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2/16/2017 10:11 am  #1


California Man Agrees to Plead Guilty to Plotting Violent Attacks

 California Man Agrees to Plead Guilty to Plotting Violent Attacks and Buying Firearms for Shooter in San Bernardino Terrorist Attack

https://www.justice.gov/opa/pr/california-man-agrees-plead-guilty-plotting-violent-attacks-and-buying-firearms-shooter-san

Enrique Marquez Jr., 25, of Riverside, California – longtime friend of Syed Rizwan Farook, the male shooter in the San Bernardino, California terrorist attack – agreed to plead guilty to conspiring with Farook in 2011 and 2012 to provide material support to terrorists.The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Eileen M. Decker for the Central District of California and Assistant Director in Charge Deirdre Fike of the FBI's Los Angeles Field Office.

Marquez entered into a plea agreement that was filed today in U.S. District Court. The defendant is scheduled to enter his guilty pleas this Thursday at 12:00 p.m. EST, 9:00 a.m. PST before U.S. District Judge Jesus Bernal.“With this plea, Enrique Marquez Jr. will be held accountable for his role in plotting terrorist attacks on American soil with Sayed Rizwan Farook in 2011 and 2012, attacks which were, fortunately, not carried out,” said Acting Assistant Attorney General McCord. “Marquez also admitted to making a false statement as part of his straw purchases of weapons for Farook – weapons that were eventually used to carry out the deadly terrorist attack in San Bernardino.

Holding those who threaten our national security and public safety accountable will always be the highest priority of the National Security Division and I want to thank all of the agents, analysts, and prosecutors who are responsible for this result.”“This defendant collaborated with and purchased weapons for a man who carried out the devastating December 2, 2015 terrorist attack that took the lives of 14 innocent people, wounded nearly two dozen, and impacted our entire nation,” said U.S. Attorney Decker.

“While his earlier plans to attack a school and a freeway were not executed, the planning clearly laid the foundation for the 2015 attack on the Inland Regional Center. When this defendant pleads guilty, all four individuals charged, including three of the shooters’ family members, will be convicted. Everyone in the U.S. Attorney’s Office – and everyone across the Department of Justice and the broader law enforcement community – brought their expertise, dedication, and tireless effort to bear on this investigation.

We are, and will continue to be, deeply committed to pursuing the prosecution of everyone who was even remotely related to the San Bernardino attack. As these criminal cases begin to resolve, we hope that the victims of the attack and the community of San Bernardino are comforted in some small way by the knowledge that the Department of Justice and the law enforcement community stands with them in this investigation, resolute and committed to justice.”
 


 “We hold these truths to be self-evident,”  former vice president Biden said during a campaign event in Texas on Monday. "All men and women created by — you know, you know, the thing.”

 
 

2/16/2017 10:29 am  #2


Re: California Man Agrees to Plead Guilty to Plotting Violent Attacks

Probably would have been better if he wasn't able to buy the weapons in the first place.


We live in a time in which decent and otherwise sensible people are surrendering too easily to the hectoring of morons or extremists. 
 

2/16/2017 11:03 am  #3


Re: California Man Agrees to Plead Guilty to Plotting Violent Attacks

Goose wrote:

Probably would have been better if he wasn't able to buy the weapons in the first place.

It certainly exposes the problem with "staw buyers" that for years people have been struggling to curb unsuccessfully unfortunately. Maybe some day we will wake up to our lax laws in relation to this whole problem. 

In addition it exposes the naievity of Trump's plan of dealing with terrorism in that neither of the people who committed these acts were either of the contries that Trump has banned in that the husband was a native born and radicalized terrorist and his wife was from Pakistan. We obviously (as we saw big time with 9/11) have to be on guard about terrorism, but in doing so we have to be smart about it and not do "knee jerk" reactions that will potentially alienate the very same groups we need to rely on for support and information.

 

Last edited by tennyson (2/16/2017 11:24 am)


"Do not confuse motion and progress, A rocking horse keeps moving but does not make any progress"
 
 

2/16/2017 8:16 pm  #4


Re: California Man Agrees to Plead Guilty to Plotting Violent Attacks

tennyson wrote:

Goose wrote:

Probably would have been better if he wasn't able to buy the weapons in the first place.

It certainly exposes the problem with "staw buyers" that for years people have been struggling to curb unsuccessfully unfortunately. Maybe some day we will wake up to our lax laws in relation to this whole problem. 

