0 t - Guns.com · the actual tr=sferee/buyer of the firearm; and si> the form in the box entitled StTransferor's/stller's Signature.'' 13. Once ATF Form 4473 was completed and the

(

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UNITED STATES DISTm CT COURTSOUTHERN DISTW CT OF FLORIDA

CASE NO. IS-I8OO8-CR-M ARTINED SNOW t:)

18 U.S.C. j 371jg uxsoc. j kzz(b)(1)18 U.S.C. j 922(b)(t)

18 U.S.C. j 922(b)(5)18 U.S.C. j 922(4)(1)18 U.S.C. j 924(a)(1)(D)18 U.S.C. j 924(d)(1)26 U.S.C. j 5861(d)26 U.S.C. j 5872(a)

p/zeoUNITED STATES OF AMERICA â

0 t,7

vs. #d# ,ar - ? 2n3cettyz/,F'zf/i t4JARVIS NELSON OSORIO

, 4. g>h). , pjyyyv' THOMAS JOSEPH WILLI, and %.k)1. - y)j ( y, ) y

yOUTBQEAK ORDNANCE, LLC,

Defendants./

SUPERSEDING INDICTM ENT

n e Orand Jury charges that:I

GENERAL ALLEGATIONS

At al1 times relevant to this Superseding Indictment:I

Federal Firearm s Licensees

1. n e Bureau of Alcohol, Tobacco, Fireanns and Explosives (%1ATF''), an agency ofI

the United States Department of Justict. administered and enforced laws and regulations

pertaining to the acquisition and disposition of firearms and the licensing K d operation ofI

lirearms dealers.

2. A person or business who desired to engage in the business of dealing in sreannsI

was required to obtain a federal lirearms license from ATF.if

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f !I

Case 4:15-cr-10008-JEM Document 102 Entered on FLSD Docket 03/03/2016 Page 1 of 32

Defendant OUTBREAK ORDNANCL LLC was a limited liability company

incorporated on January 1 1 , 201 3, and located at 1 1 County Road, Big Pine Key, Monroe

County, Floridw 33043.

4. Defendants JARVIS NELSON OSORIO and THOMAS JOSEPH W ILLI

owned and operated OUTBREAK ORDNANCE, LLC and sold flrearms and ammunhion at its

rttail stort in M omoe Coumy, Flodda.

OUTBREAK ORDNANCE, LLC was a federally Iicensed firearms dtaler as of

September l2, 2013, and was assigned federal flrearms Iicense number 1 5923297 by ATF.

6. A federally licensed firearms dealer was prohibittd from selling or transferring

firearms to a person if the dealer knew or had reasonable caus: to believe that said person was a

convicted felon, that is, the person had bven convicted in a court of a crime punishable by a term

of imprisonment exceeding one year.

A convicted felon was prohibited from purch%ing or possessing firearms.

8. A federally licensed Iirearms dealer was required to initiate a criminal history

background check on a prospective srearm buyer through the National Instant Criminal

Background Check System (GN1CS''), prior to the sale or transfer of a firearm to any person.

9. If the buyer or transferee had a prior felony conviction, the federally licensed

fireanns dealer would receive a ççdenied'' responst from the NICS check, and would be

prohibited from proceeding whh the sale or transfer of the firearm to the buyer or transferee with

the criminal history.

10. A federally licensed firearms dealer was prohibited from selling or delivering any

firearm or ammunition to any individual who the licensee knew or had reasonable cause to

believe was less than eightcen years of age, and, if the firearm, or nmmunition, wms other than a


.*

shotgun or ritle, or ammllnition for a shotgun or rifle, to any individual who the licensee knew or

had rea onable cause to believe was less than twenty-one years of age.

ATF Form 4473

l 1. Before a federally licensed firearms dealer tould sell or transfer a firearm to any

p N rson, the federally Iicensed firearms dealer and tht buyer or transferee were required to

complete ATF Form 4473.

12. By completing the ATF Form 4473, the federally licensed firearm s dealer was

rtquired to;i

1 a. dttermine thx the person signing his or her name in the box entitledl çê-l-mnsferee's/Buyer's Sir aturt'' was the actual transferee or buyer of the flrearm;

b. verify the transferee or buyer's true identity by inspecting a driver's liccnse or

other form of photographic identiication displaying the name, address, and date of birth of the

transferee/buyer;

c. verify the transferee or buyer's answers to a11 questions on the form to ensure that

the transferee/buyer of the Grearm was not a prohibited person; I

d. describe the type of firearm, manufacturer and/or importer, model, serial number,

and calibtr or gauge of the firearm being sold or transferred on the form; I

e. transmit the transferee or buytr's identifying information for a NICS check l fore

transferring the firearm to the transferee or buyer; j

f. transfer the firearm to the transferee or buyer only aRer receiving a ttprocecd''

rnotice from the NICS check;I

g. document the information from the NICS check on the form;

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h. docllment the federal lirrarms dealer's name, address, and license number on the

ATF 4473 form;

certify that th: federally licensed firearms dealer believed that it was not unlawful

to sell, deliver, transport, or otherwise dispose of a srearm to the ptrson identified in the form as

the actual tr=sferee/buyer of the firearm; and

si> the form in the box entitled StTransferor's/stller's Signature.''

13. Once ATF Form 4473 was completed and the firesrm was transferrtd or sold, the

federally licensed firearms dealer was required to maintain the form on the business premises for

at least twenty (20) years.

14. n e federally licensed firearms dealer was also required to record the acquisition

and disposition of every firearm in an Acquisition and Disposition record C$A & D book''),

which the dealqr was required to keep on the business premises. Upon disposition of a firearm,

tht licensed dealer was required to record the date of disposition, the transferee's nnme, and the

transferee's address or federal Grearms license number.

A federally licensed llrearms dealer was prohibited from knowingly causing to be

made or making a false entry in, failing to make an entry in, or failing to properly maintain any

record which he was required to keep pursllnnt to fedtral law or regulations ptrtaining to the salt

or transfer of firearms.

