Ex-ATF agent sentenced to prison for fraud, theft

Posted to: Crime News Virginia
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By Julian Walker
The Virginian-Pilot
© September 17, 2011

RICHMOND

A federal judge Friday sentenced a former special agent with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives to more than three years in prison on charges related to the theft of cigarettes, firearms and money.

The former agent, Clifford Dean Posey of Chesapeake, was given a 37-month sentence by U.S. District Court Senior Judge Robert E. Payne and ordered to pay restitution. That term is at the lower end of the sentencing guidelines for his conviction, which were calculated as 36 to 47 months.

The defense requested a sentence below that range in a court filing last month, arguing that Posey has a depressive condition that contributed to his conduct. Federal prosecutors asked for a sentence on the upper end of that scale, calling Posey's criminal acts over several years an abuse of his position that compromised law enforcement efforts.

In April, Posey pleaded guilty to five counts - wire fraud, embezzlement, possessing or receiving stolen firearms, making a false statement and money laundering - after a grand jury handed down a multi-count indictment against him.

Court records indicate Posey failed to report to authorities firearms he had taken into custody, falsified a report stating he destroyed a handgun he kept, and sold a rifle he took into custody. He also sold for personal profit tobacco products connected to cigarette trafficking investigations and made unauthorized charges on a government credit card.

That behavior, assistant U.S. Attorney Joseph W.H. Mott said in court Friday, is "inevitably corrosive on respect for the law" because violations such as Posey's can harm the public's view of law enforcement officials.

When delivering the sentence, Payne recommended Posey be assigned to a federal prison capable of providing mental-health treatment.

Posey apologized to the court, saying he dishonored himself, his family and his country.

"All I can say is I'm very sorry for my actions," said Posey, as a handful of supporters watched from the gallery.

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com

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And Phil Hamilton got 9.5 years? Go figure.

Submitted by eureka on Sat, 09/17/2011 at 10:39 pm.

And Phil Hamilton got 9.5 years? Go figure.

The should have thrown the book at him

Submitted by AlexofNorfolk84 on Sat, 09/17/2011 at 3:48 pm.

He abused his position of trust for what? Greed? I can't believe he only got 3 years and 1 month. If someone had broken into the ATF office and stolen that stuff, they would be probably be looking at ten years. What should we expect from an organization that put automatic weapons in the hands of drug dealers should of the border. Maybe more is going on than meets the eye. The ATF needs to be disbanded. They just can't be trusted anymore.

GOING POSTAL?

Submitted by Art Director on Sat, 09/17/2011 at 11:49 am.

This will NEVER happen, BUT........ if we disbanded the "alphabet soup" agencies and reinstated the United States POST OFFICE, we, the people would ALL be far better off. I'm just sayin'........

Ok I will bite

Submitted by Welsby on Sat, 09/17/2011 at 7:34 pm.

is this a joke or what do you really mean? Bring back Cliff Claven!

Everyone has some excuse for poor behavior...

Submitted by jeffreyr88753 on Sat, 09/17/2011 at 10:20 am.

"I had a bad childhood!", "my dad didn't hug me!", "I have a depressive condition!". I know that Judges are intelligent enough to see through these blatant BS excuses and, in my opinion, they should give a more harsh penalty to both the defendant and his/her attorney for insulting the intelligence of the court with such idiotic attempts at defense! The majority of rest of the people in the world have similar or worse issues but they don't steal, murder, rape, molest or use violence. My hypothesis is that the problem is a lack of self-restraint and lousy morals. Of course, the lousy morals is because daddy didn't hug them as children or that he hugged them too much. Take your choice....

Sounds like you need a hug

Submitted by Welsby on Sat, 09/17/2011 at 12:15 pm.

J/J,

THE SAME PEOPLE WHO BROUGHT

Submitted by Traveler on Sat, 09/17/2011 at 10:05 am.

you the "Fast & Furious" gun program that actually gave weapons to the Mexican Cartels.

Brilliant so NONE of this surprises me.

It's called OVERSIGHT & LEADERSHIP.

Years ago the government wanted to "fold" the BATF in with the Secret Service.

I wonder what happened with that?

SAD for the good people who work there.

1.85 months per charge

Submitted by SamD on Fri, 09/16/2011 at 6:16 pm.

Way to enforce the law.

Why the 37 months

Submitted by Welsby on Sat, 09/17/2011 at 8:14 am.

The prosecution and Federal Judge used the federal sentencing guidelines. I am just guessing but 99% of the federal judges follow the guidelines unless there is a major reason why they should not. The defendant had no prior criminal history, plead guilty and saved the tax payers the cost of a full trail. Three years plus three years of probation after he is released. The sad part is I think from previous articles he was married,and she is left with all the trama. Thankyou for going after this person, he does not deserve to work as an ATF agent or any type of law enforcement.