Transcription
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 1 of 35DECLARATION OF SPECIAL AGENT KATHERINE D. ARMSTRONGI, Katherine D. Armstrong, do hereby declare:Training and Experience1.I am a Special Agent (SA) of the Federal Bureau of Investigation (FBI) andhave been so employed for approximately two (2) years. I am currently assigned tothe FBI’s Portland Division and am part of the violent and organized crime squad.In 2014, I successfully completed twenty-one (21) weeks of training at the FBIAcademy located in Quantico, Virginia. During that time, I was taught the use andpractical application of various investigative techniques that Federal lawenforcement officers are allowed to employ.2.In addition to my formalized training in violations of the law at the FBIAcademy, I have also acquired knowledge and information pertaining to violationsof federal law from numerous other sources, including: formal and informal trainingby other law enforcement officers and investigators, informants, and myparticipation in other investigations. Prior to joining the FBI, I was a prosecutorwith the Philadelphia District Attorney’s Office for approximately two-and-a-halfyears and briefly worked in the private sector as a civil litigator. I attended lawschool at Temple University in Philadelphia, Pennsylvania, and have been admittedto practice law since October 2010.Purpose of Declaration and Background of the Investigation3.This declaration is made in support of the Complaint in rem for the forfeitureof 50 firearms and assorted ammunition described below. The facts set forth in thisDeclaration of Katherine D. ArmstrongEXHIBIT A PAGE 1Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 2 of 35declaration are based on the following: my own personal knowledge; knowledgeobtained from other individuals during my participation in this investigation,including other law enforcement officers; my review of records related to thisinvestigation; communications with others who have knowledge of the events andcircumstances described herein; and information gained through my training andexperience. Because this declaration is submitted for the limited purpose ofestablishing probable cause in support of the forfeiture of the defendants in rem, itdoes not set forth each and every fact that I or others have learned during thecourse of this investigation.4.Federal law provides that it is unlawful under 18 U.S.C. § 372 to conspire toimpede officers of the United States from discharging their duties by force,intimidation, or threat. Under 18 U.S.C. § 924(d), any firearm or ammunitioninvolved in or used in any violation of any criminal law of the United States issubject to seizure and forfeiture. As described below, each of the defendants, inrem, was involved in or used in a conspiracy to impede officers of the United States,in knowing and willful violation of 18 U.S.C. § 372, and is therefore forfeitable tothe United States pursuant to 18 U.S.C. § 924(d).5.On January 2, 2016, several hundred unidentified individuals participated ina protest in Burns, Oregon, related to the resentencing of local ranchers Steven andDwight Hammond following their criminal convictions by a jury. Following theprotest, certain now-indicted conspirators entered the Malheur National WildlifeRefuge (MNWR), blocked the entrance, and began an unlawful armed occupation ofDeclaration of Katherine D. ArmstrongEXHIBIT A PAGE 2Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 3 of 35several buildings within the MNWR. The MNWR and all buildings located thereonare federal property and facilities located in Harney County in the District ofOregon. The armed occupation of the MNWR was continuous and ongoing fromJanuary 2, 2016, until the occupation ended in the morning hours of February 11,2016.6.At the time of the takeover of MNWR, those involved in the initial entry andoccupation (occupiers) carried out the initial clearing of buildings on MNWR whilemost were armed with rifles. The individuals cleared the buildings in a tacticalmanner while armed. Occupiers also moved MNWR vehicles into positions thatblocked entrances to the MNWR. Occupiers moved heavy equipment in front of atleast one entrance to the MNWR as well.7.The MNWR is staffed by employees of the