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Project Safe Neighborhoods
ONE OF CONNECTICUT'S LARGEST GUN DEALER S PLEADS GUILTY TO FEDERAL FIREARMS CHARGE

          Kevin J. O’Connor, United States Attorney for the District of Connecticut, announced that FRANK D’ANDREA, age 62, of 94 Soundview Avenue, Shelton, Connecticut, pleaded guilty today before United States District Judge Janet C. Hall in Bridgeport to Count One of a 12-count Indictment, which charged him with knowing possession of an unregistered destructive device – namely a 12-gauge Streetsweeper firearm. It is a violation of federal law to possess a destructive device such as a Streetsweeper that is not registered in the National Firearms Registration and Transfer Record.

          According to documents filed with the Court and statements made in court, this matter stems from an investigation into D’ANDREA’s long-term operation of D’Andrea’s Gun Case, formerly of 1420 Barnum Avenue in Stratford, Connecticut, which changed its name to Guns & Safes Unlimited and moved its location to 269 Woodmont Road, Milford, Connecticut. D’ANDREA was a federal firearms licensee (“FFL”) and the sole owner and proprietor of D’Andrea’s Gun Case, one of the largest retail dealers of firearms within the State of Connecticut. D’ANDREA had been active in the industry since 1970, and, according to the results of a 2005 audit conducted by the Bureau of Alcohol Tobacco, Firearms and Explosives (“ATF”), D’ANDREA maintained an inventory of more than 2,500 firearms and had sales of approximately 1,000 firearms each year for the previous three years.

          In 1998, D’ANDREA was cited by ATF regulators for numerous violations of firearm regulations. In 2000, after his store was again inspected and ATF regulators found similar violations, D’ANDREA was given a Warning Letter for repeat violations. In 2001, D’ANDREA was inspected again and was found to be in violation of numerous firearms regulations. D’ANDREA was given another formal Warning Letter, was required to attend a formal Warning Conference with ATF regulators, and was warned at that time that if any violations were disclosed during his next inspection that revocation of his license would be considered.

          Between January 2002 and December 2004, D’Andrea’s Gun Case was the source of the second largest number of guns recovered in connection with crimes in the State of Connecticut.

          In April 2005, ATF Inspectors began conducting another regulatory firearms compliance inspection of D’Andrea’s Gun Case in Stratford. During the course of the inspection, ATF Inspectors began to uncover numerous violations and referred the matter to ATF criminal investigators and the United States Attorney’s Office for further investigation. The audit and investigation revealed numerous alleged violations of federal firearms laws.

          According to documents filed with the Court, several federal criminal defendants who cooperated with the government had reported that, although prohibited from purchasing or possessing firearms themselves in light of their felony convictions, they had easily and openly purchased firearms at D’ANDREA’s store through the use of “straw purchasers.” Straw purchases occur when a person prohibited from purchasing and possessing firearms, such as a convicted felon, purchases or obtains firearms through individuals who are not prohibited persons (the so-called “straw purchasers”), who put the firearms transactions in their names.

          According to documents filed with the court, one such witness who obtained firearms in this manner was Frankie Estrada, who, during the 1980s and 1990s, was the leader of one of the most prolific, profitable and violent drug trafficking organizations in the history of the City of Bridgeport. Beginning in approximately 1986, Frankie Estrada began purchasing firearms at D’Andrea’s Gun Case in Stratford. Estrada was a convicted felon and prohibited from purchasing and possessing firearms, so he would bring along individuals who were not prohibited persons and put the firearms transactions in their names. Estrada estimated that, from 1986 through 1990, he purchased well over 100 firearms directly from D’ANDREA in this fashion. Estrada personally paid D’ANDREA cash for the firearms, but would then have his straw purchaser(s) complete the required ATF forms.

          Estrada stated that he armed his captains, lieutenants and soldiers with these firearms for protection for his narcotics distribution organization. Estrada indicated that many of the firearms were used in shootings and murders, after which they were either discarded or sold in New York for cash and/or narcotics. When necessary, Estrada would then return to D’Andrea’s Gun Case and replenish his organization with new guns.

          Estrada was incarcerated from 1990 to 1995 for a murder conviction, but was subsequently released in 1995 when the conviction was reversed on appeal. Upon his release, Estrada resumed his narcotics trafficking activities and, in approximately 1995, Estrada returned to D’Andrea’s Gun Case and resumed purchasing firearms through the use of straw purchasers. According to Estrada, at this time D’ANDREA warned him about some changes in the firearms laws and regulations – specifically, the requirement that an Federal Firearms Licensee (“FFL”) like D’ANDREA had to report multiple sales of firearms to the same individual at one time or during any five consecutive business days. According to Estrada, D’ANDREA stated that he was getting “heat” from the State relating to his firearms sales and specifically advised Estrada how to structure his straw purchases to avoid the multiple sales reporting requirement and to avoid drawing the attention of law enforcement or firearms regulators. D’ANDREA suggested to Estrada that, from that point forward, he would accept the cash for the guns directly from the persons to whom, on paper, the guns were being sold, rather than accept the cash from Estrada directly as he had in the past.

