Press Releases
FORMER GUN SHOP OWNER AND TWO OTHERS PLEAD GUILTY IN FEDERAL COURT
November 28, 2007
FOR IMMEDIATE RELEASE
TIMOTHY HARRIS, SR., age 53, a resident of Jefferson, Louisiana, and HERMANN EICKE, III, age 64, a resident of Kenner, Louisiana, pled guilty before U. S. District Judge Sarah S. Vance to conspiracy to engage in the business of dealing in firearms without a license, and to make false statements with respect to information required to be kept in the records of a federally licensed firearms dealer. TIMOTHY HARRIS, SR. also pled guilty to wire fraud and aggravated identity theft. REBECCA ZITZMANN, age 42, a resident of Jefferson, Louisiana, also pled guilty to conspiracy to make false statements with respect to information required to kept in records of a federally licensed firearms dealer, announced U. S. Attorney Jim Letten, along with David Harper, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Kim Tate, Special Agent in Charge, United States Secret Service.
According to court documents, the charges stem from activities that were undertaken by the defendants related to the operation of Elliot’s Gun Shop, formerly located at 3008 Jefferson Highway, Jefferson Parish, Louisiana. Specifically, on or near February 1, 2005, TIMOTHY HARRIS, SR. and HERMANN EICKE, III agreed that EICKE would submit an application to acquire a federal firearms license and falsely represent that he would own and operate Elliot’s Gun Shop, if the application was approved. In fact, EICKE agreed to submit such application in order to enable HARRIS, who was prohibited from possessing a federal firearms license, to own, operate and receive the majority of revenue generated from the sale of firearms by Elliot’s Gun Shop. In exchange, HARRIS agreed to pay EICKE $1,000 a week as an employee of Elliot’s Gun Shop.
In April, 2005, the Bureau of Alcohol, Tobacco, Firearms and Explosives approved the application submitted by EICKE, and on May 1, 2005, Elliot’s Gun Shop began operating under the actual hidden authority and control of HARRIS. From May 1, 2005, through May 16, 2007, Elliot’s Gun Shop sold approximately 13,200 firearms. With respect to a number of those firearm’s transactions, HERMAN EICKE, III and REBECCA ZITZMANN made, or encouraged others to make, false representations on forms which, in some cases, resulted in the transfer of firearms to purchasers who were prohibited from possessing such firearms. With respect to a number of other firearms transactions, HERMANN EICKE, III and REBECCA ZITZMANN forged, or encouraged others to forge, the signatures of customers who purchased firearms on forms to represent that those purchasers were not prohibited from possessing such firearms. Such transactions are known as “straw sales.”
In addition, TIMOTHY HARRIS, SR. engaged in a scheme in which he, without authority, altered forms, which contained government-issued credentials of law enforcement officers, which enabled him to purchase Glock firearms at discounted prices which he then sold to the general public for full retail price. The forms, which were originally legitimately executed by law enforcement officers for individual purchases, enabled Elliot’s Gun Shop to purchase Glock pistols at a discount price as long as the firearms were sold to law enforcement officers at a corresponding retail discount price. By falsely representing that the law enforcement officers subsequently purchased additional Glock pistols, TIMOTHY HARRIS, SR. was able to purchase additional Glock firearms at the wholesale discount price which he then sold for full retail price to members of the public, thereby increasing his profit margins.
HARRIS, EICKE, and ZITZMANN also agreed to forfeit to the United States approximately $203,000.00, two pieces of real property, a 2007 Chevrolet Avalanche automobile, and, a 2006 Nautic Star boat. Additionally, the defendants have agreed to forfeit to the United States over 1,000 firearms consisting of the gun shop’s inventory, which had been seized by ATF and Secret Service Agents at the time of the search and arrests. All three defendants were charged in a bill of information filed in U. S. District Court on September 25, 2007.
ATF Special Agent in Charge David Harper speaking to today’s plea, stated:
“This investigation revealed that those operating Elliot’s Gun Shop were illegally diverting firearms to the some of the most violent criminals in our community. These arrests and guilty pleas have served to substantially reduce the illegal diversion of firearms to the criminal element in the New Orleans area. Further, this prosecution serves as a notice to the few federally licensed dealers that we will use all our resources to prosecute and convict those who would misuse this privilege for personal profit at the expense of the public safety.”
HARRIS faces a maximum term of imprisonment of twenty-seven (27) years, a fine of $500,000 and three (3) years of supervised release following any term of imprisonment. EICKE faces a maximum term of imprisonment of five (5) years, a fine of $250,000 and three (3) years of supervised release following any term of imprisonment. ZITZMANN faces a maximum term of imprisonment of five (5) years, a fine of $250,000 and three (3) years of supervised release following any term of imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U. S. Secret Service. The case is being prosecuted by Assistant U. S. Attorney Samuel D. Marsh.
(Download Factual Basis: Harris, Zitzmann, Eicke
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