Former Hialeah Police Officer and Wife Sentenced for Dealing in Firearms Without a License
| U.S. Attorney’s Office January 09, 2014 |
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida; Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Miami Field Division; José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI); Scott J. Israel, Sheriff, Broward County Sheriff’s Office (BSO); and Ric L. Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO), announce that Rafael Oscar Valdes and Tammy Lynn Valdes, of Miami, Florida, were sentenced today in connection with the unlawful sale of hundreds of firearms without a federal firearms license. Rafael Oscar Valdes was sentenced to 60 months in prison, to be followed by three years of supervised release. Tammy Lynn Valdes was sentenced to 42 months in prison, to be followed by three years of supervised release. Both defendants were ordered to pay restitution in the amount of $6,613.51.
After a two-week trial and more than 300 items of admitted evidence, a jury convicted Rafael Valdes with dealing in firearms without a license (18 U.S.C. § 922(a)(1)(A)); making a false statement to a federal firearms dealer (18 U.S.C. § 922(a)(6)); interstate transportation of stolen property (18 U.S.C. § 2314); and filing false tax returns for years 2008—2011 (26 U.S.C. § 7206(1)). The jury also convicted Tammy Valdes of dealing in firearms without a license and filing false tax returns for years 2008-2011.
According to the court record and evidence presented at trial, Rafael Valdes had been employed as a police officer with the city of Hialeah, Florida, since 2004. Tammy Valdes was also once employed as a police officer with the city of West Miami, Florida, from 2004 until 2008 and the town of Golden Beach, Florida, from 2008 through 2009. Neither defendant ever possessed a federal firearms license.
The Valdeses were initially indicted on December 13, 2012, for dealing in firearms without a license. Starting as early as July 2005, and continuing through June 2012, the defendants sold hundreds of firearms. In November 2008, the defendants began buying and selling firearms under the fictitious name of Custom Weapons Systems. The defendants advertised and sold more than 100 firearms via the Internet to persons across the nation. The defendants also attended more than 100 gun shows in the Southern and Middle Districts of Florida, during which they purchased more than 400 firearms and sold more than 500 firearms. At times, their purchases and subsequent sales of firearms took place on the same day. Additionally, the defendants sold nine firearms to undercover agents, solicited the purchase of firearms from undercover agents, and offered to acquire firearms for undercover agents on a repetitive basis.
As part of the initial indictment, Rafael Valdes was charged with making a false statement to a licensed firearms dealer in December 2008 when he purchased three AR-15 serialized lower receivers. Evidence admitted during trial proved that Rafael Valdes purchased those receivers for the sole purpose of building and selling completed rifles to three other officers after taking deposits. Rafael Valdes then falsely stated on an ATF Form 4473 that all three receivers were his, when, in fact, he was acquiring those receivers for other persons.
On July 31, 2013, a superseding indictment added tax charges against both defendants for filing false tax returns from 2008-2011, in that they failed to report their total income, which included money derived from firearm sales. During trial, evidence was presented that the Valdeses failed to report over $350,000 in gross receipts during 2008-2011.
The superseding indictment also charged Rafael Valdes with transporting stolen firearm parts from the Hialeah Police Department where he was employed in the training section. During trial, the evidence showed that Rafael Valdes took apart firearms that were in evidence at the Hialeah Police Department and deemed to be destroyed. Rafael Valdes then advertised those parts for sale on the Internet and later transported those parts to buyers located across the United States, including New York, California, Utah, and Missouri. Rafael Valdes then deposited the proceeds into his personal bank account. In addition to selling parts of firearms that were once in evidence, Rafael Valdes also sold machine gun parts taken from six different Heckler and Koch MP-5 machine guns that had been utilized by the Hialeah Police Department SWAT team.
Mr. Ferrer commended the investigative and cooperative efforts of ATF, IRS-CI, BSO, PBSO, Miami-Dade Police Department, Miami Beach Police Department, city of Miami Police Department, Virginia Gardens Police Department, Hialeah Police Department, FDLE, FBI, and HSI. The case was prosecuted by Assistant U.S. Attorneys Adam McMichael and John McMillan.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls.