From on or about August 1, 1978, and continuing up to and including January 29, 1979, at Dade County, in the Southern District of Florida, the defendants, JOSE A. PUJOL, JAMES HOWELL, JOSE ANTONIO ALVAREZ, did wilfully, knowingly and unlawfully combine, conspire, confederate and agree with each other and with other persons to the Grand Jury known and unknown, to commit offenses against the United States, to-wit: to violate Title 18, United States Code, Sections 922(a)(1) and 922(b)(5). It was a part of said .conspiracy that the defendants would engage in the business of dealing in firearms, and in the course of such business would ship or transport firearms in foreign commerce, to-wit: from Miami, Florida, to The Floriday Republic of Panama, without being licensed to do so. It was further a part of the scheme and conspiracy that JOSE ANTONIO ALVAREZ, although being a Federal firearms licensed dealer, assisted CARLOS WITTGREEN and JAMES HOWELL in the purchase of large quantities of firearms without maintaining proper records thereof pursuant to Title 18, United States Code, Section 923(g). OVERT ACTS In furtherance of and to effect and achieve the unlawful goals of the conspiracy the defendants did at or about the times and locations hereinafter referred to, commit certain overt acts, among which are the following: 1. On or about August 8, 1978, JOSE ANTONIO ALVAREZ purchased six (6) firearms from the Valor Corporation, 5555 N.W. 36th Street, Miami, Florida. 2. purchased On or about September 7, 1978, JOSE ANTONIO ALVAREZ (55) firearms from the Valor fifty-five Corporation, 555 N.W. 36th Street, Miami, Florida. 3. On or about September 8, 1978 JOSE ANTONIO ALVAREZ purchased fifteen (15) firearms from the Valor Corporation, 5555 N.W. 36th Street, Miami, Florida. 4. On or about September 8, 1978, JOSE ANTONIO ALVAREZ purchased two • (2) firearms from South Florida Police Products, Inc., 2072 N.W. 7th Street, Miami, Florida. 5. On or about September 8, 1978, JOSE ANTONIO ALVAREZ ordered one hundred (100) .30 caliber M-1 rifles from Universal Firearms Corporation, 3740 E. 10th Court, Hialeah, Florida. 6. On or about September 12, 1978, JOSE ANTONIO ALVAREZ purchased seventy-seven (77) firearms from the Valor · Corporation, 5555 N.W. 36th Street, Miami, Florida, and subsequently transported the firearms to CARLOS WITTGREEN in the Republic of Panama. :. 7. On or about September 20, 1978, JOSE A. PUJOL ordered a quantity of firearms from Garcia National Gun Shop, 8. On ΟΙ about September 22, 1978, JOSE ANTONIO ALVAREZ purchased eight (8) .30 caliber M-1 rifles from Universal Firearms Corporation, 3740 E. 10th Court, Hialeah, Florida, and subsequently transported the firearms to CARLOS WITTGREEN in the Republic of Panama. 9. On or about September 29, 1978, JOSE A. PUJOL and Edgardo Lopez, the Panamanian Consul in Miami, went to Garcia National Gun Shop, 225 S.W. 22nd Avenue, Miami, Florida. 10. On or about October 9, 1978, JOSE A. PUJOL ordered a quantity of firearms from Garcia National Gun Shop, 225 S.W. 22nd Avenue, Miami, Florida. 11. On or about October 31, 1978, JOSE ANTONIO ALVAREZ and Edgardo Lopez went to Universal Firearms Corporation, 3740 E. 10th Court, Hialeah, Florida, where ALVAREZ received one hundred (100) .30 caliber M-1 rifles. 12. On or about November 6, 1978, JOSE ANTONIO ALVAREZ ordered one hundred fifty (150) .30 caliber M-1 rifles, for CARLOS WITTGREEN, from Universal Firearms Corporation, 3740 E. 10th Court, Hialeah, Florida. 13. On or about November 9, 1978 JOSE ANTONIO ALVAREZ and Edgardo Lopez went to the Tamiami Gun Shop, 2975 S.w. 8th Street, Miami, Florida, where Lopez purchased seven (7) pistols and one (1) shotgun. JOSE ANTONIO ALVAREZ then transported these firearms to The Republic of Panama. 14. On or about November 9, 1978, JOSE A. PUJOL went to Garcia National Gun Shop, 225 S.W. 22nd. Avenue, Miami, Florida, to receive firearms he had previously ordered. 15. On or about January 15, 1979, WALTER MCCOMAS and CARLOS WITTGREEN went to the the Tamiami Gun Shop at 14123 South Dixie Highway, Miami, Florida, where CARLOS WITTGREEN ordered one hundred fifty (150) .30 caliber M-1 rifles. 16 On or about January 15, 1979, JOSE ANTONIO ALVAREZ and JAMES A. HOWELL ordered one hundred fifty (150) .30 caliber M-l rifles from Southern Gun Distributors, 13490 N.W. 45th Avenue, Miami, Florida. 17. On or about January 19, 1979, WALTER MCCOMAS went to The Tamiami Gun Shop at 14123 South Dixie Highway, Miami, Florida. 18. On or about January 23, 1979, WALTER MCCOMAS and CARLOS WITTGREEN went to the Tamiami Gun Shop at 14123 South Dixie Highway, Miami, Florida, where CARLOS WITTGREEN paid for nine (9) .30 caliber M-1 rifles, twelve (12) pistols, and 14,000 rounds of ammunition. 19. On or about January 24, 1979, WALTER MCCOMAS and CARLOS WITTGREEN picked up firearms from the Tamiami Gun Shop and took them to Air Panama, Miami International Airport. 20. Or or about January 29, 1979, JOSE ANTONIO ALVAREZ and JAMES A. HOWELL went to Southern Gun Distributors where JAMES A. HOWELL told the salesman to deliver the one hundred fifty (150) .30 M-1 rifles to Miami International Airport for delivery to Caza y Pesca in the Republic of Panama. Pesca is the company of CARLOS WITTGREEN. Caza y All in violation of Title 18, United States Code, Section 371. COUNT II On or about August 13, 1978, in the Southern District of Florida, and elsewhere, the defendant, JOSE ANTONIO ALVAREZ, being a licensed dealer of firearms, knowingly did deliver to CARLOS WITTGREEN six (6) firearms, without noting in his records, required to be kept pursuant to Title 18, United States Code, Section 923, the name, age and place of residence of CARLOS WITTGREEN; in violation of Title 18, United States Code, Section 922(b)(5).. COUNT III On or about September 11, 1978, in the Southern District of Florida, the defendant, JOSE ANTONIO ALVAREZ, being a licensed dealer of firearms, knowingly did deliver to CARLOS WITTGREEN approximately seventy-two (72) firearms, without noting in his records, required to be kept pursuant to Title 18, United States Code, Section 923, the name age and place of residence of CARLOS WITTGREEN; in violation of Title 18, United States Code, Section 922 (b)(5). COUNT IV On or about September 25, 1978, in the Southern District of Florida, and elsewhere, the defendant, JOSE ANTONIO ALVAREZ, being a licensed dealer of firearms, knowingly did deliver to CARLOS WITTGREEN thirty-eight (38) firearms, without noting in his records, required to be kept pursuant to Title 18, United States Code, Section 923, the name, age and place of residence of CARLOS WITTGREEN; in violation of Title 18, United States Code, Section 922(b)(5). Jon a. Sale for 3. V. ESKENAZI UNITED STATES ATTORNEY Warme Sunfred R. JEROME SANFORD ASSISTANT UNITED STATES ATTORNEY 56-422 O 80 - 8 A TRUE BILL FOREPERSON |