In addition it exposes the naievity of Trump's plan of dealing with terrorism in that neither of the people who committed these acts were either of the contries that Trump has banned in that the husband was a native born and radicalized terrorist and his wife was from Pakistan. We obviously (as we saw big time with 9/11) have to be on guard about terrorism, but in doing so we have to be smart about it and not do "knee jerk" reactions that will potentially alienate the very same groups we need to rely on for support and information.

 

There can be serious charges:

Federal Law

Federal law prohibits straw purchases by criminalizing the making of false statements to an FFL about a material fact on ATF Form 4473, or presenting false identification in connection with the firearm purchase.

Two federal statutes – 18 U.S.C. § 922(a)(6) and 18 U.S.C. § 924(a)(1)(A) – are the primary laws under which straw purchases are prosecuted.
First, 18 U.S.C. § 922(a)(6) prohibits any person:
In connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition.

Subject to limited exceptions, 18 U.S.C. § 924(a)(1)(A) imposes criminal penalties, such as fines and imprisonment, upon any person who:
[K]nowingly makes any false statement or representation with respect to the information required by [federal firearms law] to be kept in the records of a person licensed under [federal firearms law] or in applying for any license or exemption or relief from disability under the provisions of [federal firearms law].

These false statements or representations are punishable by a fine of up to $250,000 and up to 10 years in prison.14In a successful straw purchase, the actual buyer is never specifically linked to the gun, but both the prohibited purchaser and the straw purchaser have committed a federal felony. The straw purchaser violates 18 U.S.C. § 922(a)(6)15 or 18 U.S.C. § 924(a)(1)(A)16 by falsely stating or falsely providing evidence that he or she is the actual gun buyer, while the prohibited purchaser – usually the actual buyer – is criminally liable for aiding and abetting the straw purchaser in such violations or in causing the making of the false statements.17


 “We hold these truths to be self-evident,”  former vice president Biden said during a campaign event in Texas on Monday. "All men and women created by — you know, you know, the thing.”

 
     Thread Starter
 

2/16/2017 9:05 pm  #5


Re: California Man Agrees to Plead Guilty to Plotting Violent Attacks

Common Sense wrote:

tennyson wrote:

Goose wrote:

Probably would have been better if he wasn't able to buy the weapons in the first place.

It certainly exposes the problem with "staw buyers" that for years people have been struggling to curb unsuccessfully unfortunately. Maybe some day we will wake up to our lax laws in relation to this whole problem. 

In addition it exposes the naievity of Trump's plan of dealing with terrorism in that neither of the people who committed these acts were either of the contries that Trump has banned in that the husband was a native born and radicalized terrorist and his wife was from Pakistan. We obviously (as we saw big time with 9/11) have to be on guard about terrorism, but in doing so we have to be smart about it and not do "knee jerk" reactions that will potentially alienate the very same groups we need to rely on for support and information.

 

There can be serious charges:

Federal Law

Federal law prohibits straw purchases by criminalizing the making of false statements to an FFL about a material fact on ATF Form 4473, or presenting false identification in connection with the firearm purchase.

Two federal statutes – 18 U.S.C. § 922(a)(6) and 18 U.S.C. § 924(a)(1)(A) – are the primary laws under which straw purchases are prosecuted.
First, 18 U.S.C. § 922(a)(6) prohibits any person:
In connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition.

Subject to limited exceptions, 18 U.S.C. § 924(a)(1)(A) imposes criminal penalties, such as fines and imprisonment, upon any person who:
[K]nowingly makes any false statement or representation with respect to the information required by [federal firearms law] to be kept in the records of a person licensed under [federal firearms law] or in applying for any license or exemption or relief from disability under the provisions of [federal firearms law].

These false statements or representations are punishable by a fine of up to $250,000 and up to 10 years in prison.14In a successful straw purchase, the actual buyer is never specifically linked to the gun, but both the prohibited purchaser and the straw purchaser have committed a federal felony. The straw purchaser violates 18 U.S.C. § 922(a)(6)15 or 18 U.S.C. § 924(a)(1)(A)16 by falsely stating or falsely providing evidence that he or she is the actual gun buyer, while the prohibited purchaser – usually the actual buyer – is criminally liable for aiding and abetting the straw purchaser in such violations or in causing the making of the false statements.17

A law that is difficult to enforce (ie-prove) is a lax law. We really need to come up with a system (whether it be registration which some gun advocates fear OR another way). Most people who do straw purchases know they will likely never be prosecuted for it. 


 


"Do not confuse motion and progress, A rocking horse keeps moving but does not make any progress"
 
 

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