16. Proper recordkeeping and documentalion as mandated by federal 1aw was

essential when an insm ction or examination of those documents wms required for determ ining

the disposition of one or more srearms in the course of a bona fide criminal investigation.

4


National Firearms Act-

17. n e National Firearms Act C%FA'') was a comprehensive taxing scheme that

: regulated the manufacture, sale, and transfer of certain specially dangerous and concealable

weam ns, including short-barreled shotguns, short-barreled ritles. any weapon or dcvice capable

of being concealed on the person from which a shot can be discharged through the energy of an

! explosive, machineguns, silencers, and destructive devices.

l 8. Under the NFA, a manufactmer, importer. or dealer of a covertd firearm was

required to register with ATF, pay an occupational excise tax, and register each covered ûrearm

with ATF in the Naîional Firearms Registration and Transfer Record (CtNFRTRM). n e maker or

subsequent transferor of a covered fsrearm was permitted to transfer the wcapon only pursuant to

the NFA, which rtquired that the m aker or transferor identify itself, the Erearm, and thv

% nsferee, and apply for and receive approval from ATF.

19. The makvr or transferor of a covered firearm was required to pay a transftr tax for

each firearm transferred.

I

20. Under the NFA, it was unlawful f0r any person to receive or possess a firearm

which was not registered to him in the NFRTR.I

Floridags M andatoa Three-Dav W aitinz Period for Haadeuns

21 . Section 790.0655 of the Florida Statutes required a mandatory three-day waiting j

period between the date on which a handgun was purchased and the date on which the handgun

was delivered to the buyer by the retailtr. The statuk made it unlawful for any retailer, or any I

employee or agent of a retailer, to deliver a handgun before the expiration of the three-day

waiting period. I

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22. Section 790.0655 of the Florida Statutes deGned çlpmchase'' as the transfer of

money or other valuable consideration to the retailer.

23. Section 790.0655 of 1he Florida Statutes defined Sshandgun'' as a firearm capable

of bting tarried and used by one hand, such as a pistol or revolver.

24. Section 790.0655 of the Florida Statutes includes in the delinition of itretailer''1i .

every person engaged in the business of making sales at retail.

COUNT 1Conspiracy

(18 U.S.C. j 371)

1 . Paragraphs 1 through 24 of the General Allegations of this Superseding

Indictment are realleged and incomorated by reference ms though fully set forth herein.

2. Beginning at ltast as early as September 12, 2013, and continuing through thc

datc of this Superseding Indic% ent, in M onroe County, in the Southem District of Florida, and

elsrwhere, the defendnnts,

JARW S NELSON OSORIO,THOMAS JOSEPH W ILLI. andOUTBREAK OO NANCE, LLC,

did willfully, lhat is, with the intent to further the objects of tht conspiracy, and knowingly

combine, conspire, confederate, and agree with each othvr and others known and unknown to thcI

Orand Jury to commit ctrtain offenses against the United States, that is;

(a) to knowingly sell or othtrwise dispose of a firearm and arnmunition to a person,I

è knowing and having rtasonable cause te believe that such person had been

previously convicted in any court of a crime punishable by imprisonment for a

term exceeding one year, in violation of Title 1 8, United States Code, Sections l

922(d)(1) and 924(a)(2);

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, (b) being licensed dealers of srearms, within the meaning of Chapttr 44, Title 18,

United States Code, to willfully sell a tirearm and nmmtmition other than a

shotgun and riflt, and nmmunition for a shotgun and rifle, to an individual that the

' defendants knew and had reasonable cause to believe was a person less than

twenty-one years of age, in violation of Title l 8, United States Code. Sections

922(b)(1) and 924(a)(1)(D);

(c) being licensed dealers of ûrearms, within the meaning of Chapter 44, Title 18,

United States Code, to willfully sell and deliver a tsrearm, in the State of Florida,

where the purchase and possession of such frearm would be in violation of State

law then applicablt at the place of sale, that is, Section 790,0655 of the Florida

Stamtes, in violation of Title 18, United States Code, Sections 922(b)(2) and

; 924(a)(1)(D);'

tè )

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@' (d) to knowingly receive and possess a firearm, that is, a weapon or device capable of;.)t being concealed on the person from which a shot can be discharged through the

Jenergy of an explosive, as defined in Title 26, United States Code. Section('

i 5845(a)(5) and (e), not registered to them in the National Firearms Regiseation l

tj '

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and Transfer Record, as required by Title 26, United States Code, Section 5841,

. in violation of Title 26, United States Code, Sections 5841, 5861 (d), and 5871 ;

I(t) being licensed dealers of firearms, within the meaning of Chapter 44, Title 18,

l

' ' United Statts Code, to willfully sell and deliver a firearm to a purchaser, withouti

noting in the defendants' records required to be kept by law pursuant to Title l 8,L

) I(t Unitet States Code, Section 923(g)(1)(A), the nnme of said purchaser, in violationt;

i of Title 18, United States Code, Sections 922(b)(5) and 924(a)(1)(D); andf

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(9 to knowingly make any false statement and representation with respect to the

information required by Chapter 44 of Title 18, Unittd States Code, to be kept in'

?

the records of a person licensed under this chapter, in violation of Title 1 8, United

'

States Code. Section 924(a)(l )(A).

PURPOSE OFTHE CONSPIM CY

3. It was the pvrpose of the conspiracy to enrich the defendants and their co-

conspirators by illegally selling firearms in exchange for U,S. currency.

MANNER AND M EANS OF THE CONSPIRACY

The manner and means by which the defendants and their co-conspirators sought to

accomplish the objects and pupose of the conspiracy included, among other things, the

following:

l 4. Dming the conspiracy ptriod, OUTBREAK ORDNANCE, LLC, throught

('

l JARVIS NELSON OSOm O and THOM AS JOSEPH W ILLI, sold and Y sferred lirearms. q

'

from the OUTBREAK ORDNANCE, LLC retail stort to individuals who wert prohibited from'

(purchasing and possessing tiresrms.

