2003-06-12 -- Cumaoglu, Babur -- Indictment -- News Release

Wayne Man Indicted for Possessing Machine Gun

NEWARK - A Passaic County man man was indicted today, charged with possessing an M4 machine gun, U.S. Attorney Christopher J. Christie announced.

Babur Robert Cumaoglu, 38, of Wayne, was charged in the one-count Indictment handed up this afternoon, according to Assistant U.S. Attorney Kevin G. Walsh.

Cumaoglu was arrested early the morning of May 15, 2003, by Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The agents executed a search warrant seeking evidence that Cumaoglu was purchasing fully automatic firearms from South America through use of e-mail correspondence and the Internet. In the course of locating and seizing computer-related evidence regarding Cumaoglu's Internet use, ATF discovered the machine gun in Cumaoglu's home, according to a criminal complaint and the Indictment.

The Indictment alleges that, on the date of his arrest, Cumaoglu possessed the Colt model M4 machine gun at his home after the firearm had previously moved across state lines in interstate commerce.

Cumaoglu has been free on a $100,000 unsecured bond since his arrest. Cumaoglu's next appearance in court will be for arraignment on the Indictment sometime in the next two weeks.

Cumaoglu faces a maximum penalty of 10 years in federal prison and a fine of $250,000.

Under U.S. Sentencing Guidelines, the U.S. District Judge to whom the case is assigned would, upon conviction, determine the actual sentence based upon a formula that takes into account the severity and characteristics of the offense and the defendant's criminal history, if any.

Parole has been abolished in the federal system. Under the Sentencing Guidelines, defendants who are given federal custodial terms must serve nearly all that time in prison.

Despite Indictment, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt following a trial at which the defendant has all of the trial rights guaranteed by the U.S. Constitution and federal law.

Christie credited Special Agents of the ATF West Paterson Field Office, under the direction of William G. McMahon, Special Agent in Charge of the ATF New York Division, with developing the case against the defendant.

The government is represented by Assistant U.S. Attorney Walsh of the U.S. Attorney's Violent Crimes Unit in Newark.

-end-

Defense counsel: Kalman Harris Geist Esq., West Paterson