Date: Wed, 14 Jun 95 11:15:41 CDT From: [e--aw--n] at [netcom.com] (Ed Lawson) Subject: A Major win!! Quoted under fair use.. from the San Jose Mercury News June 14, 1995: Ammo raid fiasco will cost taxpayers By TOM SCHMITZ Mercury News Staff Writer What started out as the biggest seizure of illegal ammunition in U.S. history became a history-making fiasco Tuesday after federal authorities agreed to give back all the 74 million rounds of ammunition they hauled out of a Santa Clara warehouse and pay the return freight at taxpayer expense. The decision brings an embarrassing end to a high-profile case that investigators had hoped would bring arrests, the confiscation of a dangerous arsenal and a public warning to those who traffic in black-market weapons. Instead, last month's raid on Eagle Exim Inc. has left the government with nothing but a very public black eye. Federal prosecutors have signed an agreement pledging to release all the items seized from the company and take no further legal action against the importer. Neither U.S. Customs Service officials nor the Justice Department would comment on the case. But company representatives were quick to say what the government would not. ``They were wrong,'' said company president Donald St. Pierre Jr. ``Dead wrong.'' When they raided Eagle's offices on May 3, Customs agents accused the company of using falsified documents to smuggle Russian and Chinese 7.62mm cartridges, a type of ammunition commonly associated with assault-style rifles. They described the stockpile as sufficient to arm a small nation and used the seizure to highlight what they call a civilian threat posed by weapons designed for warfare. But Eagle Exim fought back, insisting it had done nothing illegal and charging the government with grandstanding in the wake of the Oklahoma City bombing. Now that the case has crumbled, legal experts suspect that's exactly what may have happened. Agencies `raw-nerved' ``Clearly, the (Customs) service got caught up in the heat of the moment,'' said Joseph Russoniello, former chief federal prosecutor for the Bay Area. ``At that point in time, the agencies were raw-nerved about such things as ammunition and explosives. . . . Everybody would be extra careful to make sure there was no slippage on their watch.'' Given the political pressure that surrounds such cases, the government's total capitulation is equally remarkable, said Robert Weisberg, who teaches legal procedure at Stanford Law School. ``It seems that their probable cause dissolved completely,'' Weisberg said. ``This kind of thing shouldn't happen.'' Exactly what did happen may never be known. But Eagle attorneys say they believe Customs agents eager to make a case used the Oklahoma bombing as an excuse to dust off a year-old tip from a confidential informant identifying Eagle as a smuggler of contraband ammunition. Series of errors Rather than check the accuracy of the tip, the agents rushed to get a search warrant for a raid. But their information was so bad that the raiding party initially showed up at the wrong address, bursting in on a precision metalworking shop in a building Eagle had moved out of months before. Problems continued to surface after the seizure. In legal papers filed to secure the search warrant, Customs officials accused Eagle of trading in Chinese ammunition, now banned under U.S. trade law. Eagle pointed out that all the cartridges in its warehouse had hollow-point bullets, a type China does not make. Within days, red-faced investigators agreed to return more than a quarter of the cartridges. Lawyers for the company challenged the legality of the search warrant and petitioned a court to return the entire stockpile. Customs officials continued to hint that charges would be filed. But a week before the case was due to go before a federal judge, prosecutors told Eagle they were dropping their criminal investigation and instead considering a civil complaint, allowing them to continue to hold the ammunition. That case was supposed to be filed today. Eagle attorneys now dismiss it as a desperate attempt at damage-control. And with the ammunition on its way back, the only thing Eagle hasn't won is an apology. ``That's the one thing they could do -- they could apologize,'' said company attorney William Nickerson. ``If this isn't evidence of being wrong, what the hell is?'' Loss put at $250,000 Meanwhile, Eagle is adding up the damages from the raid, which it estimates has already cost more than $250,000 in lost sales and legal fees. The company also lost the ability to store ammunition in its Santa Clara warehouse after city officials said it posed a safety hazard. For the moment, the stockpile is at a site in Oakland. ``What we're going to have to do now is find an alternative place to store our merchandise when they release it,'' St. Pierre said. The company has agreed not to file its own suit against the government. As for the Customs officials who ordered the raid, they probably are facing an internal inquiry, said Russoniello. ``I would be very surprised if they weren't doing that,'' he said. Yet although the government may have blundered in raiding Eagle Exim, the public shouldn't take the incident as a troubling example of federal agencies abusing their powers, Russoniello said. ``I'd be more worried about what's going to happen to the 74 million rounds of ammunition,'' he said. ``I'm glad somebody was looking at it and asking questions.'' ********************************************************* Ed Lawson, Austin "The appearance of evil is often fax worse than evil, itself. Pure evil (512)329-8574 (512)329-0475 has sense enough to disguise itself as "good." So people combat the appearance of evil and let pure evil go unchallenged." L. Oboe Atzul, June 1995 *********************************************************