'

j( 5. JARW S NELSON OSORIO and THOMAS JOSEPH W ILLI sold firearmst

!

from the OUTBREAK ORDNANCE, LLC retail store without requiring the acmal((

transftrees/buycrs to complete ATF Form 4473. j

6. JARVIS NELSON OSOm O and THOMAS JOSEPH W ILLI maintained

incomplete, misleading, and false records of flrearms sales by allowing persons other than the

t actual transferees/buyers of the firenrms to complete ATF Form 4473 for purchases of tirearms.

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JARW S NELSON OSORIO and THOMAS JOSEPH W ILLI made false

statements and representations by falsely certifying on ATF Forms 4473 that they believed that

the unlawful firearm transftrs and sales to certain prohibited buyers were lawful.

8. JARVIS NELSON OSORIO and THOMAS JOSEPH W ILLI delivered

fireœms, speciscally, handguns, to firearms buyers at the OUTBREAK ORDNANCE, LLC

retail store before the expiration of Florida's mandatory three-day waiting period.

9. JARVIS NELSON OSOR1O and THOM AS JOSEPH W ILLI sold srearms,

speciGcally, handguns, and handgun ammunition, to çT .P.,'' a person less than twenty-one years

of age, at the OUTBREAK ORDNANCE, LLC retail store.

10. JARVIS NELSON OSORIO and THOM AS JOSEPH W ILLI receivcd and

possessed National Firearms Act firearms,that is, weapons or devices capablv of being

concealed on the person from which a shot can be discharged through the energy of an explosive,

which firearms were not registered to them in the National Firearms Registration and Transfer

Record.

JARVIS NELSON OSORlO and THOM AS JOSEPH W ILLI advertised and

sold National Firearms Act flrearms, which tirearms were not registered to them in the National

Firearms Registration and Tm nsfer Record,

12. JARVIS NELSON OSORIO, THOM AS JOSEPH W ILLI, and OUTBREAK

ORDNANCE, LLC receivcd thousR ds of dollars through tht illegal sale of firearms at the

OUTBREAK ORDNANCE, LLC retail store.


OVERT ACTS

In furtbtrance of the conspiracy and to achieve the objetts thereof, at least one of the co-

conspirators committed and caused to be committed, in Monroe County, in the Southern District

of Florida, and elsewhere, at least one pf the following overt acts, among others;

1. On or about September 3. 2014, THOM AS JOSEPH W ILLI provided ATF

Fonn 4473 to a cooperating source (hereinaher, $:CS2''), who listed himself as the actual

transferee/buyer of one (1) Remington brand. 700 model, .308 caliber rifle.

On or about September 3, 2014, THOM AS JOSEPH W ILLI accepted $750.00

as payment for the Remington ritle from a different cooperating source (hereinaher, $'CS1''),

who was a convicted felon and was not listed on ATF Form 4473 as the actual transferee/buyer

of the Remington rifle.

3. On or about September 3, 2014, THOM AS JOSEPH W ILLI transferred the

Remington ritle to CS1 upon the completion of the sale transaction.

4. On or about September 4, 2014, JARW S NELSON OSORlO provided A'I'F

Form 4473 to CS2, who listed himself as the actual transferee/buyer of one (1) Smith & Wesson

brand, M&P15 model, .223 caliber rille and one (l) CCMO. lnc. brand, MK-4 model, 5.56mm

rifle.

5. On or about September 4, 2014, JARW S NELSON OSORIO accepted

$1650.09 as payment for the Smith & W esson rifle and the CCM O ritle from CS1 , who was a

convicted fclon and was not listed on ATF Fonn 4473 as the actual transferee/buytr of thc Smith

& W esson rifle and the CCM G ritle.

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6, On or about September 4, 2014, JARW S NELSON OSORIO transferred the

Smith & Wesson rifle and the CCMG rifle to CS1 and CS2 upon the completion of the sale

transaction.

On or abom September 23, 2014, JARVIS NELSON OSORIO and THOM AS

JOSEPH W ILLI provided ATF Fonn 4473 to CS2, who listed himstlf as the actual

transferee/buyer of one (1) Glock brand, 41 model, .45 caliber pistol bee ng strial number

WMA675 and one (1) Olock brand, 41 model, .45 caliber pistol bearing serial number

W M A678.

8. On or about September 23, 2014, JARVIS NELSON OSOR1O and THOM AS

JOSEPH W ILLI acçcpted $1600.00 as pam ent for the Glock pistols from CSI, who was a

convicted felon and was not Iisted on ATF Fonn 4473 as tht acmal tmnsferee/buyer of the Olock

pistols.

On or about September 23, 2014, JARVIS NELSON OSOm O and THOM AS

JOSEPH W ILLI transferred the Glock pistols to CS1 and CS2 upon completion of the sale

transaction.

10. On or about September 23, 2014, JARVIS NELSON OSORIO and THOMAS

JOSEPH W ILLI transferred the Glock pistols to CSl and CS2 before the expiralion of the

tltree-day waiting period, which was mr dated by Florida law.

On or about February 19, 2015, JARVIS NELSON OSORlO and THOMAS

JOSEPH W ILLI provided ATF Form 4473 to CSI, alkr CS1 told OSORIO and W ILLI that

he was a convicted felon interested in purchasing a Iirearm.

12. On or about February 19, 2015, JARVIS NELSON OSOm O and THOMAS

JOSEPH W ILLI conducted a NICS check on CS1 and received a t'denied'' response.


l3. On or about February 19, 2015, JARW S NELSON OSORlO and THOMAS

JOSEPH WILLI accepted $600.00 from CS1 as paymtnt for one (1) Springfield Armory brand,

XD-45 model, .45 caliber pistol.

14. On or about February 25, 2015, JARVIS NELSON OSOm O and THOMAS

JOSEPH W ILLI accepted $800.00 as payment for one (l) Spike's Tactical, LLC brand, SLl5

model, .223 caliber ritle from CSI.

15. On or about February 25, 2015, JARW S NELSON OSORIO and THOMAS

JOSEPH W ILLI transferred the Springfield pistol and the Spikt's rifle to CS1 upon completion

of the sale transaction.

