Operation Legend: Case of the Day

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the Northern District of Indiana.  While not a designated Legend district, the U.S. Attorney’s Office for the Northern District of Indiana works closely with the U.S. Attorney’s Office for the Northern District of Illinois, which encompasses Chicago.  Operation Legend launched in Chicago on July 22, 2020, in response to the city facing increased homicide and non-fatal shooting rates.  Similarly, Legend was also launched in the Southern District of Indiana, which includes Indianapolis, on Aug. 14, 2020.

United States vs. Darryl Ivery Jr.

“This case demonstrates my office’s commitment to partnering with our neighbors in Chicago to aggressively prosecute those who illegally supply guns to criminals in Indiana and Illinois,” said Thomas L. Kirsch II, U.S. Attorney for the Northern District of Indiana.  “My office is committed to reducing gun violence, and the state line will not save criminals from federal investigations and prosecutions.”

Darryl Ivery Jr. was charged on Aug. 26, 2020, with making a material false statement in the acquisition of a firearm.

According to the charging document, during the course of an ATF investigation into straw purchasers, i.e. individuals who lie on ATF Form 4473 about their status as legal purchasers of firearms, Darry Ivery Jr. became a person of interest based on a large number of firearms he had purchased, some of which had been recovered by law enforcement.

It is alleged that between Jan. 7, 2019, and Aug. 10, 2020, Ivery purchased a minimum of 26 firearms from Federal Firearm Licensed (FFL) gun dealers in Indiana.  Seven of the guns he purchased have been recovered by various law enforcement agencies, including six that were recovered in Chicago, Illinois, one of which was recovered at the scene of a shooting.

For each of the guns Ivery purchased, he answered, “Yes” on ATF Form 4473: “Are you the actual transferee/buyer of the firearm(s) listed on this form?”

When interviewed by ATF Special Agents, it is alleged that Ivery admitted that with the exception of one of the firearms that he purchased, all of the others were bought for individuals who resided in Chicago who asked him to buy firearms for them.  They all paid Ivery in cash for every purchase he made.

Ivery purchased the following firearms:

The details contained in the charging document are allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend
President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Since its inception, Operation Legend has yielded more than 2000 local, state, and federal arrests, with more than 592 defendants charged with federal crimes.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to St. Louis and Memphis on Aug. 6, 2020, and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.