United States Fish and WildlifeService (USFWS). As a result of the armed occupation of the MNWR by the knownconspirators and others, employees of the USFWS who work at the MNWR wereprevented from reporting to work during the occupation because of threats ofviolence posed by the defendants and others occupying the property. Sixteen (16)federal employees work at the MNWR, including one federal law enforcement officerand a volunteer coordinator who lived on the Refuge before the armed takeover andworks in the visitor center. The MNWR was closed on January 2, 2016, and portionsof the facility that occupiers used remain closed to the public as of the date of thisdeclaration. Employees were allowed to return to work at the MNWR on or aboutFebruary 29, 2016.Declaration of Katherine D. ArmstrongEXHIBIT A PAGE 3Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MA8.Document 1-1Filed 06/10/16Page 4 of 35Due to the presence of armed individuals occupying MNWR, and also uponlearning that some of the occupiers’ supporters were still in the Burns area, theBureau of Land Management (BLM) made the decision to close the Burns DistrictOffice, located at 28910 Highway 20 West, Hines, Oregon, 97738. The BLM officewas closed during the entire time the MNWR was unlawfully occupied. This actionwas taken out of concern for the safety of the approximately 80 employees who workthere.9.Throughout the armed occupation, many occupiers were photographed bylocal, state, and national news media outlets carrying guns on their person.Occupiers were photographed carrying both long guns and pistols in clearly visibleholsters. The carrying of these weapons was intended as a show of force andintimidation.10.Individuals who participated in the armed occupation of MNWR madestatements concerning the possession of firearms --- including the need foradditional firearms to be brought by additional supporters to MNWR --- so that thedemands they made would be taken seriously, so they could defend themselves iflaw enforcement officers engaged with them, and because they were conductingsecurity patrols of MNWR. Additionally, several armed occupiers stated they wouldnot leave without their demands being met, and were willing to die at MNWR. Forexample, occupier Jon Ritzheimer stated on several social media websites that hewould not be arrested and, “I want to die a free man.” Ritzheimer made furthervideo-taped statements such as “I am one hundred percent willing to lay my lifeDeclaration of Katherine D. ArmstrongEXHIBIT A PAGE 4Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 5 of 35down to fight against tyranny in this country,” and while addressing his family, saidthat no matter what, “just know that I stood for something, don’t let it be in vain.”Occupiers Blaine Cooper and Jon Ritzheimer posted a video to YouTube on January4, 2016. In the video, Ritzheimer stated, “we need you to get here and stand with us.More than anything. Whether you are armed or unarmed, you get up here.”11.In public meetings preceding the takeover, both Ryan Payne and AmmonBundy, characterized by other occupiers as leaders in the armed occupation, statedthat the intent of their effort was to remove the federal government from HarneyCounty and to prevent the Hammonds from spending one more night in jail. Duringthe first few days of the armed occupation, indicted co-conspirator Pete Santilli usedhis YouTube Channel to provide live-stream coverage of the events in Burns,Oregon. During one of these live-stream sessions late at night on January 5, 2016,Joseph O’Shaughnessy was interviewed and stated, “I’m right now in the process oftrying to set up a constitutional security protection force to make sure that thesefederal agents and these law enforcement don’t just come in here like cowboys,that’s we have to prevent that ”12.During an interview on a national news morning show, which was filmedduring the occupation, Ammon Bundy stated the occupiers were armed because “Weare serious about being here. We’re serious about defending our rights, and we areserious about getting some things straightened out.” When asked if he anticipatedthe occupation would lead to violence, Bundy responded, “Only if the governmentwants to take it there.”Declaration of Katherine D. ArmstrongEXHIBIT