16. On or about April 1, 2015, JARVIS NELSON OSORIO and THOMAS

JOSEFH W ILLI receivtd a Reminglon brand, 870 model,

number A8095765M .

12 gauge shotgun beaHng seHal

On or about April 1,2015, JARVIS NELSON OSORIO and THOMAS

JOSEPH W ILLI received an AFT Inc. brand,

01 l 7CG.

38 caliber lçcane gun'' bearing serial number

18. On or about April 1, 2015, JARVIS NELSON OSORIO and THOM AS

JOSEPH W ILLI received a .380 caliber çmashlight gun'' bearing serial number 030.

19. On or about April 1, 2015, JARVIS NELSON OSORIO and THOMAS

JOSEPH W ILLI received an es Defense brand, .410 bore tlflmshlight gun'' bearing serial

number .R'/oooG V?? J e20. On or about April 1, 2015, JARVIS NELSON OSORIO and THOM AS

JOSEPH W ILLI received a G.R.A.D. brand, .22 caliber lsknife gun'' bearing serial number

D0552.

12


21. On or aboqt April 1,2015, JARW S NELSON 9SORIO and THOMAS

JOSEPH W ILLI received a G.R.A.D. brand, .22 caliber Gknife gun'' bearing serial number

GR3229AD.

22. On or about April 1,2015, JARVIS NELSON OSOR1O and THOMAS

JOSEPH W ILLI received a G.R.A.D. brand, .22 caliber ttknife gun'' bearing serial number

M F0502.

23. On or aboutApril 1, 2015, JARVIS NELSON OSORlO and THOMAS

JOSEPH W ILLI received a Harrison & Richardson brand, .410 bore Sçhandy-gun'' bearing

serial number 13503.

24. On or about Apxil 1,2015, JARVIS NELSON OSORIO and THOMAS

JOSEPH W ILLI received a .410 bore t'handy-gun'' bearing serial number 32417.

25, On or aboqt April 1, 2015. JARVIS NELSON OSORIO and THOMAS

JOSEPH W ILLI rectived a .410 bore Sthandy-gun'' N aring serial number 45709.

26, On or about April 1, 2015, JARVIS NELSON OSOm O and THOMAS

JOSEPH W ILLI received a .22 caliber ç#pen gun'' bearing serial number l PG#7.

27. On or about April 1, 2015, JARVIS NELSON OSOm O and THOM AS

JOSEPH W ILLI received a John Vittie brand, .22 caliber sipen gun'' bearing serial number 00l .

28. On or about April 1, 201 5, JARVIS NELSON OSORIO and THOMAS

JOSEPH W ILLI received an AFT Inc. brand, .25 caliber tspen gun'' bearing serial number

0007PG.

29. On or about April 1, 2015, JARVIS NELSON OSOY O and THOMAS

JOSEPH W ILLI received a Quicksilver brand, .22 caliber ttpen gun'' bearing serial number

QSM 109.

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30. On or about April l , 2015, JARW S NELSON OSORIO and THOM AS

JOSEPH W ILLI received a .22 calibtr 'çknifv gun'' bearing serial number 020013 1 .

31. On or about April 7. 2015, JARW S NELSON OS9m O and THOM AS

JOSEPH W ILLI accepttd $1560.00 as payment for ont (1) AFT Inc. brud, .25 caliber ççpen

gun'' bearing serial number 0007PO and one (1) Quicksilver brand, .22 caliber Sspen gun'' bearing

serial number QSM 109.

32. On or about April 14, 2015, JARW S NELSON 9SORIO and THOMAS

JOSEPH W ILLI accepted $370.00 as pam ent for one (l) Heckler & Koch brrd, VP modtl, 9

millimeter pistol Y aring serial number 224-039142 from $T.P.,'' a person less than twenty-one

years of age, at the OUTBREAK ORDNANCE, LLC retail store.

33. On or about July l4, 2015, JARVIS NELSON OSORIO and THOMAS

JOSEPH W ILLI accepttd $420.00 as payment for one (1) Glock brand, 42 model, .380 calibvr

pistol bearing serial number ABET6I 8 from $çT.P.,'' a N rson less than twenty-one years of age,

at the OUTBQEAK ORDNANC:, LLC retail store.

34. On or about July 5.2015, JARVIS NELSON OSORIO and THOM AS

JOSEPH W ILLI pnsted an advertisement on OUTBREAK ORDNANCE, LLC'S Facebook

page, which advertisement stated: StW TS: G.R.A.D. REVOLVER KNIFE Gtm SET.

ORIGINAL Circa l990s, new in tht box ntver betn fired. Class 3 NFA AOW . n ese are the

original 6 shot 221r made by Olobal Research M d Development, Not the imitation Arsenal

knives. n e Millenium (sic) Gold Knife comes in the factory Presidential Presentaion Isicl hard

wood case. PM for price. Serious inquiries only''.

All in violation of Title 18, United States Code, Section 371 .

14


COUNT 2S le of a Firearm to a Prohibited Persona

(18 U.S.C. j 922(d)(1))

On or about February 19, 2015, in Monroc County, in tht Southem District of Florida,

the defendants,

JARVIS NELSON osom o,

THOM AS JOSEPH W 1LLI.andOUTBREAK ORDNANCE, LLC,

did knowingly sell and otherwise dispose of a firearm, that is, one (1 ) Springfield Armory brand,

XD-45 model, .45 caliber pistol, to a person, knowing and having reasonable cause to Y lieve

that such person had been previously convicted in any court of a crime punishable by

imprisonment for a term exceeding one year, in violation of Title 18, United States Code,

Sections 922(d)(l ), 924(a)(2), and 2.

CO UNT 3Sale of a Firearm to a Prohibited Person

(18 U.S.C. j 922(d)(1))

On or about February 25, 2015, in Monroe County, in the Southem District of Florida,

the defendants,

Ju vls N>x soN osom o,THOM AS JOSEPH W ILLI, andOUTBREAK ORDNANCE, LLC,

did knowingly sell and othelwise dispose of a flrearm, that is, one (1) Spike's Tactical, LLC

brand, SL15 model, .223 caliber rifle, to a person, knowing and having rtasonable cause to

bdieve that such person had been previously convicted in any court of a crime punishable by

imprisonment for a term exceeding one year, in violation of Title 18, United States Code,

Sections 922(d)(1), 924(a)(2), and 2.

