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Based on the facts as presented I believe the BATFE could almost fall under the RICO act (I am not a lawyer).
The FFL dealers (according to some) were basically forced to make the illegal sales which would seem to be a type of extortion as they were forced to render services which the BATFE knew were in violation of federal law.
One can even make the case that the BATFE had to know these weapons were certainly going to be used to commit murder and was grossly negligent beyond all reason and thus accomplice to the crime. This would be a second qualification under RICO.
Further this was an operation done on an organizational level.
Now again I am not a lawyer so it could well be that the government cannot charge a governmental agency under these laws. But perhaps the most important way to look at this problem "IF" they are immune due to being a governmental agency is.....
If they were any other type of business or organization they would certainly be subject to the RICO laws, this would almost certainly be considered a criminal enterprise concerning this specific operation.
No one should be above the law.... no one.....
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Molon Labe
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