Eric M. Larson P.O. Box 5497 Takoma Park, Maryland 20913 (301) 270-3450 larsone@erols.com April 24, 1998 The Honorable Michael R. Bromwich Inspector General Department of Justice 950 Pennsylvania Avenue, N.W., Room 4706 Washington, D.C. 20530 RE: March 1998 complaint of David N. Montague, Esq. March 1998 complaint of John D. LeaSure Dear General Bromwich: I am writing to you regarding evidence pertinent to the above complaints, and about my concerns that the Department of Justice may be an unwittingly party to the withholding of exculpatory evidence in some criminal prosecutions of apparent violations of the National Firearms Act (NFA) of 1934, involving data maintained in the National Firearms Registration and Transfer Record (NFRTR). In May 1997, shortly after testifying before the House Subcommittee on Treasury, Postal Service and General Government Appropriations about errors in the NFRTR, I filed a complaint with the Treasury Department Office of Inspector General involving, in part, the willful destruction of NFRTR records by employees of the Bureau of Alcohol, Tobacco and Firearms (BATF). I learned about this destruction of records from reading the transcript of Mr. LeaSure's trial. Mr. LeaSure and Mr. Montague based their complaint to you, in part, on an internal 1997 BATF report in which the BATF told a different story than at trial, but I am not writing to revisit that situation. I am writing to you because I have been, for several years, researching errors in the NFRTR, and found valid and reliable evidence that its accuracy and integrity has been compromised for a long time. By "long time," I mean at least each of the years from 1992 to 1996, the last year that BATF has released data, and I have no reason to think that 1997 or 1998 data are any better. By "valid" I mean "accurate"; and by "reliable" I mean "consistent." As my testimony indicates, in each of these years, the NFRTR data report registrations of firearms in years that they cannot legally, or in some cases logically, exist; and that BATF has added firearms to the NFRTR after being confronted with a valid registration document. Because the BATF has consistently given outright false, or misleading, answers to questions about the validity and reliability of the NFRTR data. Perhaps the most damning evidence of knowledge of errors in the NFRTR is contained in a videotaped "Roll Call" training session conducted on October 18, 1995, by then-NFA Branch Chief Thomas Busey. What is particularly damning about the Busey Videotape, in addition page 2 to the comments themselves, is the fact that Mr. Busey's remarks were not "off the cuff" or spontaneous, for the most part. In fact, Mr. Busey can be seen on the videotape reading from a prepared set of remarks, indicating previous knowledge and intent to say what he said. After giving this matter a great deal of thought, I have decided to write to you to because I think it is possible that some BATF employees or agents may not have been honest with the Department of Justice in disclosing exculpatory evidence in prosecutions involving NFRTR records. Through no fault of their own, I think it is possible that some United States Attorneys have been unwitting accomplices to the withholding of exculpatory evidence, because the BATF has not been honest about how messed up their records are. As you may be aware, the House Committee on Government Reform and Oversight directed the Treasury Department Inspector General to independently audit the BATF's firearm registration practices. The reason that I am writing to you, is that such an audit by definition will not cover the possible withholding of exculpatory evidence by United States Attorneys in the Department of Justicethat is, the prosecutors. My perspective on this issue did not result from criminal problems on my part. Instead, it resulted from my research on a small group of rare collector's-item firearms, and complaints by people who inherited these guns that the BATF was claiming the guns were not registered and confiscating them, as my enclosed 1998 testimony further documents. I have no wish to disrupt the grave duties confronting law enforcement officers, or to compromise the very real issue that there definitely are dangerous criminals in the United States who violate gun laws, who must be dealt with harshly. I recognize that my research seems to invariably affect these areas, and I honestly regret that. But I can't sit back and not tell you about valid and reliable evidence of errors in the NFRTR, that BATF officials who deal with these data are aware of their flaws, and that BATF employees and/or special agents may be withholding exculpatory evidence from prosecutors in the Department of Justice. The continued recalcitrance of the BATF in this regard leads me to this conclusion. I believe that, given the evidence presented in my 1998 testimony, it is a real possibility that at least some prosecutions of violations of the NFA by United States Attorneys have been compromised due to the Government deliberately withholding exculpatory evidence. If you or your staff would like additional information, and you think that I could help, please don't hesitate to contact me. Very truly yours, (signed---Eric M. Larson)