          Estrada specifically recalled purchasing AK-47's; AR-15's; shotguns; handguns and two Streetsweepers in this fashion. Estrada also stated that he committed a murder using two of the firearms that he purchased from D’Andrea’s Gun Case.

          According to documents filed with the court, another witness was prepared to testify to making 18 straw purchases between July 2005 and January 2006 at D’ANDREA’s store on behalf of convicted felons, and that these straw purchases were conducted in a relatively small store and in an open and obvious fashion. The witness was prepared to testify to going to D’ANDREA’s store with as many as five or six individuals who were prohibited from purchasing firearms accompanying him inside. The individuals would identify the firearms that they wanted and the straw purchaser would then complete the firearms transactions in his name. The witness was also prepared to testify about several specific firearms transactions, including those made on behalf of the leader of a narcotics trafficking crew operating in a particular housing complex in Bridgeport.

          According to documents the Government filed with the court, many additional federal criminal defendants have reported purchasing numerous firearms in similar fashion from D’ANDREA’s store, including one federal defendant who purchased 177 firearms from D’ANDREA in a one-year period. According to the Government’s filing, certain of those guns were recovered in connection with the execution of warrants and in connection with other crimes.

          “Gun store operators are the first line of defense for helping to control the flow of illegal guns onto our streets, and those who blatently disregard federal firearms possession and reporting laws will be investigated and prosecuted,” U.S. Attorney O’Connor stated. “I want to commend the ATF special agents and inspectors who work so hard to enforce these laws and, in this case, helped to put a serial violator out of business.”

          Today, D’ANDREA pleaded guilty to the unlawful possession of an unregistered destructive device. Federal law not only requires certain types of firearms and devices to be registered, but also requires gun dealers to keep a full and complete record of all firearms that they obtain, sell or otherwise transfer in their “Acquisition and Disposition” (“A&D”) Record. According to documents filed with the court and statements made in court, during the ATF regulatory audit, ATF inspectors found numerous unregistered firearms that were unlawfully kept off D’ANDREA’s books. One such firearms was an unregistered Cobra Streetsweeper, bearing serial number SH4713. The firearm was a semi-automatic 12-gauge shotgun with a large, rotating barrel or drum. The Streetsweeper was acquired by D’ANDREA during an estate sale. Although all of the other firearms acquired from the estate sale were properly recorded in D’ANDREA’s A&D record, the unregistered Streetsweeper was kept off the books.

          ATF investigators located the unregistered and “off book” Streetsweeper in a back room in D’ANDREA’s store. During the audit, ATF inspectors found an additional unregistered Streetsweeper in a back room of D’ANDREA’s store, and 15 additional “off book” firearms hidden behind a number of large safes in his store. According to documents and records, D’ANDREA had previously properly registered Streetsweepers and was aware of the registration requirements.

          The ATF investigation also determined that, during the pendency of the audit, D’ANDREA shipped approximately seven other firearms that were unlawful for him to possess out of his store in order to avoid their discovery during the audit. The Government’s evidence in this regard included Federal Express shipping records, the testimony of the gun broker who brokered the exchange, the testimony of the gun dealer who received the firearms, and the testimony of a former employee at D’ANDREA’s store.

          In addition to pleading guilty to the unlawful possession of the unregistered, off-book Streetsweeper, D’ANDREA agreed that the Government would be able to prove the existence of other relevant conduct, including that people bought firearms for other persons, and D’ANDREA knew or should have known that those other persons were prohibited from possessing or purchasing such firearms.

          Judge Hall has scheduled sentencing for April 20, 2007, at 3:00 p.m., at which time D’ANDREA faces a maximum term of imprisonment of 10 years and a fine of up to $10,000.

          Federal law also prohibits anyone with a felony conviction from possessing firearms or from being a licensed gun dealer (or a “federal firearms licensee,” or “FFL”).

          Special Agents and Inspectors of the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted this investigation. The case is being prosecuted by Assistant United States Attorneys Stephen Reynolds and James I. Glasser.

          The Project Safe Neighborhoods Initiative is aimed at reducing gun violence, deterring illegal possession of guns, and improving the safety of residents of Connecticut’s cities. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.

 

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