BRIAN D. BORGELT, 40, of Lakewood, Washington, the former co-owner
of Bull’s Eye Shooters Supply in Tacoma, was indicted today by a federal
grand jury on 5 counts of Failure to File Federal Tax Returns. The indictment
charges BORGELT with failing to file any income tax returns for years
1997-2001.
Bull’s Eye Shooters Supply gained national notoriety in 2002 when the
Bushmaster rifle involved in the D.C. sniper case was linked to the
store. Lee Malvo, one of two men convicted of murder in the case told
investigators he had stolen the rifle from the Tacoma store. The Bureau
of Alcohol, Tobacco, Firearms & Explosives (ATF) inspections at
the store had revealed problems with required paperwork tracking the
disposition of firearms. The U.S. Attorney’s Office has determined there
are no viable federal firearms charges that could be pursued against
BORGELT. ATF has administratively revoked BORGELT’s Federal Firearms
License.
"The inspections identifying the possibility that guns were stolen
or missing are very troubling to the government," stated U.S. Attorney
John McKay. "But after careful review of ATF records going back
to 1997 we have concluded BORGELT’s conduct did not reach the standard
necessary for a successful criminal prosecution."
Each count of Failing to File a Tax Return is punishable by up to one
year in prison and a $100,000 fine. BORGELT could also face back taxes,
penalties and civil fines.
An indictment is a statement of charges that have not yet been proven
beyond a reasonable doubt in court. BORGELT will be arraigned on these
charges October 22, 2004 at 1:30 PM in front of U.S. Magistrate Karen
Strombom in U.S. District Court in Tacoma.
The case is being investigated by the Internal Revenue Service and
ATF.
Assistant United States Attorney Arlen Storm is prosecuting the case.
For additional information please contact Emily Langlie, Public Affairs
Officer for the United States Attorney’s Office, Western District of
Washington at (206) 553-4110.
