Statement of Facts — U.S. v. Tre'Shawn N. Brooks, No. 3:22-cr-00110 (E.D. Va.)

Summary

A Statement of Facts in United States of America v. Tre'Shawn N. Brooks, No. 3:22-cr-110, Case 3:22-cr-00110-HEH, Document 15, filed 08/09/22, in the Eastern District of Virginia, Richmond Division. The United States and the defendant stipulate that the allegations in the Criminal Information and the listed facts are true and correct. It states that from about January 2021 through about June 2021 Brooks and others conspired to make false and fictitious written statements to federal firearms licensees in violation of Title 18, United States Code, Section 922(a)(6). It describes pistol purchases on January 21, 2021, April 9, 2021 and June 27, 2021, with "Yes" answers on ATF Forms 4473 to the actual transferee/buyer question, and says Brooks gave pistols to co-conspirators who paid for them.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

 Case 3:22-cr-00110-HEH Document 15 Filed 08/09/22 Page 1 of 8 PageID# 44




                     IN THE UNITED STATES DISTRICT COURT FOR THE
                                EASTERN DISTRICT OF VIRGINIA .
                                          Richmond Division

  UNITED STATES OF AMERICA

          V.                                              No. 3:22-cr-    110
  TRE'SHAWN N. BROOKS,

          Defendant.


                                      STATEMENT OF FACTS

        The United States and the defendant, TRE' SHAWN N. BROOKS (hereinafter, "the

 defendant"),· stipulate that the allegations contained in the Criminal Information and the

 following facts are true and correct, and that had this matter gone to trial, the United States

 would have proven each of them beyond a reasonable doubt.

         1.     At all times relevant to the Criminal Information,· BROOKS has been a resident of

• Richmond, Virginia, within the·Eastem District of Virginia.

        2.      Beginning in or about January 2021, and continuing through in or about June

 2021, the exact dates being unknown to the Grand Jury, in the Eastern District of Virginia and .

 elsewhere, defendant TRE'SHAWN N. BROOKS and others, known and unknown to the Grand

 Jury, did unlawfully and knowingly combine, conspire, and agree with each other to commit an .

 offense against the United States, that is: to unlawfully and knowingly make false and fictitious

written statements to licensed firearms dealers within the meaning of Chapter 44, Title 18,

United States Code (also known as "federal firearms licensees") in connection with the

acquisition ·of firearms, with such statements intended to and likely to deceive the federal firearm

licensees as to a fact material to the lawfulness
                                           .
                                                  of. the sale of such firearms, in violation of Title
                                                                      .                    .




 18, United States Code, Section 922(a)(6).


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         3.    · The object of the conspiracy was to evade federal firearms laws and regulatory

 regimes governing the sale of firearm. The ways, manner, and means by which BROOKS and

 members of the conspiracy accomplish~d the conspiracy included the following:

         4.     It was part of the conspiracy that members of the conspiracy asked BROOKS to

 purchase firearms from federal firearm licensees on their behalf.

         5.     It was further part of the conspiracy that BROOKS and other members of the

 conspiracy agreed upon sale prices for firearms that would be purchased at federal firearm

 licensees.

        6.      It was further part of the conspiracy that members of the conspiracy specified to

 BROOKS what firearms to purchase at federal firearm licensees.

        7.      It was further part of the conspiracy that BROOKS signed false certifications and

 provided materialiy false information in Bureau of Alcohol, Tobacco, Firearms and Explosives

 ("ATF") Forms 4473 (Firearms Transaction Records) .during the purchase of firearms from

federal firearm licensees.

        8.     It was further part of the conspiracy that BROOKS gave firearms purchased from

federal firearm licensees to other members of the conspiracy who were not the designated buyers

of the firearms as listed on the ATF Forms 4473. Such co-conspirators paid BROOKS for the

firearms;

        9.    , Between on or about January 20, 2021 and July 21, 2021, BROOKS participated

in a conspiracy to purchase firearms on behalf of at least co-conspirators ("CC")-1, CC-2, C~-3,

· and CC-4 in exchange for money.

        10.    On or about January 20, 2021, CC-1 asked BROOKS whether he would purchase

a firearm for CC-I when BROOKS got off work. BROOKS agreed and admonished CC-t via




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text message that he "cant b hot" with the gun BROOKS would purchase. When CC-1 stated

that he was not "hof' with his guns, BROOKS replied in a text message, "ldk [I don't care] what

u do w yo guns ... Ik [I know] im hotw mine."