15


COUNT 4Sale of a Firearm to a Person under Twenty-one Years of Age

(18 U.S.C. j 922(b)(1))

On or about April 14, 2015, in Monroe County, in the Southem District of Floridw the

7defendcts,

JARW S NELSON OSORIO,THOMAS JOSEPH W ILLI. andOUTBREAK ORDNANCE, LLC,

being licensed dealers of firem s, within the meaning of Chapter 44, Title 18, United States

Code, did willfully sell a firearm other than a shotgun and rifle, that is, one (1) Heckler & Koch

brand, VP model, 9 millimeter pistol bearing serial number 224-039142, to an individual that the

defendants knew and had reasonable cause to believe was less than twenty-one years of age, that

is, ç1T.P.,'' in violation of Title 18, United States Codt, Sections 922(b)(1), 924(a)(1)(D), and 2.

COUNT -SSale of a Firearm to a Person under Twentp one Years of Age

(18 U.S.C. j 922(b)(1))

On or about luly 14, 20l 5. in Monroe Cpunty, in the Southern District of Florida, the

defendants,

JARVIS NELSON OSOm O,

THOM AS JOSEPH W ILLI, andOUTBREAK ORDNANCE, LLC.

being licensed dealers of llrearms, within the meaning of Chapter 44, Title 18, United States

Code, did willfully sell a fire= other than a shotgun and rille, and nmmunition other than for a

shotgun and rifle, that is, one (1) Glock brand, 42 model, .380 caliber pistol bearing serial

number ABET6I 8, and .380 caliber nmmunition, to an individual that the defendants knew and

had reasonable cause to believe wms less than twenty-one years of age, that is, GT.P.,'' in I

violation of Title 18, United States Code, Stdions 922(b)(1), 924(a)(1)(D), and 2.

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COUNT 6Illegal Sale by Federally Licensed Dealer in Violation of State Law

(18 U.S.C. j 922(b)(2))

On or about September 23s 2014, in Monroe County, in the Southem District of Flcrida,

the defendants,

Ju vls NELSON osoltlo,

THOMAS JOSEPH W ILLI, andOUTBREAK ORDNANCE, LLc,

being licensed dealers of fireaM s, within the meaning of Chapter 44, Title 18, United States

Code, did willfully sell and deliver a firearm, in the State of Floridw where the purchase and

possession of such srearm would be in violation of State law then applicable at the place of sale,

that is, Section 790.0655 of the Florida Statutes, in violation of Title 18. United States Code,

Sections 922(b)(2), 924(a)(1)(D), and 2.

It is further allegtd that the firearms are:

(a) one (1) Glock brand, 41 model, .45 caliber pistol bearing serial numbtr

W M A675; and

(b) one (1) Olock

W M A678,

brand, 41 model, .45 caliber pistol bearing serial number

COUNTS 7-21Receipt and Possession of an Unregistered Firearm

(26 U.S.C. j 5861(d))

On or about April 1, 2015, in Monrie County, in the Southem Distritt of Floida, and

elsewhere, the defendants,

17


1 l ;

JARW S NELSON OSORIO.THOM AS JOSEPH W ILLI, andOUTBREAK ORDNANCE, LLC,

did knowingly receive and possess a fsresrm, that is, a weapon or deviçe capable of being

concealed on the N rson from which a shot can be discharged through the energy of an explosive,

as delined in Title 26, United States Code, Section 5845(a)(5) and (e), which Grearm was not

registered to the defendants in the National Firearms Rrgistration and Transfer Record as

required by Title 26, United States Cede, Section 5841, as described further below:

i Count Firearm Type Calie r Serial Number

): 7 Cane Gtm .38 01 1 7CG

.

j') g Flashlight Gun

,3g0 030

# 9 Flashlight Gun .410 Borei .

g pgooo. s gvzéet 10 Knife Oun .22 D0552è

'

t 11 Knife Gun .22 GR3229AD)'

):) 12 Knife Gun .22 MF0502'

tt'

î. 13 Handy-oun .410 nore 13503t

)' 14 Handy-oun .410 Bore 32h17)

.

# It', 15 Handy-oun .410 Bore 45709Et .l 16 pen Gun

.22 11v 87

è 17 pen Gun .22 ooI

è

'

18 Pen Gun .25 0Q07PG)-1,(q. I) 19 P

en Gun .22 QSM l09.'.t

t 20 Knife Gun .22 02001 31. t) ë .)T ' 2 1 Shotgun 12 Oauge A8095765M

()

. q

'

) l a I

i!' d

, 1. .!t

E : : : f . ' : ' - ' : '. ! t '.r ' : . - '


ln violation of Title 26, United States Code, Sections 5841 , 5861(d), and 5871, and Title

l 8, United States Code, Section 2.

COUNTS 22- -26Failure by Federally Licensed Dealer to Keep Proper Reeords

(18 U.S.C. j 922(b)(5))

On or about !he dates speciôed as lo each counl belom in Monroe County, in the

Southern District of Florida, the defendants,

JARVIS NELSON OSORIO,

THOMAS JOSEPH W ILLI, andOUTBREAK ORDNANCE, LLC,

being licenxd dealers of irearms, within the me= ing of Chapttr 44, Title 18, United States

Code, did willfully sell K d deliver a tlrearm to a pumhaser, without noting in the defendants'

records required to be kept by 1aw pursllqnt to Title 1 8, United States Code, Section 923, the

nsme of said purchaser:

Count Approximate Date Reeorded Purcbaser Aetual Purehaser

22 September 3. 2014 CS2 CS1

23 September 4, 2014 CS2 CS1

24 September 23, 2014 CS2 CS1

25 /ebruary 19, 2014 CS2 CS1

26 February 25, 2015 CS2 CS1

ln violation of Title 18, United States Code, Sections 922(b)(5), 924(a)(1)(D), and 2,


