ATF Employee Caught Gun Running To Mexico - Grassley To ATF - Employee Misconduct

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October 18, 2023

VIA ELECTRONIC TRANSMISSION

The Honorable Steven Dettelbach


Director
Bureau of Alcohol, Tobacco, Firearms and Explosives

Dear Director Dettelbach:

Legally protected whistleblower disclosures to my office have raised concerns with


respect to the failure of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to hold
its employees accountable for engaging in criminal misconduct. The disclosures include
allegations and documents evidencing that the ATF failed to fully investigate an ATF employee
working in Mexico who allegedly admitted to illegally trafficking firearms from the U.S. into
Mexico for years. The allegations and documents also show that the ATF separately failed to
impose any disciplinary or corrective action against an ATF Supervisory Special Agent who
allegedly engaged in drunk, disorderly misconduct and was arrested for assaulting a man while
assigned in Mexico.

According to ATF documents, in 2017, ATF Investigator Jose Luis Meneses (Meneses),
a foreign national, was assigned to the ATF office within the U.S. Consulate in Tijuana, Mexico,
and admitted to engaging in trafficking numerous firearms for multiple years; however, the ATF
declined to initiate a full investigation. On May 9, 2017, Craig Saier, the then-ATF Attaché for
the Mexico Country Office (ATF Mexico), wrote an email to William Duncan, the then-State
Department Deputy Chief of Mission for Mexico City, that transmitted a signed memo titled
“Notification to Government of Mexico of ATF Investigator Involved in Firearms Trafficking”
(“ATF memo”) that included information about the ATF’s interrogation and discovery of
Meneses illegally trafficking firearms into Mexico. 1 According to the ATF memo, the ATF
received a tip from a firearms dealer about suspicious purchases made by Meneses. 2 However,
it’s been alleged that the memo was never sent to the Government of Mexico, and the scope of
Meneses’s trafficking activity was not fully investigated.

The ATF memo provides that on March 14, 2017, the Regional Security Officer of the
State Department for the Consulate of Tijuana, an HR representative, and the ATF Deputy
Attaché in Tijuana interviewed Meneses after ATF Mexico received a tip that Meneses had

1
Email from Craig Saier to William Duncan (May 9, 2017)
2
Notification to Government of Mexico of ATF Investigator Involved in Firearms Trafficking (May 9, 2017)
Director Steven Dettelbach
October 18, 2023
Page 2 of 5

trafficked firearms into Mexico. 3 In the interview, Meneses admitted that for multiple years he
ordered various firearms parts from the internet and retail stores in the U.S. to traffic into
Mexico. 4 Meneses claimed that he purchased enough firearm parts to complete eight AR-15
style rifles that he would traffic to Mexico. 5 According to the memo, Meneses admitted that he
would have the firearms parts shipped and delivered to a PO Box registered to his wife that was
located in San Diego, California, where he would pick up and illegally transport the parts to
Mexico. 6 On March 16, 2017, agents from the ATF San Diego Field Office obtained and
executed a federal warrant to search the PO Box and intercepted packages containing AR-15
weapon parts as well as high-capacity magazines for .223 rifle ammunition. 7

Meneses further admitted that he purchased and trafficked firearms for at least three
people in Mexico: his brother who was a police officer, a state judicial official, and a man
identified as “Romero,” a former member of the Mexican military. 8 The memo states that
“Romero” would complete the AR rifles in Mexico to further sell and traffic the firearms to
others in Mexico. 9 According to media reports at the time, it was widely known that Mexican
drug cartels would recruit current and former Mexican military personnel to be enforcers to carry
out violent attacks on behalf of cartels. 10

The whistleblower disclosures to my office indicate that the full extent and scope of
Meneses’ criminal activity is unknown because a full criminal investigation into his alleged
illegal firearms trafficking network or associates wasn’t done. For example, according to the
ATF memo and whistleblower disclosures, ATF did not investigate whether Meneses had ties to
Mexican cartels, whether “Romero” was connected to the cartel, the full extent of Meneses’s
trafficking network, whether he had co-conspirators both in the U.S. and Mexico, or if other ATF
employees were complicit or involved in his criminal activity. Whistleblower disclosures
indicate that Meneses used his ATF issued devices and diplomatic vehicle to conduct some or all
of his firearm trafficking into the U.S. because his diplomatic plates would not subject him to
searches at the U.S. and Mexico borders. The ATF could have run a trace on Meneses
government phone and GPS location data for the vehicle but, according to allegations, they did
not. If the ATF maintains possession of evidence contradicting these allegations and the ATF
memo, please provide them immediately.

