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Date: 05-18-2022

Case Style:

United States of America v. Rick Eric Herst

Case Number: 2:20-cr-00156-MWF

Judge: Michael W. Fitzgerald

Court: United States District Court for the Central District of California (Los Angeles County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:

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Description: Los Angeles, California criminal defense lawyer represented defendant charged with burglarizing self-storage units in Southern California, stealing dozens of firearms, and selling some of the weapons to convicted felons.

From December 2018 to September 2019, conspired with Jeffrey James LaFraniere, 39, of Van Nuys, and Alan Elperin, 31, of Mission Hills. Together, these three men burglarized multiple self-storage units in Glendale, Valencia, Culver City, West Los Angeles, Northridge, Culver City, Thousand Oaks, Rancho Mirage and elsewhere, stealing firearms and other valuables. They offered the stolen firearms for sale to customers either in person or via text message. LaFraniere and Herst sold the firearms to buyers they knew were convicted felons.

For example, on May 30, 2019, the trio burglarized a self-storage facility in Valencia and stole 35 firearms, including multiple .45-caliber pistols, 12-gauge shotguns and high-powered rifles. On the same day as the Valencia burglary, LaFraniere and Herst sold two of the stolen firearms – a .45-caliber pistol and a .40-caliber pistol – to a buyer whom they knew was a convicted felon.

At the time of his arrest in March 2020, law enforcement executed a search warrant at Herst’s residence and found a loaded Glock 9mm pistol, which was one of multiple weapons stolen during a residential burglary that occurred in or around January 2020. Herst also possessed 14 shotgun shells, 95 rounds of .38-caliber ammunition, more than 30 stolen debit and credit cards, multiple stolen or fake California driver’s licenses, and a large quantity of stolen merchandise belonging to various burglary victims.

“Although many guns have not been recovered, those that have were largely found in the hands of felons or recovered at crime scenes,” prosecutors wrote in a sentencing memorandum.

Elperin pleaded guilty in November 2020 to one count of conspiracy and one count of receiving stolen firearms. He is serving a 100-month federal prison sentence. LaFraniere pleaded guilty in September 2020 to one count of conspiracy, one count of receiving stolen firearms and one count of selling firearms to a felon. His sentencing hearing is scheduled for May 26, at which time he will face a statutory maximum sentence of 25 years in federal prison.

The FBI Eurasian Organized Crime Task Force and the Los Angeles County Sheriff’s Department investigated this matter.

Assistant United States Attorney Ian V. Yanniello of the International Narcotics, Money Laundering, and Racketeering Section prosecuted this case.

18:371: Conspiracy
18:922(a)(1)(A),2(a): Engaging in the Business of Dealing in Firearms Without a License
18:922(j),2(a): Receipt , Possession, Concealment, Storage , Sale and Disposal of Stolen Firearms
18:922(d)(1),2(a): Sale of a Firearm to a Felon
18:922(j),2(a): Receipt , Possession, Concealment, Storage , Sale and Disposal of Stolen Firearms
18:922(d)(1),2(a): Sale of a Firearm to a Felon
18:922(g)(1): Felon in Possession of Firearms

Outcome: Defendant was sentenced to 115 months in prison.

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