U.S. Department of Justice Office of Professional Responsibility Washington, D.C. 20530 June 17, 1998 Mr. Eric M. Larson P.O. Box 5497 Takoma Park, MD 20913 Dear Mr. Larson: This is in response to your letters dated May 26 and May 31, 1998, providing further information concerning possible problems with prosecutions under the National Firearms Act. In your latest letters, you reiterated your earlier statement that some prosecutions of violations of the National Firearms Act may have been compromised because employees of the Bureau of Alcohol, Tobacco and Firearms (BATF) withheld exculpatory evidence about problems with the system of firearms registration. You asked that this Office look into your allegations. Although the matters described in your letters raise serious issues about evidence introduced in federal criminal trials, your letter of May 26 makes it clear that you are not aware of any misconduct by federal prosecutors in this regard. This Office has jurisdiction over allegations of misconduct by Department of Justice employees, but not over allegations of misconduct by BATF employees. Accordingly, we have no authority to conduct the sort of inquiry you are requesting. You also note in your letters that the issue you have raised currently is being reviewed by the Inspector General for the Department of the Treasury. If that review should find that any person knowingly concealed or withheld exculpatory evidence in connection with a federal proceeding, the Inspector General is required by law to report such findings to the Attorney General. [footnote 1] _______________ [Footnote 1] The Inspector General Act of 1978, Title 5, U.S. Code Appendix 3, Section 4, provides, in part: In carrying out the duties and responsibilities established under this Act, each Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. ------------------------------------- page 2 Thank you for providing this further information. Sincerely, (Signed) Richard M. Rogers Richard M. Rogers Acting Counsel