! l

COUNT 27False Statement in Connedion with Sale of a Firearm

(18 U.S.C. j 924(a)(1)(A))

On or abom September 3, 2014, in Monroe County, in the Southem District of Florida,

the defendant,

THOM AS JOSEPH W ILLI,

- )did knowingly make a false statement and representation with resptct to the information required

by Chapter 44 Qf Title 18, United States Code, to be kept in the records of a person licensed

tmder this chapter, that is, in connection with the purchase of Remington brand, 700 model, .308

L

t caliber rifle by CS2 from OUTBREAK ORDNANCE, LLC, a federally licensed firearms dealer,. j; '

'

l the defendant stated and represented on an ATF Form 4473 that it was his belief that it was not

è unlawful to sell, deliver, transporq or otherwise dispose of the atbrementioned firearm to CS2,)

' '

?)7 hen in truth and in fact

, and as the defendant then and there well knew, it was unlawful to sell,î W ,y

'

'

TL deliver, transm rt, or otherwisc dispose of the aforementioned firearms to CS2, in that CS2 was

$(i not the actual transferee/buyer of the aforementioned firearm.)è

'

11 In violation of Title 18, United States Code, Sections 924(a)(1)(A) and 2.E :

COUNT 28

False Statement in Connection with Sale of a Firearm I(18 r.s.c. j 9z4(a)(1)(A))

J On Qr aboul Seplember 4, 2014, in Monroe County, in the Southern District of Florida,

): the defendant

,( .

'

) JARVIS NELSON OSORIO, I

) did knowingly make a false statement and representation with respect to the information required

)! by Chapter 44 of Title 1 8, United States Code, to be kept in the records of a person licensed

, under this chapter, that is, in comwction with the purchue of one (1 ) Smith & Wesson brand,

p IE.'

. '

20

''

jj(

'

I(

'

'


M&P15 modtl, .223 caliber rifle and one (1) CCMO, Inc. brand, MK-4 model, 5.56mm rifle by

CS2 from OUTBREAK ORDNANCE, LLC, a federally licensed firearms dealer, the defendant

stated and represented on an ATF Fonn 4473 that it was his belief that it was not unlawful to

sell, deliver, transport, or othtrwise dispose of the aforementioned tirearms to CS2, when, in

truth and in fact, and as the defendant then and there well knew, it waN unlawful to sell, deliver,

transpod, or otherwise dispose of the aforementioned irearms to CS2 in that CS2 was not the

actqal transferee/buyer of the aforementioned firearms.

In violation of Title 18, United States Code. Sections 924(a)(1)(A) and 2.

COUNT 29False Statement in Conneetion with Sale of a Firearm

(18 U.S.C. j 924(a)(1)(A))

On Qr about September 23, 2014, in Monroe County, in thç Somhern District of Florida,

the defendant,

THOM AS JOSEPH W ILLI,

did knowingly make a false statement and representation with respect to the infonnation required

by Chapter 44 of Title l 8, United States Code, to be kept in the records of a person licensed

under this chapter. that is, in connection with the purch%e of one (1) Glock brand, 41 model, .45

calilr pistol bearing serial number WMA675 and one (l) Glock brand. 41 model, .45 caliber

pistol bearing serial number W MA678 by CS2 from OUTBREAK ORDNANCE, LLC, a

federally licensed ûrearms dealer, the defendant stated and represented on an ATF Form 4473

that it was his belief that it was not unlawful to stll, deliver, transporq or otherwise dispose of

the aforementioned srearms to CS2, when, in truth and in fact and as the defendant then and

there well knew, it was unlawful to sell, deliver, transporq or otherwise dispose of the

aforementioned firearms to CS2, in that CS2 was not the actual kansferee/buyer of the

21


2

aforementioned firearms and that the defcndant had not complied with Section 790.0655 of the

i Florida statutes, which required a mandatory tkee-day waiting period betwecn the date on1

which a handgun was purchased and the date on which the handgun was delivered to the buyer

by the retailers prior to transferring the afortmentioned tirearms to CS2, as required by, and in

violation of Section 790.0655 of the Florida Statutes.

In violation of Title 18, United Slates Code, Sections 924(a)(1)(A) and 2.

COUNT 30False Statement in Connection with Sale of a Firearm

(18 U.S.C. j 924(a)(1)(A)).E .C bout Februav 25

, 2015, in M onroe county, in the soutlwrn District of Florida,E on or a) .(.

t rt the defendant,. è

'

) THOMAS JOSEPH W ILLI,:q )(. t; did knowingly make a false statement and representation with respect to the information required

' by Chapter 44 of Thle 18, United States Code, to be kept in the records of a person licensed' (

'

'

; under this chapter, that is, in connection with the pmchase of one (1 ) Springfield Armory brand,.11è XD

-45 model, .45 caliber pistol and one (1 ) Spike's Tactical, LLC brand, SLl 5 model, .223i .

I, caliber rifle by CS2 from OUTBREAK ORDNANCE, LLC, a federally licensed firearms dealer, !

; the defendant stated and represented on an ATF Form 4473 that it was his belief that it was not! , .

)ik tmlawful to sell, deliver, transport, or otherwise dispose of the aforementioned firearms to CS2,

: I: when, in truth and in fact, and as the defendant then and there well knew, it wis unlawful to sell,)

) deliver, transport, or otherwise dispose of the aforementioned firearms to CS2, in that CS2 wasE .

)q

) not the actual transferee/buyer of the aforementioned firearms and that the defvndant knew and(( I$ had reasonable cause to know that the actual transtkree/buyer was a person who had been)

j '

) j) #

'

t i

'

@. ir. I

22

.

. l .i .

I:


previously convicted in any court of a crime punishable by imprisonment for a term exceeding

one year, in violation of Title 18, United States Code, Section 922(d)(1).

ln violation of Title 18, United States Code, Sections 924(a)(1)(A) and 2.

