By the end of July 2010, the Fast and Furious investigation was largely complete. The agents had sent prosecutors 20 names for immediate indictment, Jaime Avila's among them. His purchase of the three WASR-10s were listed among his criminal acts. On Aug. 17, 2010, ATF agents met in Phoenix with prosecutors, including U.S. Attorney Dennis Burke. According to two people present, the ATF presented detailed evidence, including the fact that their suspects had purchased almost 2,000 guns, and pushed for indictments. A month later, on Sept. 17, an ATF team—this time including ATF director Kenneth Melson—met with prosecutors again and again pushed for action. The sides agreed to aim for indictments by October, according to one person in attendance.
But as weeks and then months passed, prosecutors did not issue indictments. The ATF agents grew increasingly concerned. By December, prosecutors had dropped Avila's name from the indictment list for what they deemed a lack of evidence.
Only when Terry, the U.S. Border Patrol agent, was murdered in December 2010 did the prosecutors act. Voth's agents arrested Avila within 24 hours of Terry's death. On Jan. 19, 2011, a federal grand jury indicted him and 19 other suspects. (Avila has since pleaded guilty to dealing guns without a license).
The truth about the Fast and Furious scandal - Fortune Features