3
Notification to Government of Mexico of ATF Investigator Involved in Firearms Trafficking
4
Notification to Government of Mexico of ATF Investigator Involved in Firearms Trafficking
5
Notification to Government of Mexico of ATF Investigator Involved in Firearms Trafficking
6
Notification to Government of Mexico of ATF Investigator Involved in Firearms Trafficking
7
Notification to Government of Mexico of ATF Investigator Involved in Firearms Trafficking
8
Notification to Government of Mexico of ATF Investigator Involved in Firearms Trafficking
9
Notification to Government of Mexico of ATF Investigator Involved in Firearms Trafficking
10
Falko Ernst, 'The training stays with you': the elite Mexican soldiers recruited by cartels, The Guardian (Feb 10,
2018) https://www.theguardian.com/world/2018/feb/10/mexico-drug-cartels-soldiers-military; Andrew V. Pestano,
Mexico arrests soldiers attempting to sell firearms to Los Zetas cartel, United Press International (Jan. 31, 2017)
https://www.upi.com/Top_News/World-News/2017/01/31/Mexico-arrests-soldiers-attempting-to-sell-firearms-to-
Los-Zetas-cartel/5191485874772/
Director Steven Dettelbach
October 18, 2023
Page 3 of 5

Despite Meneses admitting to illegally trafficking firearms while employed by the ATF,
the ATF’s memo downplays Meneses’s criminal activity by treating it as a Human Resources
administrative matter. For example, the memo provides that the consequence for admitting to
engaging in this activity merely was that “Menses was placed on administrative leave on March
14, 2017.” The memo further states that “following an administrative investigation, on April 10,
2017, his employment at the U.S. Consulate in Tijuana ended.” According to allegations, the
ATF terminated Meneses “without cause” and ultimately paid him a severance package after the
termination.

In addition to the allegations above, according to a 2019 police report provided to my


office, Supervisory Special Agent (SSA) Jose Ruiz became highly intoxicated after heavy binge
drinking while stationed at ATF Mexico. 11 SSA Ruiz then, according to the report, engaged in
disorderly conduct and pushed a man off a ladder, causing significant injuries. 12 SSA Ruiz was
arrested and taken to jail for his alleged attack on the man, and emergency services had to
transport the individual to the hospital. 13 It is alleged ATF Mexico performed an extensive
search and expended government resources to locate SSA Ruiz, and they discovered he had been
arrested and placed in jail.

An ATF Internal Affairs (IA) investigation form provided to my office also


acknowledged the incident. 14 It provides that ATF IA were investigating allegations of
“misconduct by drinking alcohol and having an accident and causing someone to fall off a ladder
and getting hurt.” 15 However, it failed to mention that the police were called and SSA Ruiz was
arrested and spent the night in jail. It is alleged at the conclusion of the ATF IA inquiry, SSA
Ruiz was cleared of all wrongdoing, faced no consequences or disciplinary actions for allegedly
assaulting the victim and for being arrested, and Ruiz continued in his management position.

If these protected disclosures are true and accurate, they illustrate a failure by the ATF to
hold its employees accountable for criminal misconduct and fully investigate potential
connections between firearms traffickers within the ATF’s own ranks and Mexican cartels.
Instead of targeting lawful American taxpayers who exercise their fundamental Second
Amendment rights, the ATF needs to hold its own employees accountable and take the steps
necessary to fully investigate their criminal activity. The ATF’s apparent failure to police itself
breaks faith with the American people.

So that Congress may conduct objective and independent oversight concerning the ATF’s
efforts to hold its employees accountable, prevent transnational criminal cartels from using ATF

11
Jose Ruiz Police Report Carpeta De Investigación: CI‐FCH/CUH‐2/UI‐3C/D/01568/03‐2019
12
Jose Ruiz Police Report Carpeta De Investigación: CI‐FCH/CUH‐2/UI‐3C/D/01568/03‐2019
13
Jose Ruiz Police Report Carpeta De Investigación: CI‐FCH/CUH‐2/UI‐3C/D/01568/03‐2019
14
ATF Internal Affairs Division Acknowledgement of Investigation Form
15
ATF Internal Affairs Division Acknowledgement of Investigation Form
Director Steven Dettelbach
October 18, 2023
Page 4 of 5

employees to traffic firearms from the U.S. into Mexico, and sufficiently vet its employees,
please provide answers to the following no later than October 18, 2023.