FORFEITURE ALLEGATIONS

n e allegations of this Superseding lndictment are re-alleged and by this1.

rvference fully incoporated herein for the purpose of alleging forfeiture to the United States of

America of certain property in which one or more of the defendants, JARW S NELSON

OSORI9, THOM AS JOSEPH W ILLI, and OUTBREAK ORDNANCE, LLC, has an

interest.

Upon conviction of any violation of Title 18, United States Code, Section 922,

Title 26, United States Code, Section 5861(d), or any violation of any other criminal 1aw of the

United States, as alleged in this Superseding Indictment, the defendants, JARW S NELSON

OSORIO, THOMAS JOSEPH W ILLI, and OUTBQFAK ORDNANCE, LLG shall fofeit

to the United States any firearm and ammunition involved or used in the commission of said

violation. Such property includes, but is not limited to:

(i) One (1) Remington brand, 700 model, .308 caliber rine;(ii) Ont (1) Smith & Wesson brand, M&P15 model, .223 caliber rifle;(iii) One (l) CCMG, lnc, brand, MK-4 model, 5.56mm rifle;(iv) One (1) Olock brrd, 41 model, .45 caliber pistol Garing serial nllmber

W M A675;

One (1) Glock brand, 41 model, .45 caliber pistol bearing serial numberW M A678;

(vi) One (1) Springield Armory brand, XD-45 model, .45 caliber pistol;(vii) One (1) Spike's Tactical, LLC brand, SLI 5 model, .223 calibtr rifle;(viii) One (1) Remington brand, 870 model, 12 gauge shotgtm btaring serial

number A8095765M ;

(ix) One (1) AFT Inc. brand, .38 caliber çscane gun'' bearing serial number01 17CO;

(x) One (1) .380 caliber S<flashlight gun'' beming serial mlmber 030;(xi) One (1) Ares Dtftnse brsnd, .410 gauge Sçflashlight gun'' bearing serial

number D4006797428;

23


(xii) 0ne (1) a G.R.A.D. brand, .22 caliber ttknife gun'' bearing serial numberD0552;

(xiii) Ont (1) G.R.A.D. brand, .22 caliber S%knife gun'' bearing serial numberGR3229AD;

(xiv) One (1) O.R.A.D. brand, .22 caliber Rknife gun'' bearing serial numberMF0502;

(xv) One (1) Harrison & Richardson brand, .410 gauge l'handy-gun'' bearing serialnumber 13503;

(Jvi) One (1) .410 gauge lshandy-gun'' bearing serial number 32417;(xvii) One (1) .410 gauge Rhandy-gun'' bearing serial numbtr 45709;(xviii) One (1) .22 caliber Gpen gun'' bearing serial mxmber 1PG87;(xix) One (1) .22 caliber ttpen gun'' bearing serial nllmber 0019(xx) One (1) .25 caliber çspen gun'' bearing serial number 0007PG;(xxi) One (1) Quicksilver brand, .22 caliber ççpcn gun'' btaring serial number

QSMl09;(xxii) One (1) .27 caliber çtknife gun'' bearing serial number 0200131 ;(xxiii) one (1) Glock brand, 42 model, .380 caliber pistol bearing serial number

ABET618; and

(xxiv) one (1) Heçkler & Koch brand, VP model, 9 millimeter pistol btaring serialnumber 224-039142.

If any of the proptly described above, as a result of any act or omission of tht

defendants:

a. cnnnot bt located upon the exercise of due diligence;

b. has been transferred or sold to, or dem sited with, a third party;

c. has been placed beyond the jurisdiction of the court;

d, has been substantially diminished in value; or

e. hms been commingled with other property which cannot be divided without

dim culty,

the United States of America shall be entitled to forfeiture of substimte property pmsuant to Title

21. United States Code, Section 8571), as incomorated by Title 28. United Slales Code. Section

2461(c).

24


All pursllsmt to Thle 18, United States Code, Section 924(d)(1), Title 26, United States

Code, Section 5872(a), and the procedmes sd forth in Title 21, United States Code, Section 853,

all made criminally applicable by Title 28, United States Code, Section 2461 (c).

A TRUE BILL

tW I DQ A, FERRERUNITED STATES ATTORNEY

>

PIX STOPHER B. Bkdn EASSISTANT UNITED STATES ATTORNEY

25


UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA

V*.

JARVIS NELSON OSORIO,THOMAS JOSEPH W ILLIand OUTBREAK ORDNAMCE, LLC, I

Defendantl.

Coud Dlvislon: (seled one)

Miami Ke W est ..M-w(u FzpFTL

I do hereby certi: that:

1. l have carefully considered the allegations pf the indictmqnt the number of defendants, the numberofrobable witnesses and the legal complexlties of the Indlctyenylnformation attached hereto.P

3.

4.

5.

I am aware that !h: information su plied Qq this ?tqtemeqt wil! be relied upon by the Judges of thisJschedullng cnmlna, tnals under tbe mandate of tbe speedy Trialcourt in setting thelr cayndars anAct, Title 28 u.s.c. sectfon 3161.

lqterpreter: (Yes Qr Nj NoLlst Ianguage and/or dlalec

This case will take 6-10 days for the parties to try.

Please check appropriate category and type of oKense Iisted below:

(Ce k lnly @f1e)

CASE NO. ISWX O -WIMARTINEPSNOWI#) - - - -

CERTIFICATE OF TRIAL AU ORNEY*

Supeaedlng Cale Informatlon:

New Defendanqs) YesNumber of New DefendantsTotal number of covnts

No X- U

6.