        1L     In the same text message conversation on January 20, 2021, BROOKS clarified

he was not going to put a gun "in my name for nobody for free" but that he was not going to

"make [CC-1] pay full price either." BROOKS and CC-1 agreed on a price for the gun.

        12.    The next day, on January 21, 2021, CC-1 told BROOKS via text message, "Ik [I

know] exactly what I want... They got my John wick gun in my favorite color."

        13.    Thereafter, on January 21, 2021, BROOKS purchased a Walther Model Q5 Match

9 mm caliber pistol, bearing serial number FCY2072, from Southern Police Equipment, a federal

firearm. licensee, in the Eastern District of Virginia. To receive the weapon, BROOKS

completed an ATF Form 4473 in which he answered "Yes"to the question:

       "Are you the actual transferee/buyer of the firearm(s) listed on this form and any
       continuation sheet(s) (ATF Form 5300.9A)? Warning: You are not the actual
       transferee/buyer if you are acquiring the firearm( s) on behalf of another person. If you
       ~e not the actual transferee/buyer, the licensee cannot transfer the firearm(s) to you."

       14. ·   Moreover, in this same ATF Form 4473, BROOKS signed a certification that his

answer to the aforementioned question was "true, correct, and complete: .. [and that] I

understand that answering 'yes' to [the above question] ifl am not the actual transferee/buyer is

a crime punishable as a felony under Federal law, and may also violate State and/or local law."

       15.     After completing the paperwork and purchase of the Walther, Model Q5 Match, 9

mm caliber pistol, bearing serial number ·FCY2072, BROOKS provided the pistol to CC-1.

       16.     On or about April 9, 2021, BROOKS purchased a Glock, Model 17, 9mm caliber

pistol, beru;,ing the serial number BTBB209, from Town Police Supply, a federal firearm




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 Case 3:22-cr-00110-HEH Document 15 Filed 08/09/22 Page 4 of 8 PageID# 47




licensee, in the Eastern District of Virginia. To receive the weapon, BROOKS completed an

ATP Form 4473 in which he answered "Yes" to the question:

        "Are you the actual transferee/buyer of the firearm(s) listed on this form and any
        continuation sheet(s) (ATF Form 5300.9A)? Warning: You are not the actual
        transferee/buyer if you are acquiring the fireatm(s) on behalf of another person. If
        you are not the actual transferee/buyer, the licensee cannot transfer the firearm(s) to
        you."                         ·

        17.     Moreover, in this same ATF Form 4473, BROOKS signed a certification that his

answer to the aforementioned question was "true, correct, and complete ... [and that] I

understand that answering 'yes' to [the above question] ifl am not the actual transferee/buyer is ·

a crime punishable as a felony under Federal law, and may also violate State and/or lo~al law."

        18.    The firearm was recovered by the Richmond Police Department on May 7, 2021

in the possession, custody, or control of CC-3 and 4 during the execution of a search warrant in a

homicide investigation.

        19.    Thereafter, on June 27, 2021, BROOKS purchased a Pioneer Arms Hellpup

7.62x39 caliber pi~tol, bearing serial number PACI 151404, from LMG (Gun Show), a federal

firearm licensee, in the Eastern District of Virginia. To receive the weapon, BROOKS

completed an ATF Form 44 73 in which he answered "Yes" to the question:

       "Are you the actual transferee/buyer of the firearm(s) listed on this form and any
       continuation sheet(s) (ATF Form 5300.9A)? Warning: You are not the actual
       transferee/buyer if you are acquiring the firearm(s) on behalf of another persQn. If
       you are not the actual transferee/buyer, the licensee cannot transfer the firearm(s) to
       you."       ·

       20.     Moreover, in this same ATF Form 4473, BROOKS signed a certification that his

answer to the aforementioned question was "true, correct, and complete ... [and that] I

understand that answering 'yes' to [the above question] if I am not the actual transferee/buyer is·

a crime punishable as a felony under Federal law, and may also violate State and/or local law."




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        21.    After completing the paperwork and purchase of the Pioneer Arms Hellpup

7.62x39 caliber pistol, bearing serial number PACI 151404, BROOKS provided the pistol to

CC-1.

        22·.   In or about June 2021, CC-2 and BROOKS.agreed that BROOKS would purchase

a firearm on CC-2's behalf. CC-2 was a minor-aged individual at the time and was not eligible

to purchase a firearm from a f~deral firearm licensee.

