Camden Man Arrested on Federal Charges for Illegally Trafficking in Firearms

CAMDEN – A Camden man was arrested today on a five-count criminal Complaint for allegedly illegally trafficking in firearms including several SKS assault rifles, which is a version of the Russian AK-47 assault rifle, U.S. Attorney Christopher J. Christie announced.

The Complaint, which was issued under seal on Oct. 30, alleges that on three separate occasions in July and August 2008, Angel Nieves, 29, sold an SKS 7.62x39 mm caliber rifle, a 30 round magazine and between 62 and 453 rounds of ammunition, each time in return for $1000. On another occasion, Nieves allegedly illegally sold a .45 caliber Remington pistol which had an obliterated serial number, two magazines and 10 rounds of ammunition in exchange for $750.

The Complaint was unsealed following Nieves’ arrest this morning by members of the FBI Violent Crimes Task Force. Nieves was arrested without incident and made an initial appearance in federal court before U. S. Magistrate Judge Joel Schneider, who ordered the defendant be detained pending trial.

According to the Complaint, Nieves sold the weapons to an individual who, unbeknownst to him, was an undercover law enforcement officer.

Despite the charge set forth in the complaint, 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.

Nieves is charged with one count each of dealing in firearms without a license and possession of a firearm with an obliterated serial number, both of which carry a maximum statutory sentence of 5 years in prison and a fine of up to $250,000. Nieves is also charged with three counts of being a previously convicted felon in possession of a firearm, which carries a maximum statutory sentence of 10 years in prison and a fine of up to $250,000 on each count.

In determining an actual sentence, the judge to whom the case is assigned would, upon a conviction, consult the advisory U.S. Sentencing Guidelines, which provide appropriate sentencing ranges that take into account the severity and characteristics of the offense, the defendant's criminal history, if any, and other factors. The judge, however, is not bound by those guidelines in determining a sentence.

Parole has been abolished in the federal system. Defendants who are given custodial terms must serve nearly all that time.

Christie credited Special Agents of the FBI’s Philadelphia Division, under the direction of Special Agent in Charge Janice K. Fedarck; Troopers with the N.J. State Police, under the direction of Col. Joseph R. Fuentes, Superintendent; Investigators with the Camden County Prosecutor’s Office, under the direction of Prosecutor Warren W. Faulk; Police Officers with the Camden Police Department, under the direction of Chief Scott Thomson; and Special Agents with ATF, under the direction of Special Agent in Charge Mark Potter in Philadelphia, with the investigation leading to the criminal Complaint.

The government is represented by Assistant U.S. Attorney Kevin Smith of the Criminal Division in Camden.

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