8. On or 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-1 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-l rifles to Miami International Airport for delivery to Caza y Pesca in the Republic of Panama. Pesca is the company of CARLOS WITTGREEN. All in violation of Title 18, United States Caza y 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 J. V. ESKENAZI UNITED STATES ATTORNEY Were Sanfed R: JEROME SANFORD ASSISTANT UNITED STATES ATTORNEY A TRUE BILL FOREPERSON BEFORE ME the undersigned authority personally appeared Special Agent Donald R. Kimbler, of the United States Bureau of Alcohol, Tobacco and Firearms, Miami, Florida, who upon being duly sworn, deposes and says on information and belief: On September 20, 1978, JOSE PUJOL, ordered the following weapons and accessories from Garcia National Gun Shop, 225 S.W. 22nd Avenue, Miami: Ten (10) Remington #742, 30.06 Caliber rifles Ten (10) telescopic sights PUJOL told the salesman that the Panamanian Consul was responsible for everything and that he, PUJOL, was the middle man in the deal. On September 22, 1978, PUJOL returned to Garcia National Gun Shop and signed ATF Form 4473 for the rifles he had ordered. The salesman told PUJOL that he would need a license to export the weapons. PUJOL said he would take the chance in exporting the rifles because he was putting them into the airplane himself. PUJOL made a phone call, and then told the salesman he would be ordering firearms in quantities amounting to $2,000,000.00. PUJOL also said that the weapons were going to Nicaraguan guerilla forces. On September 29, 1978 PUJOL returned to the Garcia National Gun Shop and placed another order for the following weapons and accessories: Three (3) Colt AR-15 rifles Ten (10) Browning 9 mm pistols 3000 rounds of 9 mm ammunition Three (3) telescopic sights for the AR-15 rifles Thirty (30) 30-round magazines Ten (10) Browning 9 mm magazines Later that day, PUJOL went to the Garcia National Gun Shop with EDGARDO LOPEZ, the Panamanian Consul in Miami. LOPEZ signed ATF forms 4473 for the weapons PUJOL had ordered earlier. PUJOL later returned and received the weapons he had ordered. On October 9, 1978, PUJOL ordered approximately $25,000 of weapons and accessories. The order consisted of: Ten (10) Remington #742, 30-06 caliber rifles One (1) Colt AR-15 rifle Twelve (12) Colt 45 caliber pistols Forty (40) Remington 30-06 magazines On November 7, 1978, Edgardo Lopez, Jose Antonio Alvarez, and another Latin male, entered Garcia National Gun Shop at 2:45 P.M. I observed Lopez sign the ATF forms 4473 for the weapons described above and others. On November 9, 1978, LOPEZ, AND ALVAREZ went to the Tamiami Gun Shop, 2975 S.W. 8th Street, Miami, Florida. LOPEZ purchased seven pistols and one shotgun. LOPEZ gave the handguns to ALVAREZ, who then transported the weapons to Panama aboard AIR PANAMA. On November 9, 1978, at about 2:00 P.M. I seized the weapons and accessories which were ordered by PUJOL on October 17, 1978, for which LOPEZ signed the ATF forms 4473. On November 10, 1978, LOPEZ stated to me that he had been involved in at least seven firearms transactions which PUJOL and ALVAREZ which involved the purchase of over two hundred firearms to be exported from the United States. LOPEZ said he had received his instructions from an official of the Panamanian G-2, an intelligence agency of the Republic of Panama. Amald Rambley DONALD R. KIMBLER, SWORN to and SUBSCRIBED before me, this 27 1979, at Dade County Florida, day of April Навим лёдни HERBERT S. SHAPIRO |