A PAGE 5Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MA13.Document 1-1Filed 06/10/16Page 6 of 35On January 5, 2016, in a video taken by indicted co-conspirator Pete Santilliand posted to YouTube, Jon Ritzheimer stated, “last word we got is they’re headedout here,” in reference to the belief the armed occupiers held, that they were goingto be raided by the federal government. Ritzheimer goes on to state, “they’re headedout here, uh, so we are trying to plan and maintain a defensive posture.” In thevideo, Ritzheimer can be seen carrying what appears to be, based on my training,experience, and knowledge of firearms, an AR-15 style rifle with a sling.14.The armed occupiers would often hold press briefings on MNWR grounds.During a press briefing videotaped on January 3, 2016, Ammon Bundy stated, “Weare calling people to come out here and stand,” and “We need you to bring yourarms and we need you to come to the Malheur National Wildlife Refuge.” At onepoint during the armed occupation, environmental activists attended to holdcounter protests. During one of these press briefings and counter protests, anenvironmental activist was accused by indicted co-conspirator Pete Santilli of beingan undercover FBI agent. I reviewed an interview of the activist accused of being anundercover agent, and learned that when the accusation was levied, the crowdbecame ugly, at which point the activist and a friend who also attended left thescene as they feared for their safety.15.According to numerous reports and interviews I read concerning this matter,armed occupiers conducted security patrols and performed guard duty both in awatchtower overseeing the MNWR and at front and back entrances to the MNWR.Patrol and guard duties typically required occupiers to carry either a sidearm orDeclaration of Katherine D. ArmstrongEXHIBIT A PAGE 6Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 7 of 35have access to a long gun. Ryan Payne, along with other unknown unindicted coconspirators, provided guidance to other occupiers concerning tactics, and occupierswere placed into “teams” to split up guard shift and patrol duties. When not onduty, some teams would practice patrol movements. There was firearm training atthe refuge as well, though not all occupiers participated.16.On January 26, 2016, at approximately 4:25 p.m., the FBI and the OregonState Police began an enforcement action to take into federal custody individualsinvolved in the armed occupation of the Malheur National Wildlife Refuge. Shotswere fired during the arrest, and LaVoy Finicum was killed. Ryan Bundy wasinjured. The following individuals were taken into custody: Ammon Bundy, RyanPayne, Ryan Bundy, Brian Cavalier, and Shawna Cox. During separate events inthe evening of January 26, 2016, Joseph O’Shaughnessy and Peter Santilli weretaken into custody as well. Jon Ritzheimer was taken into custody in Arizona on thesame day.17.On January 26, 2016, Ammon Bundy, Ritzheimer, O’Shaughnessy, Payne,Ryan Bundy, Cavalier, Cox, and Santilli were charged by Criminal Complaint withthe felony crime of Conspiracy to Impede Officers of the United States fromdischarging their official duties through the use of force, intimidation, or threats, inviolation of Title 18, United States Code, Section 372.18.On January 28, 2016, Duane Ehmer, Dylan Anderson, and Jason Patrickwere charged by Criminal Complaint with the felony crime of Conspiracy to ImpedeOfficers of the United States from discharging their official duties through the useDeclaration of Katherine D. ArmstrongEXHIBIT A PAGE 7Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 8 of 35of force, intimidation, or threats, in violation of Title 18, United States Code,Section 372.19.As described above, the individuals initially charged by criminal complaintand later indicted by a grand jury, most of whom were armed, worked together withmany additional unindicted actors, both known and unknown, to control federalproperty while refusing to leave, intending to impede and prevent by force thefederal officials who worked on and used that property from performing their officialduties. The use and display of firearms was integral to this conspiracy.Seized Firearms and Ammunition Subject to Forfeiture20.After the death of Finicum and