In regard to ATF Investigator Meneses:

1. Provide all records 16 relating to the administrative investigation into Meneses.


2. Did ATF, or another agency, investigate Meneses’s alleged co-conspirators and whether
other ATF employees were complicit or involved in his trafficking? If so, provide all
records. If not, why not?
3. Provide all records related to Meneses allegedly trafficking firearms from the U.S. to
Mexico.
4. Provide all records related Meneses’s use of his ATF issued vehicle and devices to
allegedly traffic firearms from the U.S. to Mexico.
5. Provide the personnel file for Meneses and a description of all disciplinary conduct
imposed upon him.
6. Why did ATF Attaché Saier not transmit the May 9, 2017, memo to the government of
Mexico to notify them that Meneses allegedly engaged in firearms trafficking?
7. Was Meneses terminated “without cause”? If so, why and was Meneses paid a severance
package? What amount did he receive?
8. Did the ATF investigate Meneses for any connections with transnational criminal
organizations operating firearms smuggling networks in the U.S. or in Mexico? If so,
provide all records. If not, why not?
9. Has the ATF investigated any ATF employees for any connections with transnational
criminal organizations operating firearms smuggling networks in the U.S. or in Mexico?
If so, provide all records.
10. What is the process, procedure and policy for screening the background of foreign
nationals employed by the ATF in Mexico? Was that process, procedure and policy
followed for Meneses? Provide all records.
11. Were any concerns, to include derogatory information, raised during Meneses’s
background screening before being employed by ATF Mexico? If so, what? Provide all
records.
12. Was Meneses subject to additional background screening while employed by the ATF?
If so, please describe. If not, why not?
13. Did Meneses have a security clearance? If so, at what level? Please provide his SF-86.
14. Given his connection with “Romero” formerly of the Mexican military, has the ATF
referred Meneses or information on “Romero” and the other coconspirators to other U.S.
law enforcement agencies or Mexican officials for investigation? If yes, provide records
of the referrals. If not, why not?

16
“Records” include any written, recorded, or graphic material of any kind, including letters, memoranda, reports,
notes, electronic data (e-mails, email attachments, and any other electronically-created or stored information),
calendar entries, inter-office communications, meeting minutes, phone/voice mail or recordings/records of verbal
communications, and drafts (whether or not they resulted in final documents).
Director Steven Dettelbach
October 18, 2023
Page 5 of 5

15. Following his employment with the ATF:


a. Were any firearms traced in Mexico linked to Meneses? Provide records of all
firearms traces and their result.
b. Was Meneses identified or investigated by the government of Mexico or other
U.S. law enforcement agencies for engaging in criminal activity?
In regards to SSA Ruiz:
1. Why did ATF OIA not impose any disciplinary action?
2. Was OIA aware that SSA Ruiz was allegedly arrested and imprisoned by Mexican
authorities for pushing a Mexican national off a ladder? If not, why not? If yes, why was
this information absent from the ATF OIA document?
3. With respect to the ATF’s efforts to locate SSA Ruiz while he was allegedly imprisoned
in Mexico, please provide a break down of the hours, manpower, GPS traces, and other
efforts spent by ATF and the cost to the taxpayer.
4. Did SSA Ruiz or the ATF pay for the Mexican national’s medical bills related to SSA
Ruiz allegedly pushing him off a ladder? If not, why not? If yes, provide records of how
much was paid and whether taxpayer dollars were used for the payment.

Thank you for your prompt review and responses. If you have any questions, please
contact my Committee staff at (202) 224-0642.

Sincerely,

Charles E. Grassley
Ranking Member
Committee on the Budget

Enclosures
ATF Meneses Email to State and Unsent Memo to Government of Mexico from Craig Saier
May 9, 2017

