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Ammo_Bust.txt
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1996-07-09
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C O N S E R V A T I V E C O N S E N S U S(tm)
*****************************************************************
Events * Analysis * Forecasts * Commentary * Readers' Opinions
*****************************************************************
N E W S F L A S H ::: Editor's Desk
Distribution: World
For Immediate Release
Copyright 1995 by Conservative Consensus, ISSN 1074-245X.
QUOTATION AND REPOSTING ARE ENCOURAGED, provided
our name & address are credited. V1XCX25
J A C K B O O T E D T H U G S ?
THE 'LARGEST AMMO SEIZURE IN HISTORY' WAS A MISTAKE, federal
authorities said. [Initial report below.] At the time
of the 3 May raid on Eagle Exim, Inc., federal
prosecutors promised more arrests -- and links to
militia groups. But Customs' case against the Santa
Clara, California, company fell apart when William
Nickerson, the firm's attorney, filed a motion in
federal court contesting the action. The facts that
emerged? The raid was based on a tip from a
confidential informant in Arizona one year earlier.
Customs agents never examined Eagle's Bureau of
Alcohol, Tobacco and Firearms paperwork -- or they
would have known that it was in order -- and not out of
date as alleged. In fact, the feds presented no
evidence in court to substantiate their actions. "I
think there was an almost hysterical reaction to
Oklahoma in certain law enforcement agencies," said Mr.
Nickerson. "When they were raiding this place
illegally, they had no qualms about making these wild
statements." But lack of evidence didn't stop US
Attorney Michael Yamaguchi, who said he was considering
"civil forfeiture action" against Eagle. On 14 June,
Stephen Sheffler, spokesman for Mr. Yamaguchi,
confirmed that the ammunition is being returned to
Eagle at taxpayer expense, following a promise by Eagle
not to sue. The government has declined to apologize to
the firm for its actions.
________________________________
Original Report of 3 May Seizure
FEDERAL AGENTS SEIZED 75 MILLION rounds of 7.62 caliber rifle
ammunition they said was illegally imported to the US
from China by Eagle Exim, Inc., a Santa Clara,
California company. Import documents said the bullets
were made in Russia and imported legally from that
country, but customs agents allege the shipment came
from China, whose imports were banned last year. Bill
Nickerson, a lawyer for the company, said all the
ammunition came from Russia and that Eagle Exim's
import permit for Russian ammunition was valid through
May. Mr. Nickerson claimed that Customs agents exceeded
their authority under a search warrant and that he
would seek to quash the warrant. [Conservative
Consensus 2 June 1995]
_________________________
ANALYSIS & COMMENTARY: There are two ways to view this incident. A
third interpretation -- a well-intentioned mistake -- is unlikely.
Why? Over a year lapsed between the time agents became aware of the
alleged violation until the time they acted.
WAS IT A PUBLICITY STUNT? In the wake of the Oklahoma City bombing,
the government went out of its way to hang the tragedy on "right wing
militias" -- without any evidence -- because it served their political
purposes.
FEDERAL AGENTS had to obtain a court warrant prior to conducting the
raid -- didn't they? Did they tell the court the information came from
a paid informant? Did they tell the court the "tip" was a year old?
Did they tell the court the firm's BATF paperwork was expired -- when
it wasn't? In short, were federal agents honest when they presented
evidence to the court in order to obtain a search warrant?
WAS IT INTIMIDATION? A second explanation is that the government was
trying to "send a message" directed to law-abiding citizens,
constitutionalists, right-wing religious groups, militia movements and
other politically incorrect individuals and organizations now
challenging federal power through the Tenth Amendment movement. Were
federal agents in effect saying, "We don't need any evidence to break
into your homes and businesses, seize your property and assets, and
destroy you financially"? In short, was it jack-booted thuggary?
IS THIS HOW FEDERAL LAW ENFORCEMENT ROUTINELY ACTS? This newspaper has
reported on many instances of injury and death to honest citizens at
the hands of federal agents, who were acting on information supplied
by an anonymous, paid informant. Some of these informants are paid
salaries many times what the federal agents earn themselves. Some of
these informants have been proven, after disasterous results to honest
citizens, to have lied. We have concluded that the paid informant
system is out of control. It is time for Congress to hold open and
fair hearings on the actions of federal law enforcement and the use of
paid informants, before more citizens' homes, businesses, and lives
are destroyed.
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