arrest of Ammon Bundy and other leaders ofthe occupation on January 26, 2016, remaining occupiers of MNWR began to leavethe refuge. By the early morning hours of January 27, 2016, law enforcementofficers had established a series of checkpoints at major roads in and out of MNWR.Prior to the checkpoints being established, several vehicles left the refuge. Some ofthese occupiers may have left with weapons, as they left prior to a later lawenforcement instruction to occupiers to leave MNWR without their weapons.21.Several occupiers refused to leave MNWR grounds by January 28, andestablished an encampment area outside on the west side of MNWR. Theseindividuals engaged in lengthy negotiations with FBI. As mentioned above, it wascommunicated to these final occupiers that they were to leave MNWR without theirweapons.Declaration of Katherine D. ArmstrongEXHIBIT A PAGE 8Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MA22.Document 1-1Filed 06/10/16Page 9 of 35The occupations ended on February 11, 2016 when the last occupier, DavidFry, surrendered to FBI agents at MNWR.23.A search of MNWR commenced on February 12, 2016 at approximately 8:00a.m. The search ended on February 23, 2016 at approximately 2:38 p.m. Consent tosearch all MNWR facilities and property was given by Federal Wildlife Officer JohnMegan.24.Throughout the armed occupation, occupiers were seen driving governmentvehicles. These vehicles were also searched by FBI agents. Consent to search thosevehicles was also given by Federal Wildlife Officer John Megan.25.During the search of MNWR facilities and property, 14 privately ownedvehicles were determined to be present on MWNR property. On February 19, 2016,a search warrant was signed and agents began to search those vehicles.26.In all, a total of 23 structures, nine (9) exterior locations, 14 privately-ownedvehicles, and numerous government-owned vehicles were searched.27.During the search, the following ammunition was seized from the MNWRguard tower (Building 21):Item Group No.3328.Item DescriptionOne (1) round of ammunition with “04, 75” markingsThe following ammunition was seized from the RV Park Day Room (Building15):///Declaration of Katherine D. ArmstrongEXHIBIT A PAGE 9Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MAItem Group No.3429.Document 1-1Filed 06/10/16Page 10 of 35Item DescriptionSixteen (16) .223 caliber ammunition rounds, packaged incontainer found separately35Two (2) magazines each with large caliber bullets, no serialnumber visible36One (1) box of Remington brand buckshot, 12-gauge,containing (5) shotshellsThe following ammunition was seized from the three-bedroom bunkhouse(Building 17) located on MNWR:Item Group No.37Item DescriptionOne (1) unspent rifle ammunition round, 7.62 x 5438One (1) unspent rifle ammunition round, 7.62 x 5439One (1) box of “Red Army Standard” 7.62 x 54R cartridges,containing nineteen (19) unspent cartridges40One (1) box of “Red Army Standard” 7.62 x 54R cartridges,contains six (6) unspent cartridges41Three (3) boxes of “ZQ Ammunition”, 7.62 x 51mm riflecartridges, with two (2) full boxes containing twenty (20)rounds and one (1) box containing four (4) rounds, all unspent42Thirty-five (35) rifle rounds, unspent, unknown caliber43One (1) unspent 7.62 x 54 ammunition round44One (1) Smith & Wesson .40 caliber ammunition round45One (1) full box of “AR Tactical” “22 Long Rifle” .22 caliberammunition roundsDeclaration of Katherine D. ArmstrongEXHIBIT A PAGE 10Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MA30.Document 1-1Filed 06/10/16Page 11 of 35The following ammunition was seized from the maintenance shop (Building12) located on MNWR:Item Group No.4631.Item DescriptionForty-one (41) unspent rifle rounds, .223 caliber47One (1) unspent rifle round, .223 caliber48One (1) unspent rifle round, .223 caliber49One (1) 12-gauge shotgun shell, red and gold in color50One (1) unspent rifle round, .233 caliber51One (1) unspent rifle round, .223 caliber52One (1) rifle magazineThe following ammunition was seized from the new fire shop (Building 19)located on MNWR:Item Group No.5332.Item DescriptionThree (3) magazines containing ammunition54Four (4) shotgun shells55Six (6) shotgun shells56One (1) 7.62 round57One (1) loaded magazineThe armed occupiers who stayed