Eduardo Cruz Gomez


Principal of the Special Investigative Unit on
Terrorism, Mass Possession of Military Weapons and Arms Trafficking (UEITA)
Esteemed Mr. Cruz:
Through means of this document, I am releasing the following information to you:
On March 14, 2017 Department of Justice (DOJ) Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) Investigator Jose Luis Meneses Valle ( ) stationed to the
National Foreign Service at the U.S. Consulate to Mexico in Tijuana, was interrogated by the
Department of State (DOS) Regional Security Officer (RSO) of the Tijuana Consulate. Among
those present during the interview were: The Administrative Official, a Human Resources
representative, and the ATF – Tijuana Deputy Attaché.
The interrogation originated from a March 13, 2017 phone call to the Consulate of Tijuana by an
arms parts’ vendor posing questions regarding suspicious purchases made by Meneses.
During the interrogation, Mr. Meneses, a Mexican national
signaled that in past years he had
placed online orders for firearms parts from various U.S. vendors. He mentioned that the vendors
shipped parts were shipped and delivered by the vendors to: PO BOX # 1951 located at (address:
). The PO Box was is in his wife’s name and
he was registered as a user. In addition to online, Meneses also purchased firearm parts from a
retail store located in National City, California 91950.
Meneses assured that he purchased enough firearm parts to assemble eight (8) AR-15 rifles, with
parts including unfinished receivers, barrels, short barrels, stocks, and trigger mechanisms which
following delivery would be trafficked towards Mexico. He mentioned that he had also recently
ordered four unfinished receivers along with additional AR parts which were set to deliver to the
PO BOX within the next day or two.
On March 16, 2017 ATF agents from the San Diego office intercepted various packages
addressed to Meneses that were delivered to the PO BOX, for which they obtained a federal
search warrant. The packages contained AR parts and high-capacity magazines for .223
ammunition.
Meneses declared that he bought and trafficked firearms parts to Mexico on behalf of at least
three Mexican individuals. 1) His brother: Aldo Meneses Betran who is a police
agent at the Oficina Del Fiscal Baja California, 2) “Romero” a retired member of the Mexican
military whose cell phone number is , and 3) Edgar Melgar, a state judicial official
with a cell phone . Meneses was part of a shooting club in Tijuana where he’d
spend time with “Romero” and Edgar Melgar, who were also club members.
Meneses said that he either profited or was reimbursed upon delivering the parts in Mexico. He
assured that he provided the parts and accessories to his brother, Aldo, for use by him and other
members of the tactical state police unit he was part of. He indicated that he gave the AR parts to
“Romero” who he described as a shipowner/operator and that he believed he assembled AR rifles
to sell them to other military members.
Menses was placed on administrative leave on March 14, 2017 and following an administrative
investigation, on April 10, 2017 his employment at the U.S. Consulate in Tijuana ended.
This is confidential information.
I’d also like to take this opportunity to send you greetings.

Sincerely,

Craig W. Saier
Attaché
Page 1 of 2

COVER PAGE
“Angel Zona Rosa”
Wrongful Injury (Fall)
Saturday, March 2, 2019 at 01:10
Address: Rio Ebro y Calle Rio Lerma Col. Cuahtemoc Alcaldia Cuautemoc
Centro C-1.2.14 || X: -99.1692576 Y: 19.4283483
Detainee: Jose Antonio Ruiz [does not provide] (49 Years old)
Police Officers:
, Senior Constable,
, Senior Constable,
Unit: MX-

Pg. 2 REPORT OF EVENTS


C2 Reports Injury
Officers and ,
patrol team mx- , were patrolling along Streets Rio Nilo y Rio Lerma of the Colonia
Cuahtemoc, when they were approached by a man requesting assistance. He stated that his name
is and that he needed help because someone had thrown his father
off of the ladder on which he was working. At this point boarded the police car
and they drove to the social establishment “Churreria El Moro” located at Rio Lerma 167 De La
Colonia Cuahtemoc.
Upon exiting the patrol unit, they noticed that there was a ladder thrown on the sidewalk. By it,
a man named who indicated pain in his right leg. Medical
support was requested via radio.
Mr. pointed to a male leaning against a wall and claimed that the
man was responsible for throwing his father off the ladder and called for the man’s arrest.
When officers and approached the
man pointed out to them, they realized that he was in a drunk state. The officers interviewed José
Antonio Ruiz (49 year old from Puerto Rico) on the complaint made against him by Mr
for throwing his father.
With regards to assurance [NOT CLEAR] his rights were read to him and he was checked for
any objects that could pose harm.
At 00:15 hours the medical unit MEDICA SOPORTE VITAL ECONÓMICO 18 arrived, led by
paramedic , along with additional staff. They tended to Mr.
, it was indicated that he’d be transported to the hospital Magdalena de Las Salinas for
medical attention.
Page 2 of 2

During his transfer to the Investigative Unit of Public Ministry CUH-2 the investigative case
number assigned was: CI-FCH/CUH-2/UI-2 C/D/01568/03-2019 categorized as a complaint for
wrongful injury (reason: fall).
Line of Investigation:
Following review of relevant systems available to this secretariat Jose Antonio Ruiz was not
found to be associated with any prior public ministry records.
Pg. 3 REPORT (continued…)
Prior matters upon the public ministry.
Pg. 4 PROBABLE SUSPECT
Results obtained through consultation with the secretariats’ sources [unclear].
Jose Antonio Ruiz, 49 years old.
Pg. 5 VICTIM
.
Diagnosis: Right ankle and femur injury
Medical Unit: 18 de Soporte Vital
Hospital: Magdalena de Las Salinas

Pg. 6 GEOREFERENCING
(see original source)

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