March 19, 2012 5:19 PM
The prime suspect in the botched gun trafficking
investigation known as "Fast and Furious" -- Manuel Acosta -- was
taken into custody and might have been stopped from trafficking weapons to
Mexico's killer drug cartel early on. But the Bureau of Alcohol, Tobacco and
Firearms (ATF) let him go, according to new documents obtained by CBS News.
An ATF "Report of Investigation" obtained by CBS
News shows Border Patrol agents stopped Acosta's truck on May 29, 2010.
Inspectors said they found illegal materials including an "AK type, high
capacity drum magazine loaded with 74 rounds of 7.62 ammunition underneath the
spare tire." They also noted ledgers including a "list of firearms
such as an AR15 short and a Bushmaster" and a "reference about money
given to 'killer.'"
The Border Patrol ran a check and found Acosta was already
"under investigation for firearms trafficking" in Fast and Furious,
so they called in the lead ATF case agent Hope MacAllister. Under questioning,
Acosta allegedly described his contacts with a Mexican cartel member nicknamed
"Chendi," and admitted going to Chendi's house for a shipment of
narcotics.
But ATF knew even more about Acosta's alleged illegal
activities than what he described in the interview. ATF trace records showed
"a large number of the weapons purchase by the Acosta organization are AK
type rifles or FN Herstal pistols" which Acosta referred to as "cop
killers" and said were preferred by drug cartels.
Instead of pursuing charges, Agent MacAllister asked Acosta
if he'd be willing to cooperate with federal agents. He agreed and was
released. Apparently, the promised cooperation never materialized. The report
notes that 17 days after Acosta was let loose, he still had "not initiated
any contact with Special Agent MacAllister."
In a letter today, Congressional Republicans investigating
Fast and Furious asked the Justice Department why Acosta wasn't arrested in May
of 2010. They also want to know why the Justice Department failed to turn over
the documents on Acosta's detainment and release, which were covered under a
longstanding subpoena.
One law enforcement source calls the Acosta report
"completely embarrassing." "He's exporting ammunition, which is
a violation of law," says the source. "But they let him go."
Before releasing Acosta, MacAllister wrote her contact
information on a $10 bill at Acosta's request, gave it to him, then warned him
"not to participate in any illegal activity unless under her
direction."
Acosta wasn't arrested until Feb. 2, 2011, more than eight
months after the Border Patrol stop. By then, ATF had allowed more than 2,000
weapons to "walk" into the hands of Mexican drug cartels, and two of
the rifles had turned up at the murder scene of Border Patrol Agent Brian
Terry.
The Justice Department and ATF had no immediate comment. ATF
officials who approved of Fast and Furious have said they were trying to get to
the "big fish" in a drug cartel.
In a related case also run by ATF's Phoenix office, CBS News has reported a grenade parts trafficker
named Jean Baptiste Kingery was caught smuggling 114 disassembled grenades in a
tire in 2010, but was released. The same prosecutors faulted in Fast and
Furious allegedly refused to bring charges saying grenade parts are
"novelty items" and the case "lacked jury appeal." Mexican
authorities arrested Kingery a year later at a stash house with enough
materials for 1,000 grenades.
The Inspector General has been investigating Fast and
Furious for more than a year. Attorney General Eric Holder, who's denied
knowing about any gunwalking, has said use of the "inappropriate tactics
is neither acceptable nor excusable."
The Justice Department had no immediate comment. ATF told
CBS News: "The criminal case is still ongoing in federal court, and there
is also inspector general's investigation looking at the overall case.
Therefore, ATF cannot comment about the investigation.
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