NATIONALLY RECOGNIZED FEDERAL LAWYERS
How ATF Investigates Illegal Moonshine Operations
|Last Updated on: 21st September 2023, 11:13 pm
How ATF Investigates Illegal Moonshine Operations
Moonshine has a long history in the United States, especially in the southern states like North Carolina. For generations, people have been illegally distilling their own liquor, evading taxes and regulations on alcohol production. But moonshining is still against federal law, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the agency primarily responsible for investigating and shutting down illegal moonshine operations.
I recently spoke with retired ATF agent Johnny Binkley, who worked a number of major moonshine cases during his 25 year career. He provided a fascinating inside look at how ATF agents investigate and build cases against moonshiners.
A Little Moonshine History
Moonshine got its name because it was often made late at night under the moonlight to avoid detection. Hillfolk started distilling their own liquor, often corn whiskey, as early as the late 18th century as a way to avoid paying taxes on alcohol imposed by the federal government. Moonshining remained popular through Prohibition in the 1920s and 30s, when all alcohol production was illegal.
After Prohibition ended, commercial alcohol producers had to obtain licenses and pay taxes. But many people continued making their own tax-free liquor illegally. As Binkley explained, moonshine remained “a pillar of southern identity” for many decades. It was deeply rooted in the culture of many rural communities [4].
ATF’s Evolving Role in Fighting Moonshine
In the 1950s, the federal government created the Alcohol and Tobacco Tax Division within the Internal Revenue Service to try to combat illegal liquor production. This later became the Bureau of Alcohol, Tobacco and Firearms when the regulatory roles expanded. According to Binkley, the transition from being part of the IRS to becoming its own federal law enforcement bureau in 1972 was a major milestone [4].
Over the decades, ATF built up scientific investigative capabilities and expertise specifically around moonshine investigations. Binkley said they learned the best techniques for finding and breaking up moonshine operations, despite the many ingenious ways moonshiners tried to conceal their activities.
How ATF Agents Investigate Moonshiners
ATF agents use a variety of investigative techniques to identify and build cases against illegal liquor producers:
- Confidential informants within moonshining communities provide tips on operations.
- Undercover agents try to infiltrate moonshine networks to gather intelligence.
- Surveillance operations track suspects’ activities, especially around remote wooded areas where stills are often hidden.
- Analysis of raw material purchases from agricultural and industrial suppliers can identify moonshining ringleaders.
- Hazmat sensors can detect fumes from active stills near suspected sites.
Once ATF identifies an active moonshine production site, they obtain search warrants to raid the locations. Massive raids in Virginia in 1999 and North Carolina in 2021 seized thousands of gallons of illegal liquor and arrested multiple suspects [1] [5].
Building Court Cases Against Moonshiners
After raids, ATF agents interview suspects and examine evidence to build cases for federal prosecution. Charges may include:
- Possession of an unregistered still
- Production of untaxed liquor
- Conspiracy to defraud the government by evading alcohol taxes
ATF also works with local law enforcement to identify any related state law violations. Tax evasion cases can be complex and difficult to prove, especially if moonshiners conceal their finances. But charges related to unlicensed liquor production are more straightforward for prosecutors.
“You can’t argue that you didn’t have a still on your property or were not making moonshine,” said Binkley. He noted that once moonshiners are convicted of one violation, any future activity makes them susceptible to harsher punishments as repeat offenders.
Health Dangers of Illicit Moonshine
Aside from legal concerns, ATF highlights the major public health risks posed by illegally produced liquor. Moonshine often contains dangerous contaminants or excessively high alcohol levels.
According to ATF, tainted moonshine has caused blindness, organ damage, and even death. When home brewers distribute untested liquor, it exposes communities to unsafe levels of lead, chemicals, or other toxins [6].
Binkley said moonshine safety improved over his career as illicit distillers got better at their craft. But consumers still face risks from unregulated liquor. He said raising awareness of health dangers is part of ATF’s role in combating illegal alcohol distribution.
Cultural Changes Reduce Moonshining Activity
Binkley explained that moonshining was once a common part of life in many rural areas. People even respected the moonshiners providing local communities with liquor. But cultural views slowly changed over the 20th century.
“The people engaging in moonshining don’t have the public support they used to have,” Binkley said. As moonshining became less socially acceptable, community members became more willing to provide ATF investigators with tips on local operations.
Increased enforcement and legal consequences for moonshiners have gradually deterred activity as well. Binkley said improved economic conditions and job opportunities also led more people away from moonshining for supplemental income.
While illicit liquor production continues today, the scale is far smaller than its heyday. But ATF agents like Binkley remain vigilant in investigating and shutting down remaining moonshine operations.