on the refuge after January 28, 2016,created an outdoor encampment on the west side of MNWR. The encampment waslocated adjacent to a trench and when searched between the dates of February 15Declaration of Katherine D. ArmstrongEXHIBIT A PAGE 11Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 12 of 35and February 19, 2016, contained abandoned property, government-owned vehicles,and privately-owned vehicles. The following firearms and ammunition were seizedfrom the west encampment:Item Group No.58Item DescriptionDefense Procurement Manufacturing Services (DPMS), modelPanther, .223 caliber, serial number FH218222, with shoulderstock, strap, bipod, tactical grip and Vortex Strikefire scope59Anderson Manufacturing, model AM15, multi-caliber, serialnumber 15120075, with shoulder stock and sight60Remington Arms Company, Inc., model 740, serial number18173, with strap61Tula (Russian) rifle, model SKS, .762 caliber, serial number255, with attached bayonet62Izhmash (IMEZ) - RA, model Saiga, .223 caliber, serial numberH0916341463“The Rifle Specialist”, model PRS-15, 5.56mm, serial numberPRS 10001112, with scope64Smith & Wesson, model 10, .38 caliber, serial numberD32058465Hi-Point, model C9, 9mm pistol, serial number P130174866One (1) white cardboard box sealed and said to contain 250 12gauge shotgun shells67One (1) white cardboard box sealed and said to contain 1,0005.56mm cartridges68One (1) green plastic Cabelas-brand ammunition box sealedand said to contain 900 7.62mm cartridges69One (1) green metal ammunition box sealed and said tocontain 100 30-30 cartridgesDeclaration of Katherine D. ArmstrongEXHIBIT A PAGE 12Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 13 of 3570One (1) green plastic ammunition box sealed and said tocontain 670 5.56 cartridges71Ammunition described as: “10 shotgun shells; Excess of 3507.62x39 cartridges”72Ammunition described as: 20 - 22.250 Rem; 27-7.62x39, 700 .22; 8 - 30-30; 40 - 7.62x54; 40 - 45 Auto; 48-9mm7374Ninety (90) shotgun shells, three (3) .223 cartridges, one (1) .45auto cartridge, and one (1) 30-30Twenty-seven (27) .223 cartridges75Two (2) magazines with cartridges76Seven (7) 7.62x39 cartridges77Six (6) 6.38 caliber cartridges78One (1) magazine containing forty-five (45) 5.56 cartridges79One (1) magazine and seventeen (17) cartridges80Three (3) magazines (empty) and 156 live rounds, 9mm Luger81Two (2) magazines and fifty-nine (59) cartridges82Two (2) magazines containing 5.56 mm cartridges83One (1) magazine containing cartridges84Cartridges: Ten (10) 30-06, seventy-six (76) 300 Winchesterand ninety-six (96) 7.6285Sun City Machinery Co., 12-gauge shotgun, model Stevens320, serial number 134744C86Tennessee Arms, model TNARMS-15, 556 NATO caliber,serial number 1527410852, with shoulder stock87Amadeo Rossi, model type not provided, 38 special, serialnumber D254978Declaration of Katherine D. ArmstrongEXHIBIT A PAGE 13Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 14 of 3588Benelli, model Nova, 12-gauge, serial number Z492773, withstrap89Smith & Wesson, model 686, .357 caliber, serial numberAWT709190Sig Sauer, model P220, .45 caliber, serial number G17140191Remington Arms Company, model 783, .308 caliber, serialnumber RM93637F, with strap, scope, and bipod92Sturm Ruger, model Mini 14, 5.56 NATO caliber, serialnumber 583-11135, with shoulder stock93Ruger, model Mini 14, .223 caliber, serial number 187-05936,with strap bearing the name “Sage”94Winchester 12-gauge shotgun, model 1300 Defender, serialnumber L3624942, with external shotgun shell holder95Mossberg, model 500A, 12-gauge, serial number U34853696Taurus, model PT740 Slim, .40 caliber, serial numberSGT3432997Jimenz Arms, model J.A. 380, .380 caliber, serial number09387798Five (5) shotgun shells99One (1) magazine containing Remington .223 caliber roundsand one (1) loose, .223 caliber round100Five (5) .38 Special rounds101One (1) Tapco magazine containing 7.62 rounds102Five (5) shotgun shells103Six (6) .357 caliber rounds104Three (3) magazines containing .45 caliber rounds and one (1)loose, .45 caliber roundDeclaration of Katherine D. ArmstrongEXHIBIT A PAGE 14Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 15 of 35105One (1) magazine containing .308 caliber rounds and one (1)loose, .308 caliber