person who delivered the Barrett,” the source explained. “John Shipley’s photograph was included in the lineup. Lopez did not identify anyone in the lineup as the supplier of the Barrett.
“This document is evidence that the ATF knew Lopez trafficked the Barrett to Mexico,” the source claimed, adding a startling fact that “he was never indicted or charged with it.
“ATF didn’t indict him or charge him because then the ATF would have to provide discovery material that showed [they] knew about, allowed and surveilled Lopez’s purchase and trafficking,” the source claimed. “This would prove that the United States Attorney’s Office lied to obtain a search warrant for John Shipley’s residence because they were trying to trace how the Barrett got to Mexico when they already knew how it got to Mexico.”
A report will be presented as a later installment in this series documenting that of all the firearms listed in the eventual indictment against Lopez, Barrett #20488 was not included, nor has he ever been charged with trafficking that particular gun to Mexico.
For now, so the pieces of the puzzle can be laid out before assembling the final picture, Document #7, the interview of Lopez, must be understood. It establishes the details of the parking lot sale, and the extent a cooperating FFL was involved. That’s very important, because had activities for this particular transaction not been approved and directed, there is no explanation for why ATF would allow a serious violation of the law to occur under their noses and just let it slide.
“In paragraph #5, Lopez tells the ATF that he heard through Paul Lee [the FFL and owner of Collector’s Gun Exchange] about the Barrett being for sale for $8,000,” the source points out. “If Paul Lee wasn’t acting under the authority of the ATF as an informant, this statement alone would make him guilty of conspiracy to traffic firearms to Mexico.
“The second sentence of paragraph #5 starts, ‘On the arranged day…,’” the source continued. “This tells you that Paul Lee had Lopez return to buy the gun.
“Lee did this to allow ATF to get permission to conduct a controlled delivery of the Barrett to Lopez,” the source deduced. “ATF needed time to have operations orders approved, and undercover agent ready to deliver the Barrett to Lopez and a surveillance team ready,” the source surmised, charging “ATF supplied the Barrett to Lopez and then allowed it to be trafficked to Mexico” and comparing the tactic to Operation Wide Receiver and Fast and Furious..
“If Paul Lee had the Barrett in his store and wasn’t assisting ATF, there would have been no need for Lopez to return ‘on an arranged day,’” the source argued. “Lopez states that Lee took his Texas driver’s license and made a photocopy. This is the receipt for the sale of the Barrett. If Lee was illegally selling…to a known subject of an ATF Mexican trafficking investigation who is not a legal U.S. citizen allowed to buy firearms, the last thing Lee would do is make a receipt to document his crime.
“Lee made this receipt for the ATF,” the source concluded. “It identifies the buyer and is evidence they can use to prosecute Lopez.”
“Lopez also states that he paid Lee ‘$8,000 in U.S. currency form his backpack and counted it out to Lee, who then made a telephone call to “someone” telling them that Lopez had just paid for the firearm,’” the source summarized. “Lopez has just told the ATF—who is supposedly looking for the person who sold the Barrett to Lopez—that he bought it from Lee.
“If Lee was acting without the knowledge of the ATF, he would have been arrested and Collector’s Gun Exchange would have been closed and seized,” the source observed. “This proves ATF was involved in the sale.
“The statement ‘counted it out to Lee who then made a telephone call to someone telling them Lopez had just paid for the firearm’ is critical,” the source explained. “Lee called the ATF a s part of the controlled delivery to have the undercover agent deliver the Barrett to Lopez. This also allowed the ATF to document, record and surveil Lopez accepting the Barrett and trafficking [it] to Mexico.
“This is the infamous ‘gun walking’ ATF was facilitating in Wide Receiver and Fast and Furious,” the source concluded.
The speculation is consistent with the documentation, and in the absence of additional evidence would appear to be the most plausible explanation. A question that will likely remain unanswered throughout this series of reports: Who was the person who handed the gun over to Lopez?
“Lopez went outside the store to the parking lot of Collector’s Gun Exchange where he met with a middle-aged, white male individual with a medium build, a slight pot belly and a medium complexion,” the ROI documents. “The male individual drove a silver hybrid, two-door Honda sedan. The male individual opened the trunk, retrieved a firearm case, and handed it to Lopez…The make Caucasian appeared to be in his 50’s with thin, graying hair wearing glasses.”
The next report in this series will focus on a lie told to the Shipley jury, how Shipley cooperated with investigators, how the judge made prejudicial media statements, what the law says, what the prosecutor said, and irrelevant “evidenced” introduced to gin up fear, loathing and a “guilty” verdict.
UPDATE: See next installment, "Documents show prejudicial tactics helped result in Shipley conviction."
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