http://www.nysun.com/article/ 48320
Despite Snub, Gun Cases Will Go Forward
By BRADLEY HOPE
Staff Reporter of the Sun
February 9, 2007
Legal analysts expect the city to be able to proceed with civil
lawsuits against 15 gun dealers targeted by Mayor Bloomberg's out-of-
state sting operations, despite the Department of Justice's decision
yesterday not to file criminal charges against them.
The city had given the evidence to the Bureau of Alcohol, Tobacco,
Firearms, and Explosives to examine for potential criminal charges.
But in a letter sent to the city on Tuesday, the director of the
executive office of United States Attorneys, Michael Battle, said its
offices "concluded that the circumstances surrounding the purchases
do not rise to a level that would support a criminal prosecution."
Healso warned the mayor's office of "potential legal liabilities" in
using a private investigation firm to "undertake actions typically
reserved for law enforcement agents."
The letter was first reported in the New York Daily News yesterday.
Mr. Bloomberg's criminal justice coordinator, John Feinblatt, said in
an interview that the city never wanted to prosecute the dealers
criminally.
"This has no bearing on our civil cases," he said. "Our goal was to
make dealers play by the rules, not to put them in jail, not to drive
them out of business."
The civil lawsuits were filed last year as part of the mayor's
campaign to reduce the number of illegal guns entering New York City.
Fifteen dealers were targeted in the first round of lawsuits; an
additional 12 lawsuits were announced in December.
So far, seven of 27 dealers targeted by the sting operations
conducted by a white-collar investigation firm, James Mintz Group,
have settled with the city. They have agreed to give a city-appointed
monitor complete access to the stores for three years.
The sting operations simulated "straw purchases," in which one person
buys a gun that is really for someone else, according to the mayor's
office.
A law professor at Albany Law School, Timothy Lytton, said the lack
of criminal charges did not necessarily hurt a civil lawsuit's
chances for success. The threshold for a criminal charge is higher
than that for a civil case.
"More what it shows is there is a continuing lack of zeal by the
federal government to investigate and enforce these laws at a dealer
level," he said. "New York has taken it upon itself to enforce
federal laws by suing for this kind of nuisance in the face of the
federal government, who has decided not to enforce these laws."
The president of the Citizens Crime Commission, Richard Aborn,
said: "The goal of the lawsuits is to stop these dealers engaging in
straw purchases. … You want to send the message that the sale you're
making could result in a lawsuit."
A New York lawyer representing eight of the dealers in the two rounds
of lawsuits, John Renzulli, had a different interpretation.
"They intend to use these illegal operations as a major point in
their case," he said. "I think it has a bearing on the case."
The out-of-state lawsuits are one part of Mr. Bloomberg's
threepronged approach to reducing the number of illegal guns in New
York. He has increased NYPD enforcement and lobbied Congress for
stricter laws.
The lawsuits have riled several pro gun rights groups, including the
Second Amendment Foundation and the National Shooting Sports
Foundation, which have called on the Justice Departmen to prosecute
the private investigators for breaking federal firearm laws. A law
enforcement source said the department has declined to pursue charges
against the private investigators.
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BLOOMBERG DEALT SETBACK -- FOR NOW
In a blow to New York City Mayor Michael Bloomberg's crusade to drive
gun dealers out of business, the U.S. government has decided not to file
charges against those dealers targeted by the mayor.
Stepping well outside his legal jurisdiction, Bloomberg coordinated a
private, undercover "sting" operation using private investigators to
stage straw purchases in the hopes of catching dealers engaging in illegal
sales. Among the numerous problems with this illicit campaign,
Michael Battle, DOJ's director of the executive office for United States
Attorneys, cited the Mayor's use of persons "without proper law enforcement
authority" and efforts that "interrupt or jeopardize" criminal probes.
When asked if the Bloomberg administration plans to stop conducting
the sting operations, Deputy Mayor Ed Skyler said, "Not necessarily."
In hailing this recent development, NRA-ILA Executive Director Chris
Cox noted, "NRA has always maintained that Mayor Bloomberg overstepped
his boundaries and possibly broke the law in conducting these sting operations,
and we expressed our concerns to BATFE immediately. NRA is grateful
that the bureau has reviewed the matter and concluded that no action
is warranted against these firearms retailers. NRA hopes that Mayor
Bloomberg heeds the BATFE's stern warning that he and his administration
could face potential legal liabilities if they continue their disregard
of current federal law and the safety of law enforcement officers. If
Mayor Bloomberg was serious about reducing crime, he would focus on prosecuting
violent criminals in his city, instead of resorting to media stunts and
press conferences." |