        23.    On June 27, 2021, CC-2 designated for BROOKS several pistols via text

message: a Smith & Wesson, a Taurus, and a 9 mm Glock. Within an hour of CC-2 sending

these designations to BROOKS via text message, BROOKS confirmed that he had procured a

Taurus, Model G2C, 9 mm pistol, (i.e., a "G2") for CC-2. BROOKS then confirmed the price

of the firearm with CC-2.' Thereafter, CC-2 inquired via text message whether the money that

he had provided BROOKS was sufficient for BROOKS to also purchase ammunition for the gun:

"I got some bread left for ammo?" BROOKS responded by providing an accounting of the

amount of money BROOKS had on CC-2's behalf after the purchase of the pistol. BROOKS

agreed to purchase ammunition for CC-2.

        24.    On June 27, 2021, BROOKS purchased a Taurus, Model G2C, 9 mm caliber

pistol ,bearing serial number ACD798500, from iShootFirearms, a federal firearm licensee, in

the Eastern District of Virginia. To receive the weapon, BROOKS completed an ATF Form

44 73 in which he answered "Yes" to the question:

        "Are you the actual transferee/buyer of the firearm(s) listed on this form and any
      · continuation sheet(s) (ATF Form 5300.9A)? Warning: You are not the actual
        transferee/buyer if you are acquiring the firearm(s) on behalf of another person. If
        you are not the actual transferee/buyer, the licensee cannot transfer the firearm(s) to
        you."




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        25.     Moreover, in this same ATF Form 4473, BROOKS signed a certification that his

answer to the aforementioned question was "true, correct, and complete ... [and that] I

understand that answering 'yes' to [the above question] ifl am not the actual transferee/buyer is

a crime punishable as a felony under Federal law,. and may also violate State and/or local law."

        26.     After completing the paperwork and purchase of the Taurus, Model G2C, 9 mm

caliber pistol bearing seriarnumber ACD798500, BROOKS provided the pistol to CC-2.

        27.     On or about July 21, 2021, law enforcement recovered the following firearms

from the possession of CC-I: 1) Walther, Model Q5 Match, 9 mm caliber pistol, bearing serial

number FCY2072; and 2) a Pioneer Arms Hellpup 7.62x39 caliber pistol, bearing serial number

PAC1151404. The same day, BROOKS admitted to law enforcement that he purchased these

firearms for CC- I because CC- I was not 21 years of age as yet.

        28.    On or about July 21, 2021, law enforcement recovered the following firearm from

CC-2: Taurus, Model G2C, 9 mm caliber pistol bearing serial number A_CD798500.

        29.    On or about July 21, 2021, BROOKS admitted that he sold the Glock, Model 17,

9mm caliber pistol, bearing the serial number BTB_B209 to CC-3.

       30.     This statement of facts includes those facts necessary to support the plea

agreement between the defendant and the United States. It does not include each and every fact

known to the defendant or to the United States, and it is not intended to be a full enumeration of

all of the facts surrounding the defendant's case.




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        31.    The actions of the defendant, as recounted above, were in all respects knowing

and deliberate, and were not committed by mistake,· accident, or other innocent reason.


                                              Respectfully submitted,

                                              Jessica D. Aber
                                              United States Attorney


Date:                                   By:
                                                   1ifviiiV.
                                              Avi Panth
                                              Stephen E. Anthony             .
                                              Assistant United States Attorneys




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Case 3:22-cr-00110-HEH Document 15 Filed 08/09/22 Page 8 of 8 PageID# 51




        After consulting with my attorney and pursuant to the plea agreement entered into this day

· between the defendant, TRE'SHAWN N. BROOKS, and the United States, I hereby stipulate that

the above Statement of Facts is true and accurate, and that had the matter proceeded to trial, the

United States would have proved the sarrie beyond a reasonable doubt.



                                           q-RE'SHAWNN.BROOKS
                    .                . c3R ~1:i_                                   .          ..
      · I am W. Barry Montgomery, defendant's attorney.         I have carefully reviewed the above

Statement of Facts with him.    To my knowledge, his decision to stipulate to these facts is an
                                                   \   ..   .              .




                                                       µ~
informed and voluntary one,


                                                                       .       ~
                                             W. Barry Montgomery~~•
                                             Attorney for TRE'SHAWN N. BROOKS




                                               8


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