Free Redacted Document - District Court of Delaware - Delaware

n I ` ' l· Case 1 :07-cr-00079-JJF Document 13 Filed 06/O5/2007 Page 1 of 4 . ,
i U · IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff i I
» I · I — - - » Url
p v g Criminal Action No 07 7 Cl l Qi DI
ROBERT W. DAVIS, and ) ; - ‘
DAVID SOUTHERN p ) lii {gm ICD
Defendant. i E ` l “ fu J I
INDICTMENT _ _" i__. ,m,..,,.,.;.,.r.,,,, , .. a . .. .. . , ., ci
The Grand I ury for the District of Delaware charges that: 1 ·
COUNT [ TJUAB H 5 2l]i
The Conspiracy and its Obiects .
____Qi3I‘¥itCT i"??iL%iF¤fAFlE,. --- .
l. From on or about May 14, 2007, until on or about May 17, 2007, in the State and District
I of Delaware and elsewhere, ROBERT W. DAVIS and DAVID SOUTHERN, defendants herein,
_ knowingly and willfully conspired and agreed together and with each other to commit an offense
against the United States, to wit, the acquisition of a firearm, a Kahr .45 caliber pistol, Model
P45, Serial No. SA2497, from Targetmaster, a licensed firearms dealer, by making a false or
‘ fictitious misrepresentation, with the intent to deceive Targetmaster with respect to the
lawfuiness of the acquisition of such firearm, to wit that the defendants represented that
SOUTHERN was acquiring the firearm for his own use, when in fact the defendants knew that
SOUTHERN was purchasing the firearm on behalf of another individual, in violation of 18
U.S.C. §§ 922(a)(6) & 924(a)(2), and in furtherance thereof did commit an act to effect the obj ect
of the conspiracy. p `
` Manner and Means -
2. It was part of the conspiracy that the defendants agreed to engage in a straw purchase of a -
firearm for a third party. I

‘ Case 1 :07-cr-00079-JJF Document 13 Filed 06/O5/2007 Page 2 of 4 . .
‘ ‘ _ 3. It was further part of the conspiracy that SOUTHERN would knowingly misrepresent on
7 an ATF Form 4473 Firearms Transaction Record that he was the actual purchaser of the firearm,
when he in fact knew that he was purchasing the firearm for a third party.
4. It was further part of the conspiracy that DAVIS agreed to compensate SOUTHERN in
A exchange for making the false statement and for obtaining the firearm on behalf of the third
party.
Oven Acts
` 5. In furtherance of the conspiracy and to effect the objects of the conspiracy, the following
overt acts, among others, were committed in the District of Delaware and elsewhere:
a. On or about May l4, 2007, DAVIS contacted SOUTHERN to arrange for
SOUTHERN to purchase a firearm on DAVIS’s behalf for a third party.
b. On or about May 16, 2007, DAVIS and SOUTHERN spoke again and scheduled
the gun purchase for the following day.
c. On or about May 17, 2007, DAVIS drove from Wilmington, Delaware, to the
Targetrnaster gun store in Chadds Ford, Pennsylvania.
d. On or about May 17, 2007, DAVIS provided SOUTHERN with $700 in United
States currency to purchase a Kahr .45 caliber pistol, Model P45, Serial No.
n SA2497.
e. On or about May 17, 2007, SOUTHERN purchased the Kahr .45 caliber pistol,
Model P45, Serial N0. SA2497.
ti On or about May 17, 2007, in connection with his purchase of tl1e firearm,
SOUTHERN falsely filled out an ATF Form 4473 Firearms Transaction Record
I by falsely stating that he was the actual buyer of the firearm.
g. Ou or about May 17, 2007, DAVIS and SOUTHERN drove Hom Chadds Ford,
Pennsylvania to Wilmington, Delaware, with the firearm.

- l ` ‘ Case 1 :07-cr—00079-JJF Document 13 Filed 06/05/2007 Page 3 of 4 . .
i I . I All in violation of 18 U.S.C. § 371.
- COUNT II
On or about May 17, 2007, in the District of Delaware and the Eastern District of
Pennsylvania, DAVID SOUTHERN and ROBERT W. DAVIS, defendants herein, in connection
with the acquisition of a firearm, to wit, a Kahr .45 caliber pistol, Model P45, Serial No.
SA2497, from Targetmaster, a licensed firearms dealer, knowingly made a false and fictitious
written statement to Targetmaster, which statement was likely to deceive Targetmaster as to a
fact material to the lawfulness of such sale of the said firearm, in that the defendants represented I
that SOUTHERN was acquiring the firearm for his own use, when in fact the defendants knew
that SOUTHERN was purchasing the firearm on behalf of another individual, in violation of
Title 18, United States Code, Sections 922(a)(6) and 924(a)(2), and Title 18 United States Code,_
Section 2. .
NOTICE OF FORFEITURE
Upon conviction of the offenses alleged in Counts One and Two of this Indictment,
defendants Robert W. Davis and David Southern, shall forfeit to the United States pursuant to 18
U.S.C. § 924(cl) and 28 U.S.C. § 246l(c), the firearm involved in the commission of the offense,
including but not limited to a Kahr .45 caliber pistol, Model P45, Serial No. SA2497.
If the above—described forfeitable property, as a result of any act or omission ofthe
def`endant(s):
_ A (a) cannot be located upon the exercise of due diligence;
(b) has been transferred or sold to, or deposited with, a third party;
(c) has been placed beyond the jurisdiction of the court;
I (d) has been substantially diminished in value; or

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L L _ ` (e) has been commingled with other property which cannot be divided without difficulty;
it is the intent ofthe United States, pursuant to 2l U.S.C. § 853(p) as incorporated by 28 U.S.C.
§ 246l(c), to seek forfeiture of any other property of said defendant(s) up to the value of the
forfeitable property described above.
Z A TRUE BILL:
Foreperson LTL { gn
COLM F. CONNOLLY
United States Attorney
By; /- yds/{ . l '
Robert F. Kravetz
Assistant United States Attorney
Dated: June 5, 2007