DOJ Seal

Department of Justice

U.S. Attorney's Office
Western District of New York

For Immediate Release

Thursday, February 6, 2014
William J. Hochul, Jr.
, United States Attorney
Contact: Barbara Burns

Elma Man Indicted On Gun Charges And Making False Statements

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Bernard T. Grucza, 38, of Elma, N.Y., with making false statements during a firearm purchase, possession of a firearm by a person subject to as domestic violence order of protection and making false statements. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the indictment, the defendant made false oral and written statements to South Georgia Outdoors in an effort to obtain a Beretta 9mm pistol. In addition Grucza made false written statements to Big Daddy Guns in order to obtain a Ruger .380 caliber pistol.

The indictment also states that between July 13, 2013 and October 16, 2013, the defendant possessed a Ruger .380 caliber pistol despite being the subject of a restraining order issued by Elma Town Court. The indictment further states that Grucza made false statements to Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives that he had destroyed the Ruger .380 caliber pistol and thrown out the parts when in fact he had not.       

The defendant will be arraigned on February 10, 2014 at 2:00 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.

The indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, and the Hamburg Police Department, under the direction of Michael Williams.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

 

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New York Field Division