Case Law Database

Trafficking in firearms

Offences

• Illicit trafficking

Item Types

• firearms
• explosives

Keywords

• National firearms registries and record-keeping

Terrorism

Acts Involved

• Aiding or Abetting the Commission of a Terrorist Offence
• Criminal Association
• Planning or Preparing for a Terrorist Offence / Attempt to Commit a Terrorist Offence
• Complicity in a Terrorist Offence

Keywords

• Violent Extremism / Radicalisation / Deradicalisation

United States of America v. Enrique Marquez

Fact Summary

In approximately 2004, Marquez moved to Riverside, California, where he met Syed Rizwan Farook ("Farook"), who was Marquez's neighbor.

In late 2005, Farook introduced Marquez to Islam and began educating Marquez about religion. In 2007, Marquez converted to Islam. Shortly thereafter, Farook introduced Marquez to radical Islamic ideology, which included expressing disdain towards Muslims in the U.S. military that killed other Muslims, and discussing the extremist views of the now-deceased imam and Islamic lecturer Anwar al-Aulaqi.

Beginning in approximately 2011, Marquez and Farook began planning to commit terrorist acts in the Southern California area. Marquez and Farook discussed using firearms and explosives to attack Riverside Community College ("RCC") and State Route 91 ("SR-91"). Additionally, Marquez and Farook took steps to carry out their plans by purchasing firearms, ammunition, and other tactical gear, as well as going to local firing ranges.

In late 2011 and early 2012, Marquez purchased firearms on two occasions from local sporting goods stores. Marquez identified himself as the actual buyer of the two rifles at the time of the purchase. Marquez, however, bought the rifles for Farook as a part of their plans to attack RCC and SR-91 .

In or around 2012, Marquez purchased explosive materials - specifically, a bottle of smokeless powder - for the purpose of making explosives with Farook for a future attack. After purchasing the firearms and explosive materials, Marquez and Farook continued to prepare to carry out their terrorist plots. Specifically, Marquez and  Farook went to firing ranges in Riverside and Los Angeles to practice firing weapons.

While Marquez and Farook continued to be in contact with each other from 2012 to 2015, in 2013 their contact began to decline and according to Marquez they ceased planning any attacks together.

In November 2014, Marquez entered into a fraudulent marriage with a woman who was the sister of the wife of Farook's brother for which he was paid $200 a month. In July 2014, Marquez submitted documents to the Department of Homeland Security, United States Citizenship and Immigrations Services ("USCIS") under penalty of perjury, in which he submitted false statements to the effect that he lived with his sham wife.

 

On December 2, 2015, Farook went to an event at the Inland Regional Center ("IRC") in San Bernardino, California, left an item on the table, and left. Shortly thereafter, two individuals entered the IRC and shot and killed 14 people and injured at least 22 others. The shooters subsequently left in a black SUV. Later, law enforcement pursued a black SUV near Farook's residence after it failed to yield. The SUV was subsequently stopped, after which, the occupants exchanged gunfire with law enforcement. The SUV's occupants were killed in the gunfight with law enforcement.

Subsequent identification by law enforcement confirmed that the two individuals who were in the SUV and engaged in the gunfight with law enforcement were Farook and his wife, Tafsheen Malik ("Malik").

After the shooting, law enforcement recovered four firearms at the scene where the black SUV was stopped, including the two rifles Marquez purchased for Farook in late 2011 and early 2012. Subsequent forensic testing confirmed that these two rifles were the firearms used in the earlier attack at the IRC.

Additionally, law enforcement searched the IRC and found what appeared to be a remotely controlled improvised explosive device ("IED") on a table. At the time law enforcement found it, the IED was armed and ready to detonate. During a subsequent search of Farook's residence, law enforcement found the smokeless powder that Marquez previously purchased while planning terrorist acts with Farook, as well as several other components used to manufacture IEDs.

Commentary and Significant Features

Firearms tracing is a critical tool in the investigation of firearms-related offences, particularly those involving trafficking and distribution. The tracing process may thus lead to evidence that is decisive in solving or prosecuting a case. 

In this case, forensic testing confirmed that the firearms found in the SUV were the ones bought by Marquez and used in the prepetration of the terrorist attack.

Sentence Date:
2020-10-23

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)
• participant, facilitator, accessory

Investigation Procedure

Confiscation and Seizure of

• Property, equipment or other instrumentalities

Confiscation and Seizure

Seized Property

a Smith and Wesson M&P-15 Sport rifle and a DPMS model A-15 rifle

 

Measures

• Identification, tracing, freezing and/or seizure of the proceeds and instrumentalities of crime

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 
Proceeding #1:
  • Stage:
    first trial
  • Official Case Reference:
    United States of America v. Enrique Marquez, Case No. CR 15-93-JGB
  • Decision Date:
    Fri Oct 23 00:00:00 CEST 2020

    Court

    Court Title

    United States District Court for the Central District of California, Eastern Division
     

    Location

  • City/Town:
    Riverside
  • Province:
    California
  • • Criminal

    Description

    The defendant was sentenced to 20 years in federal prison after pleading guilty to the offences of Conspiracy to Provide Material Support to Terrorists and False Statements in Connection with the acquisition of a Firearm.

    In the plea agreement and in open court, Marquez admitted that he conspired with Syed Rizwan Farook in 2011 and 2012 to attack Riverside City College (RCC) and commuter traffic on the 91 Freeway.

     

    Outcome

  • Verdict:
    Guilty
  • Sentences

    Sentence

    Term of Imprisonment:
    20 years
     
    20 years of imprisonment followed by 15 years of supervised release

    Defendants / Respondents in the first instance

    Defendant:
    Enrique Marquez
    Gender:
    Male
    Age:
    23

    Charges / Claims / Decisions

    Defendant:
    Enrique Marquez
    Legislation / Statute / Code:

    18 U.S.C. § 2339A(a)

    Charge details:

    Conspiracy to Provide Material Support to Terrorists

    Marquez, Farook and others conspired and agreed with each other to provide material support and resources, including weapons, explosives, knowing that they were to be used in preparation for terrorist acts.

    Verdict:
    Guilty
    Legislation / Statute / Code:

    18 U.S.C. § 922(a)(6)

    Charge details:

    False Statements in Connection with the acquisition of a Firearm

     In late 2011 and early 2012, Marquez purchased firearms on two occasions from local sporting goods stores. Marquez identified himself as the actual buyer of the two rifles at the time of the purchase. Marquez, however, bought the rifles for Farook as a part of their plans to attack RCC and SR-91 .

    Verdict:
    Guilty
    Legislation / Statute / Code:

    18 U.S.C. § 1546

    Charge details:

    Marriage Fraud

    In November 2014, Marquez entered into a fraudulent marriage with a woman who was the sister of the wife of Farook's brother for which he was paid $200 a month. 

    Verdict:
    Withdrawn
    Legislation / Statute / Code:

    18 U.S.C. § 1546

    Charge details:

    Fraud and Misuse of Visas Permits. and Other Documents

     In July 2014, Marquez submitted documents to the Department of Homeland Security, United States Citizenship and Immigrations Services ("USCIS") under penalty of perjury, in which he submitted false statements to the effect that he lived with his sham wife.

    Verdict:
    Withdrawn

    Court

    United States District Court for the Central District of California, Eastern Division