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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA :

v. : 2:04-cr-00475-AB-ALL

THOMAS EARL WILLIAMS :

GOVERNMENT’S GUILTY PLEA MEMORANDUM

I. INTRODUCTION

Defendant Thomas Earl Williams (“Williams”) was

charged, by Indictment, with conspiracy to make false

statements to a federally licensed firearms dealer in

violation of 18 U.S.C. §§ 371 and 922(a)(6), various

substantive counts of making false statements to a federally

licensed firearms dealer in violation of 18 U.S.C. §

922(a)(6), and one count of being a felon in possession of a

firearm in violation of 18 U.S.C § 922(g)(1). 

Williams, through his counsel, has informed

government counsel and the Court of his intention to plead

guilty to the foregoing criminal charges. By way of

background, Williams was one of seven defendants charged in

this firearms related case. Four of Williams’ codefendants

have pled guilty; the signed cooperation plea agreements with

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the defendant contained downward departure requests based upon

their substantial assistance to the United States, namely, the

defendants agreed to testify against defendant Williams if he

proceeded to trial. The indictment against defendant Delores

Parker was dismissed. Defendant Lavar Parker remains to be

tried.

II. MAXIMUM STATUTORY SENTENCE

Defendant Williams’ statutory punishment is a maximum

of 90 years imprisonment, a fine of up to $2,500,000, a

special assessment of $1,000, and 3 years of supervised

release. The statutory sentence computation is as follows:

Count 1: 

Conspiracy to make false statements 

to a false statements to a federally

licensed firearms dealer in violation of 18

U.S.C. § 371 & 922(a)(6)......... 10 years

Counts 2-8: 

Making false statements to a federally

licensed firearms dealer in violation

of 18 922(a)(6)(10 years per count 

 of conviction).....................70 years

Count 9: 

Felon in Possession in violation of 18 

U.S.C. § 922(g)(1)................10 years

TOTAL MAXIMUM SENTENCE.............90 years

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FINE: $250,000 for each of the nine 

 counts of conviction............$2,250,000.

 

III. FACTUAL BASIS FOR PLEA

If this matter proceeded to trial, the government

would offer testimonial and documentary evidence which would

prove that defendant Williams was the ring leader of the group

of individuals that he recruited to purchase firearms from

Fred Delia’s Gun Shop in Philadelphia. Set forth below is a

narrative of the trial testimony that the government

anticipates eliciting from the following witnesses in

satisfying its burden as to each of the elements of the

offenses to which defendant Williams is pleading guilty.

Janet Street

Street would testify that she was introduced to

Williams by Delores Parker, her former paramour. Based upon

Parker’s familiarity with Williams, Street would testify that

she purchased 3 guns for Williams and, in the process of doing

so, lied about her status on ATF 4473 as the actual purchaser

of the guns. Street would also identify her signature on ATF

4473 which would be offered into evidence.

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Charlene Parker

Parker would testify that she purchased four guns for

Williams because he asked her to do so and because he was her

uncle. Parker would further testify that she lied about her

status as the actual purchaser of the guns on ATF 4473. Parker

would identify her signature on ATF 4473 which would be

offered into evidence at trial.

James Brown and James Rivers

James Brown, Williams’s uncle, would testify that he

was recruited by Williams to purchase five guns for Williams.

Brown has admitted that he lied about his status as the actual

purchaser of the guns. Brown further admitted that he

recruited James Rivers into Williams’ scheme. 

Rivers will also testify that Williams offered to pay

him (Rivers) $300 if Rivers would purchase four guns for

Williams. Rivers’ testimony would corroborate Brown’s

testimony regarding Williams’ attempt to purchase 4 guns by

using Rivers. Rivers was unable to purchase the firearms

because of a prior conviction. Both Rivers and Brown would

identify their signatures on ATF 4473 which would be offered

into evidence at trial.

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Fred Delia

Delia, the owner of Delia’s gun shop will testify

that Williams visited his gun shop on several occasions

accompanied by Janet Street, Charlene Parker, and Lavar

Parker, Delia would further testify that he notified ATF

that Williams appeared to be the leader of a group of

attempting to purchase firearms on behalf of Williams because:

(1) Williams instructed the individuals on the type of guns to

buy and (2) Williams appeared to give assistance to Street,

and the two Parker defendants while they were preparing ATF

Form 4473. Based upon his telephone contact with ATF, several

agents visited his store where they observed Williams and the

other defendants attempting to purchase firearms.

ATF Special Agent Dave O’Brien

Agent O’Brien would testify that he was one of

several surveillance officers who visited Delia Gun Shop while

Williams and the above-named defendants were present in the

store. Agent O’Brien would further testify that he observed

the purchases being made and that he radioed other ATF agents

who followed Williams and the other defendants to Camden, New

Jersey, the location where the guns were transported. 

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IV. CONCLUSION

The foregoing facts are the basic facts which the

government would offer as its factual basis for the

defendant’s guilty plea. If this matter were tried, however,

there may be other facts would be offered as trial testify

that would not be required to prove the requisite elements of

18 U.S.C. Section 371, 922(a)(6) and 922(g)(1).

Respectfully submitted

PATRICK L. MEEHAN

United States Attorney

________________________________

FLOYD J. MILLER

Assistant United States Attorney

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CERTIFICATE OF SERVICE

I certify that a true copy of the Government’s 

Guilty Plea Memorandum was served upon counsel for the 

defendant this 9th day of May 2005 by First Class United 

States Mail which was addressed to:

Howard D. Popper, Esq.

Popper & Yatvin

230 South Broad Street

Suite 503

Philadelphia, PA 19102

________________________

FLOYD J. MILLER

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