Prosecutor Ms. Armijo switched away from the 2008 inspection, and asked him if he kept meticulous records to which he replied he kept records.
Armijo showed him two exhibits, calendars, and noted there is great deal of information noted on them and asked if these were totals. Rick said yes.
She asked if these were “gross sales”. Rick answered they have total of cash, check and credit card sale for the month.
Armijo pointed out there are 3 figures. Rick explained the first line represented “gross”, the second represented “gross profit”, and the 3rd as a percentage of profit on gross.
In response to a question Rick explained he doesn’t make notations on all days, but on days open, or sold something.
When asked if this was an accounting record, Rick stated it is a thumbnail operation of what he does.
When asked if it was every month, he replied it was generally monthly.
She directed his attention to some totals noted in July 2011, and Rick agreed they were in the same format.
She pointed out to other notations on July 20, 2011, and noted he even had people working on some of those dates, and Rick agreed.
She turned turned to a day timer and asked him about a notation “good day, solid day”, and Rick said that is a description to describe the day.
She asked if he went over the receipts to get totals (yes) and that some had the purchasers name on them (yes) and others he took an affirmative step by adding in a description, to which he answered yes it was to jog his memory.
He answered another question, the day timers are notes to himself.
Armijo turned to a Penny Torres purchase and asked who wrote up the receipt. Rick wasn’t sure who’s handwriting it is, his wife’s or son’s, but he thought is was Ryin.
She noted on other Penny Torres receipts he wrote her description, and he agreed stating he remembers people by face, not names, and that he generally did this nightly.
She pointed out that he is aware even if he is not in the store, and that by night he knows. He replied he knew the sales because he had to place [inventory] orders in the morning.
Ms. Armijo stated the property is savings, and the government took his savings and all vehicles. Rick state they took seven vehicles and gave 3 back, but they are waiting for the titles to be returned. She pointed out other vehicles were not taken, and he agreed.
On further questioning, Rick stated there was other property he owned and that he has an interest in a Kingston, NM property, which was described as a 400 acre property. He was asked if there was a cabin, and he stated no, there is a cabin elsewhere owned with other family members (wife, mother, step-father).
When asked if he was aware of the Mexican Cartel, he replied he has heard of it, but doesn’t read the newspapers.
He was questioned about two books noted in his day timer, Down by River and Murder City. Rick recalled the author or Down by the River wrote three books and but he wasn’t sure about Murder City.
Armijo stated if he read those two books, they deal with the Sinaloa and Juarez cartels. Rick agreed it mentioned cartel activity and talks about the problems.
Amijo pressed on stating Down by the River talks about the rise of the cartel. Rick stated he read it, but moved on. He recalls certain passages but not the whole thing.
He agreed the Mexican cartel is involved in drug trafficking and other items, and that he knows they fight each other, and they need weapons to assassinate.
When she asked if weapons are difficult to get in Mexico, Rick replied it doedsn’t seem to be and that they are armed. She asked if they were difficult to get legally, and Rick stated they can’t go into a Mexican gun store, but they have a lot of guns. She asked if there is a big market at the border and Rick agreed they are looking for weapons.
At this point, Rick’s attorney asked for all attorney to approach the bench to discuss something with the judge.
Armijo then asked if he was aware there is an export list prohibiting things going to Mexico, and Rick replied guns and ammo.
When asked if he could get a license, Rick replied he didn’t know that and that he has no desire to export.
When asked about a munitions list, Rick replied he knows Mexico is very tightly controlled yet the seem to have lots of firearms.
Ms. Armijo turned to the FFL guidelines book and pointed out when dealing with a foreign customer who wishes to take guns out of the US, the FFL has to notify ATF. Rick stated it was mentioned in trial, and he was aware he was prohibited to send stuff to Mexico.
Ms. Armijo began questioning him about the lease on the shooting range and wanted to know if it was ICE or Immigration and Customs, or Customs or Border Patrol. Rick stated he sees blue trucks with a logo. When asked if he knew the difference between ICE and Border Patrol, he stated he thinks they are different. She pointed out ICE is now HSI, and Rick stated okay and that he didn’t know that. He didn’t know ICE was the enforcement agency, and made a comment about the alphabet soup of law enforcement. She pressed on until she made the point that the lease is with US Customs and Border Protection.
Armijo returned to taxes, and asked him if it was fair to say one way to figure out his gross sales would be to figure the monthly sales in order to get an accurate reflection of what was sold.
Rick’s attorney objected due to a lack of foundation.
Armijo asked if that was how they did the taxes when the met with the CPA in Arizona, and Rick said yes. They figured the gross sales and then crunched the numbers.
She asked if the numbers should coincide. Rick said not necessarily, because the numbers included other things sold, such as used cars, other sales, and other traded items and these things were not necessarily on the tax return. Rick gave an example of the sale of a used ATV, the money received meant something to him, but it had nothing to do with New Deal.
Rick’s attorney again objected on relevance pointing out the Rick hasn’t been charged with any tax violations.