round106Two (2) magazine containing .223 caliber rounds107One (1) magazine containing .223 caliber rounds108One (1) magazine containing .223 caliber rounds and one (1)loose, .223 caliber round109Fourteen (14) shotgun shells110One (1) magazine containing 40 caliber rounds111One (1) magazine containing 380 rounds112One (1) white cardboard box sealed and said to contain: 50(fifty) 12-gauge shells; 15 (fifteen) .308 rounds; 300 (threehundred) rounds Remington 22 Thunderbolt; 500 (fivehundred) .223 rounds contained in 8 (eight) magazines; 200(two hundred) .45 rounds in one (1) blue bag; 25 (twenty-five).40 rounds in one (1) blue bag; 25 (twenty-five) 9mm roundscontained in 3 (three) magazines113Ammunition described as: 6 - 12-gauge shotgun shells; 4 - 7.62cartridges; and 2 - .45 caliber cartridges114Sturm Ruger, model Mini 14 Ranch Rifle, .223 rem caliber,serial number 197-14924, with strap and scope115Hi-Point, model C9, 9mm, serial number P1668416116Remington, model 870 Express Magnum, 12-gauge, serialnumber A369528M117Ruger, model Single Six, .22 caliber, serial number 268-20582118Ruger, model Speed Six, .357 caliber, serial number 162-20762119Tula Russian SKS rifle, 7.62x39mm, “Made in Russia” Imported Vermont, serial number 3K8550Declaration of Katherine D. ArmstrongEXHIBIT A PAGE 15Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 16 of 35120IMBEL/Springfield Armory, model 1911A1, .45 caliber, serialnumber N523326121Rifle, Manufacturer Yugoslavia, model 59/66A1, .762 caliber,serial number G200828, with strap, flashlight, and bipod122Harrington & Richardson/New England Firearms Gardner, 12gauge, serial number NK268865, with strap123Steyr, (Importer PW Arms), “Made in Russia”, modelunknown, 30 7.62 x 54R caliber, serial number RMN0126828,with strap124Savage Arms, model 116, .300 Winchester Magnum caliber,serial number H585352, with scope125Winchester, model 94A, .30 Winchester caliber, serial number5311759126One (1) white cardboard box sealed and said to contain: 900(nine hundred) .223 cartridges; 500 (five hundred) .45 caliberrounds; 400 (four hundred) 7.62 caliber rounds; 250 (twohundred-fifty) 9mm rounds; 50 (fifty) .22 caliber rounds; 50(fifty) .357 caliber rounds127One (1) white cardboard box sealed and said to contain: 150(one hundred-fifty) .223 rounds; 50 (fifty) 22-250 rounds; 50(fifty) .357 rounds; 60 (sixty) 7.62 rounds; 25 (twenty-five) 3030 rounds; 25 (twenty-five) .38 rounds; 15 (fifteen) .45 rounds128One (1) 12-gauge shotgun shell129Nine (9) shotgun shells130Six (6) .22 caliber cartridges131Five (5) cartridges132Seven (7) 30.30 cartridges133Two (2) magazines containing 45 caliber cartridgesDeclaration of Katherine D. ArmstrongEXHIBIT A PAGE 16Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MA33.Document 1-1Filed 06/10/16Page 17 of 35134Two (2) magazines containing .223 cartridges135One (1) magazine containing thirty-nine (39) 7.62 cartridgesIn addition to creating encampments, the armed occupiers dug severaltrenches. Investigators referred to these trenches in reports as Trench 1, Trench 2,and Trench 3. Trench 1 was located on the west side of MNWR, adjacent to the westencampment and MNWR parking lot. Trench 2 was located adjacent to the guardtower. Trench 3 was determined to primarily be a garbage pit, located in theproximity of MNWR RV pads, adjacent to a large gravel pile and MNWR burn area.The following ammunition was seized from Trench 2:Item Group No.13634.Item DescriptionOne (1) rifle round, type not provided137One (1) shotgun shell138One (1) shotgun shellThe following ammunition was seized from a fire truck located near the eastblockade on MNWR:Item Group No.13935.Item DescriptionOne (1) rifle magazineThe following ammunition was seized from the fire bunkhouse (Building 20)on MNWR:Item Group No.140Item DescriptionTwo (2) rounds of 7.62 x 39 Tulammo (live)Declaration of Katherine D. ArmstrongEXHIBIT A PAGE 17Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 18 of 35141One (1) round of 7.62 x 39 Tulammo (live)142One (1) 12-gauge made in USA black color shotgun shell (live)143Twenty-Three (23) rounds of Fiocci USA 223 Remington (live)144One (1) pistol magazine with thirty (30) round capacity, blackin color; loaded with unknown number of live ammunitionwith red tip145Seven (7) rounds LC15 greentip146Two (2) bullets [one (1) LC14 one (1) LC08]147One (1) round 22 Hornet (live)148Three (3) rounds 7.62 x 39 (live)149Three (3) bullets LC14150One (1) 10 x bullet holder GGG Assy 11010483151One (1) bullet LC15 (live)152One (1) White Centurio 2 3/4" 12-gauge shotgun shell153One (1) bullet “Hornady” 223 REM broken tip154One (1) 2 x bullet holder GGGASSY 11010483155One (1) blank bullet, Shelton LPS 845LC156One (1) bullet RP 38 SPL157One (1) Mech-gar 18-round magazine with 18 rounds –“Beretta” written on it158One (1) bullet LC14159One (1) round of Winchester 45 auto ammunition160One (1) Live “FC1614” round of ammunitionDeclaration of Katherine D. ArmstrongEXHIBIT A PAGE 18Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MADocument 1-1Filed 06/10/16Page 19 of 35161One (1) shotgun shell, “00 Buck”162One (1) box of “Remington 308 WIN x twenty (20) live roundsof ammunition”163Five (5) live rounds of GFL 9 Corto 03 ammunition164Forty-one (41) live rounds of PPU 223 REM ammunition165Eight (8) Winchester 12-gauge shotgun shells: seven (7) buckand one (1) slug166Two (2) boxes of Federal 45 auto ammunition, 100 live rounds167Four (4) live rounds of ammunition: three (3) FC2414 and one(1) LC15168Two (2) live rounds: one (1) LC12 and one (1) .223 Remington169One (1) empty Glock 9mm thirty-one (31) round magazine withspring and bottom plate170One (1) round “OEV 02 M80 7.62” ammunition171One (1) live round of Remington ammunition172Two (2) live Winchester 12-gauge shotgun shells, red in color173One (1) live round of FC 308 Winchester ammunition174Two (2) live rounds of ammunition: one (1) FC1614 and one (1)FC0714175One (1) live round of Winchester 9mm Luger ammunition176One (1) live round of LC15 ammunition177One (1) live round of “b x n 54” ammunitionDeclaration of Katherine D. ArmstrongEXHIBIT A PAGE 19Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MA36.Document 1-1Filed 06/10/16Page 20 of 35The following ammunition was seized from MNWR employee CarlaBurnside’s office (Building 7A) on MNWR. Ms. Burnside had not been in her officesince the occupation began and was present at the time of the search during whichthe following items were seized, none of which belonged to her.Item Group No.178Item DescriptionOne (1) unspent round of ammunition, caliber not visible179Five (5) .45 caliber ammunition rounds, unspent, foundtogether180Twenty-five (25) Winchester 12-gauge shotgun shells181Two (2) black magazines with “Gale Benson” scratched onbottoms, full of large ammunition rounds182Three (3) .45 caliber ammunition rounds, unspent183One (1) box of American Eagle brand 5.56 x 45 mm, greentipped, unspent ammunition rounds, box ripped with largequantity of rounds spilled on floor184Approximately eighty-four (84) unspent rifle ammunitionrounds, with green tips found in gray bag185Twenty (20) .38 caliber ammunition rounds, unspent, foundtogether inside white bottle186One (1) Sturm, Ruger & Company, Inc. magazine (empty),black in color, inside plastic bag and one (1) Ruger magazine(empty), black in color, inside original packaging187One (1) white container labeled “45 Auto”, full of unspentammunition rounds188Five (5) boxes of Winchester 12-gauge shotgun shells, all boxesfullDeclaration of Katherine D. ArmstrongEXHIBIT A PAGE 20Complaint In RemFOR FORFEITURE
Case 3:16-cv-01057-MA37.Document 1-1Filed 06/10/16Page 21 of 35The following ammunition was seized from MNWR employee Linda Beck’soffice (Building 7B) on MNWR. Ms. Beck had not been in her office since theoccupation began. Ms. Beck assisted the evidence response teams in determiningwhat items were property of the MNWR. The following items were seized, none ofwhich belonged to Ms. Beck:Item Group No.189Item DescriptionBulk live ammunition Wolf WPA .223 Remington190One (1) box .38 Special 147gr Total Metal Jacket and one (1)loose round191.38 Special 158gr jacketed hollow point bullets192One (1) green box c
school at Temple University in Philadelphia, Pennsylvania, and have been admitted to practice law since October 2010. Purpose of Declaration and Background of the Investigation 3. This declaration is made in support of the Complaint in rem for the forfeiture of 50 firearms and assorted ammunition described below. The facts set forth in this
