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A0 91 (Rev. 02/09) Cdmmal Complaint amber 

UNITED STATES DISTRICT COURT JUN 1'2 2019~

for the

 

 

Southern District of Texas ?int: ?T?I.Bradley? 018312
United States of America 
Jose Omvalr GARZA i Case NO- M?kq [306,1 
YOB: 1983 COB: Mexico .
Defendant 
CRIMINAL COMPLAINT

I, the cOmplainant in this case, state that the following is true to the best of my knowledge and belief.

On or about the date of 01/24/2019 in the-county of Starr in the Southern District of

Texas the defendant violated Title 18 U. S. C. 924(a)(1)(A)
an offense described as follows: . 

Whoever, knowingly makes any false statement or representation with respect to the information required to be kept in
the records of a federal ?rearms licensee.

mama by -. {as a {Tn-Wu 5 
This criminal complaint is based on these facts: 1 A

SEE ATTACHMENT A

Continued on the attached sheet.

   

    

Complainant ?s Signatu 

 

Candace Garza, ATF Shgcial Agent

Printed name and title

Sworn to before me and signed in my presence.

I . Judge '5 signature
City and state; McAllen, TX J. Sc Hacker, us. Magistrate Judge

Printed name and title 

 

 

A0 91 (Rev. 02/09) Criminal Complaint


4

ATTACHMENT A

This af?davit is in support of a'criminal complaint charging Jose Omar GARZA hereinafter referred to as
with the criminal violation set forth- in Attachment A. The evidence available to me demonstrates
that there is probable cause that GARZA has violated Title 18 U.S.C. Section 924(a)(1)(A) which provides as
follows: Whoever, knowingly makes any false statement or representation with respect to the information
required to be kept in the records of a federal ?rearms licensee (F FL).

Further, the Af?ant states as follows:

On or about January 28, 2019, ATF discovered GARZA had purchased several ?rearms from March 2016
through January 2019 from Federal Firearms Licensees (FFLs) located in the Hidalgo, Starr, and Webb
counties. ATF Form 44733 were obtained for ?rearm purchases, which revealed GARZA purchased
approximately one-hundred and eighty six (186) ?rearms since September 2015. The aforementioned forms
also revealed the listed address for GARZA was located in Houston, TX. Agents attempted to make contact
with GARZA at the location listed on the ATF Form 44735 with negative results. 

On June 11, 2019, your af?-ant was contacted by Customs and Border Protection Of?cers (CBP) at the Falcon
Dam, TX Port of Entry (POE) advising agents that GARZA had'attempted to cross into the United States via
the port. Agents made contact with GARZA and was subsequently interviewed.

During a Post-Miranda interview of GARZA, GARZA stated he had purchased the aforementioned ?rearms for
a male subject he knew as GARZA further stated he was provided payment from for
each ?rearm transaction he completed. Speci?cally, GARZA admitted to lying on question 11(a) of the ATF
Form 4473 when he checked the box as the actual buyer of the ?rearms when he knew the four (4) small
'Caliber pistols he purchased on January 24, 2019 from an FFL located in Starr County, TX were for 

Additionally, GARZA admitted that he had been residing in Mexico for approximately one (1) year. GARZA
further stated that he did not live at the residence located in Houston, TX when he ?lled out question #2 on the
ATF Form 4473, which asks the purchaser to state their current state of residence and address, when he
(GARZA) purchased the aforementioned ?rearms on January 24, 2019.

Your af?ant knows that FFLs are required to keep the ATF Form 4473 (Firearms Transaction Record) which is
completed by the purchaser, which includes information regarding the name, age, current residence of the
purchaser, and the purchasers certi?cation that he or she is not prohibited from possessing ?rearms.
Furthermore, the purchaser must certify that their answers on ATF Form 4473 are true, correct and complete.

A0 91 (Rev. 02/09) Criminal Complaint

ATTACHMENT A

Moreover, the ATF Form 4473 also warns the buyer that making a false statement on the ATF Form? 4473 is a
felony offense. Lastly, any false statement or representation made on ATF Form 4473, which is inforniation
required to be kept in the records of a federal ?rearms licensee, is a violation of 18 USC