DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL. TOBACCO AND FIREARMS Office of Inspection DEC 1 1995 I:EOI:JED 8600.0 MEMORANDUM TO: Assistant Director (Inspection) THRU: Inspector in Charge Eastern office of Inspection FROM: Special Agent Joseph E. Dugan SUBJECT: BUSEY, Thomas B. Closing Report - U. I. 960033 On November 28, 1995, Acting Chief Counsel Bradley Buckles, ATF, notified the Assistant Director (Inspection) that Thomas B. BUSEY, Chief, NFA Branch, had made inappropriate comments during a rollcall training session held in Bureau Headquarters in October 1995. Specifically, Mr. Buckles advised that BUSEY stated that, when personnel under his supervision testify in court concerning the registration of firearms in the National Firearms Registration and Transfer Record (NFRTR), they state under oath that the NFRTR database is 100% accurate when they know that this is not the truth. On November 28, 1995, Mr. Buckles gave me a videotape of BUSEY's presentation. I viewed it in its entirety on November 29, 1995. At one point early in the presentation, BUSEY makes the following statement: "Our first and main responsibility is to make accurate entries and to maintain the accuracy of the NFRTR...." Several moments later, he makes the following statement while discussing testimony offered in court by his personnel: "Let me say that, when we testify in court, we testify that the database is 100% accurate. That's what we testify to, and we will always testify to that. As you probably well know, that may not be 100% true." On November 29, 1995, I gave the videotape to Associate Chief Counsel (Firearms and Explosives) Jack Patterson, who agreed to view it. By agreement with Mr. Patterson, the office of Inspection would inquire into the above statements in an attempt to determine whether employees of the NFA Branch were committing perjury in their testimony concerning the accuracy of the NFRTR. The office of Chief Counsel would inquire into other statements made by BUSEY which, while not indicative of misconduct, could require Assistant Director -2- (Inspection) clarification. Included in this was a discussion of the manner in which NFA Branch staff conduct searches of the NFRTR prior to appearing in court. Mr. Patterson returned the videotape to me on the same day. on November 30, 1995, I interviewed BUSEY under oath. The scope of this interview was limited in accordance with the discussion I had with Mr. Patterson. BUSEY related the following in an affidavit, which is attached hereto: When he said that members of his staff testify that the database is 100% accurate although they know otherwise, he made a misstatement of the facts. What he meant to convey was the fact that the database contains certain inaccuracies which can be attributed to human error. His personnel testify only to the accuracy and diligence of their search and make no comment, either in court or an any official document, concerning the accuracy of the database. If he were asked about the accuracy of the database under either direct or cross examination, he would reply that the database contains evidence of human error. He would then explain how a search is performed. Based upon the foregoing, it would appear that BUSEY was not attempting to convey the notion that members of his staff commit perjury in their testimony concerning the NFRTR. It is therefore recommended that this investigation be closed. I will return the videotape to the Office of Chief Counsel. [signed] Joseph E. Dugan Attachment [page 3] Office of Inspection DEC 11 1995 I:RJH 8600.0 MEMORANDUM TO: Associate Director (Enforcement) INFO: Chief Counsel FROM: Assistant Director (Inspection) SUBJECT: Inaccuracies in National Firearms Registration and Transfer Record (NFRTR) This office has concluded an inquiry into certain statements made by the Chief, National Firearms Act Branch, at a recent Headquarters rollcall training session. Attached hereto is a memorandum detailing the results of our inquiry. As you will note, our inquiry was limited to a single issue. The other statements made during the session are being reviewed by Chief Counsel. It is the opinion of this office that the entire database is in need of thorough review and correction to its accuracy. I understand NFA Branch is in the process of acquiring a new database with features such as Soundex which could enhance the accuracy of searches and certifications. I have also been informed that the Special Agent in Charge, Firearms Tracing Branch, has offered the assistance of his staff in examining NFRTR records and in correcting any inaccuracies which may exist in the more than 726,000 registration records on file. This is forwarded to you for whatever action you may deem appropriate. Richard J Hankinson Attachment [page 4] DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS INCIDENT REPORT EMPLOYEES INVOLVED (Last name. First Middle Initial) BUSEY, Thomas Chief, TITLE(S) Chief, NFA Br. STATIONED AT Headquarters INFORMATION FURNISHED BY (Name and title) S. Buckles, Chief Counsel DATE INFORMATION FORWARDED 11-28-95 DATE INFORMATION RECEIVED: 11-28-95 DETAILS On 11-28-95, Buckles, Acting Chief Counsel, advised AD (I) Hankinson that Thomas BUSEY, Chief, NFA Branch, conducted a rollcall training session for Headquarters employees in October 1995. During this session, which was videotaped, BUSEY stated that employees under his supervision testify in court that the National Firearms Registration and Transfer Record is 100% accurate when they know that it is not.