(Cœ : (mly (oe)

l 0 to 5 days11 6 to IQ dayslII 1 1 to 20 daysIV 21 to 60 daysV 61 days and over

Has this case been previously filed in this District Court? (Yes Qr No) Yeslf yes: Judge Jose E. MadinezJqdge: Case No. IS-IOX 8-Cr-MARTINEZ/SNOW

Attach Cepy Vf dispositive vrdeq)has a complant been filed In thls matter? (Yes or No) NOIf yeq:Magdstrate Case No. - - - - - - -Related Misc#llaneous num- rs: NfADefendantts) ln federal custody as of Q7/16/2015Defendanqs) ln state custody as ofRule 20 from the - Disthct of -

Is lhis a potentia! death penalty case? (Yes or No) --I--N

P#ttyMlnorMlsdem.Felony

XU -

Dpes this case or ci inate from a maqer pending in the Northern Region of the U,S. Attorney's OfficeC4, 2003? - - - Yes X Noprlor to october

Dpes this case originate from a matter pending in the Central Region of the U.S. Attorney's Officeprlor to September 1, 20077 Yes X No

CHRISTOPHER BU-BROW NEASSISTANT UNITED STATES AU ORNEYBar No. 91337

*penalty Sheeqs) attached Rw4/8/:ô

8.


UNITED STATES DISTRICT COURT

SOUTHERN PISTRICT OF FLOW DA

PENALTY SHEET

Defendant's Name: JARVIS NELSON OSOm O

Case No: IS-IOOM8-CR-MARTINEDSNOW IS)

Count #: 1

Cpns.piracy to Commit Firesrms Tramcking Violations

Til).ç 18, United Stateq- Cpde, Section 371

*M ax. Penalty: 5 Years' Imprisonment

Counts #: 2-3

Sale of a Firearm to a Prohibited Person

Title 18, United States Code, Section 922(d)(1)

*Max. Penalty: 10 Years' Imprisonment -

Counts #: 4-5

Sale of a Firearm to a Person under Twenty-one Years of Age

Title 1 8, Unhed States Code, Section 922(b)(1) - - - - -- - - --


Count #: 6

llle-gal Sale by Federally Licensed Dealer in Violation of State Law

Title 18, United States Code, Section 922(b)(2)

wM axr Penalty: 5 Years' Imprisomnent


Counts #: 7-21

Receipî and Possession of an Unregistered Firtarm

Title 26, -u-n-it-ed

- -s-tates

. C. p de, Section 586 1 (d)

*.M.>x. Pepplty: 10 Years' Imprisonment

Counts #: 22-26

Failurt by -lrt-dtrally Licensed Dealer to Keep Proper- Records

Title l8,-united States Code, Section 922(b)(5)

*M axp Penalty: 5 Years' Imprisonment

Count #: 28

False Statement in Connection with Sale of Firearm

T.i!14-1 8, United States Code. Section 924(a)(1)(A)

*M ax. PfI?>I4y: 5 Years' Imprisonment

*Refen only to possible term of intarceration, does nof include possible nnes, restitution,speeial assessm ents, parole terms, er forfeitvres tbat may bt applitable.

1.î


UNITED STATES DISTRICT COURTSOUTHERN DISTRIW OF FLORIDA

PENALTY SHEETj ' .

j 'Defendant s Name: THOMAS JOSEPH W ILLI

Case No: IS-IeOO8-CR-MARTINED SNOW IS) '

Count #; 1

Con-spir-acy to Commit Firearms Tram cking Violations

l Title 18, U- nited Stat-es- C- ode, Stction 37 1!

-- - -- -

. *M ax. Penalty: 5 Years' Imprisonment

Counts #: 2-3


Title l 8, United States Code, Section 922(d)(1)

*Max. Penalty: 10 Years' Imprisonment i'

)Counts #: 4-5

Sale of a Firearm to a Persen under Twenty-one Yev s of Age

ITitle I 8. United States Code, Section 922(b)(1) - - - --

*Max. Penally: 5 Years' Imyrisonmtnt

l # 6 'Count : j jIllcgal Sale by Feder

-ally Licensed Dealer in Violation of State Law

l Title l 8, United States Code, Section 922(b)(2)j - - - --

.

: I' *M ax. Penalty: 5 Years' lmprisonment

i

!l I

I

J r 7 : t n r .i 'l. .


Counts #: 7-2 1

Receipt and Possession of an Unregistered Firearm

Titlç 26, United States Code, Section 5861(d)

*M ax. Penalty: 10 Years' Imprisonment -

Counts #: 22-26

Failure by Federally Licensed Dealer to Keep Proper Records

Title 18, United States Code, Section 922(b)(5)

*M..>x,-Pena!+: 5 Years' Imprisonment

Counts #: 27, 29, and 30

False Statement in Cormection with Sale of Firearm

Title 18, United States Code, Section 924(a)(1)(A) -


ARefers only to possible term of inearceration, does not intlude possible snes, restitution,special assessm ents, parole term s, or forfeitures that may be applicable.


UNIT'D STATES DISTW CT COURT1 SOUTHERN DISTRICT OF FLORIDAl

PENALTY SH E-ET

pefendant's Name: OUTBQYAK ORDNANCE, LLC

Case N@: IS-IOBO8-CR-MARTINEDSNOWIS)! . .. ... . .

! count #: 1

Conspiracy to Commit Firearms Tramcking Violationsj ' . .î Title 18

, United States Code. Section 37 1)$

'

*M ax. P-ena

-lty

-: $250.000 Fine

Counts #: 2-3


Title 18, United States Code, Section 922(d)(1) - - -

*M ax. P-ena

-lty: $250,000 Fine

Counts #: 4-5

Sale of a Firearm to a Person under Twenty-onc Years of Age

Thle 1 8, United States Code, Section 922(b)(1). . .

WMax. Penalty: $250,000

Count #: 6

llleg-al Sale by Federally Licqnstd Dealer in Violation of State Law

T-itl

-e 1 8

-, United States Code, Section 922(b)(2)' . .. - - * *

. . -

*M ax. Penalty: $250,000 Fine

))

.j'

)7


Counts #: 7-21

Feçeipt and Possession of an Unregistered Firearm

Title 26, United States Code, Section 5861(d)

*Max. Penalty: $250,000 Fine

Counts #: 22-26

Failure by Federally Licensed Dealer to Keep Proper Records

Title l 8, U- nited States Code, Section 922(b)(5)

*Max. Pqnalty: $250,000 Fine


Documents

0 t - Guns.com · the actual tr=sferee/buyer of the firearm; and si> the form in the box entitled StTransferor's/stller's Signature.'' 13. Once ATF Form 4473 was completed and the