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JS44 (Rcv.

()()/17) Case 1:18-cv-00162-SPW-TJC


. . Document
CIVIL COVER SHE15f,,,,,. .Q-1~~-
1-11 Filed\ 11/13/18 Page of 1 i-\lJ ~lv-
Thc JS 44 civil cover sheet and the int'ommtion contained herein neither replace nor supplement the filing and service ofplcadini:;s or other papers as required by law, except\~
provided by local rules c>f court. This form, approved by the Judicial Conference of the United States in September 1974. is n:qwred for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. {SEE INSTRUCTIONS ON NEXT PAGE OF TIIIS FOHM.i

I. (a) PLAINTIFFS Christopher Kortlander DEFENDANTS BUREAU OF LAND MANAGEMENT;


DEPARTMENT OF THE INTERIOR; RYAN ZINKE

(b) County of Residence offirst Listed Plaintiff Big Horn County of Rcsidcnc..: of First Listed Dcfcmlant
/EXCEPT IN U.S. f'UIN71FF CASESi (IN U.S. l'IAINJJFFCIS/i·sos1,n
NOTE: IN LA:--ID CONDEMNAJ'lON CASES. USE THE LOCATION OF
THE TRACT 01- LAND INVOLVED.

( C} Atlorn~ys (/-/rm Xam,\ Addres.'>. and Tcleplwm. · :\'um her) Attomcy~ 1(/1,nmm/

Christopher Kortlander
P. 0. Box 200
Garrvowen. MT 59031
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V. ORIGIN (Placealf ·x··;1101u8oxO,:~,)


~ l Original. Cl Z Removed from 0 3 Remanded from O 4 Reinstated or '.J 5 Transferred from ,'.J <, ~lultidistrict 0 8 Multidistrict
Prncccdmg State Court Appellate Coun Reopened Another District Litigation• Utii.:ation •
opcciiicJ Transfer Dir.:ct File
Cite the U.S. Civil Statute under which you arc filing (Do ,wt citej11risdictia11ul .wawte.< unless dfrersityj:
VI. CAUSE OF ACTION 5 55 2
1----ua..a·.a..Sa.a.c"'•-,.........=a . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Bricf description of cau,e:
FOIA Com Jaint For Declarato and 1n·unctive Relief
Vil. REQUESTED IN 0 CHECK IF THIS lS A CLASS ACTION DEI\JAND$ CHECK YES only if demanded in complaint:
COMPLAINT: L'NDER RULE 23. F.R.Cv.P. JlJRV DEMAND: 0 Yes ONo
VIII. RELATED CASE(S)
(Set• fu.,.1ntctions).
IFANY JUDGE DOCKET NlJMBf:R
DATE
11/13/2018

RECl'.IPT AMOU'\T APPLYl:--iG IFP JUllC,F \!AG.JUDGE


Case 1:18-cv-00162-SPW-TJC Document 1 Filed 11/13/18 Page 1 of 12

Christopher Kortlander
1 P. 0. Box 200
Garryowen, MT 59031
FILED
2 chris@custermuseum.org NOV 13 2018
3 Plaintiff Clerk, U.S. Courts
District Of Montana
Billings Division
4

7
UNITED STATES DISTRICT COURT
8
for the
9
District of Montana, Billings Division
10

11 CHRISTOPHER KORTLANDER,
P. 0. Box 200
12 Garryowen, MT 59031,
Cause No. CN-\ '6-\u ci- ~~- S?w-
Plaintiff,
13
\~
14 vs.

Civil Action-FOIA
BUREAU OF LAND MANAGEMENT,
15 Complaint for Declaratory
5001 Southgate Drive,
Billings, MT 59101, and and Injunctive Relief
16 DEPARTMENT OF THE INTERIOR,
1849 C Street, N.W.,
17 Washington DC 20240,
and
18 RYAN ZINKE, in his official capacity
of Secretary of the Interior,
19
Defendants
20

21
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
22
1) Plaintiff Christopher Kortlander asserts violation of the Freedom of
23
Information ACT (FOIA), 5 U.S.C. § 552, by defendant Department of the Interior
24

(DOI), Bureau of Land Management (BLM), for failing to disclose responsive


25

COMPLAINT FOR DECLARITORY AND INJUCTIVE RELIEF - 1 of 13


Case 1:18-cv-00162-SPW-TJC Document 1 Filed 11/13/18 Page 2 of 12

1 records and documents generally "concerning the investigation or prosecution of


2 Robert W. Weaver (dob unknown, dod 12/31/2016)"
3 2) Plaintiff filed a FOIA request with BLM (request attached as Exhibit A)
4 which was received by the BLM October 19, 2017. (receipt acknowledgement
5 attached as Exhibit F) The request asks about the reports and documents in which
6 the BLM "agency and agents were involved in the investigation, sting, and raid of
7 Mr. Weaver, who resided in Cody, Wyoming." The requests asks that the BLM
s response "should include all agent's notes, reports and Operations Plans, including
9 all email communications with, to or from your agents and agency concerning any
1o aspect of Robert Weaver and the investigation. The information requested
11 includes, but is not limited to all information, investigation note, laboratory test
12 and result, emails, phone conversation notes of every type involved in the matters
13 identified above regarding the person or businesses of Robert Weaver. Further
14 identification and information received from any (and) all informants and
15 information sources providing information of any type whatsoever in the matter
16 (is) requested."
17 3) Plaintiff seeks a declaration that BLM and DOI violated FOIA by failing
18 to produce responsive records by the statutory deadline and an injunction ordering
19 BLM and DOI to produce all non-exempt responsive records by a date certain,
20 without further delay.
21 JURISDICTION AND VENUE
22 4) This Court has jurisdiction pursuant to 28 U.S.C. 1331 and 5 U.S.C. §
23 552(a) (4) (B)
24

25

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Case 1:18-cv-00162-SPW-TJC Document 1 Filed 11/13/18 Page 3 of 12

1 5) Venue is proper in this district because Plaintiff Kortlander resides and


2 has its principal place of business in this judicial district. [(5 U.S.C. 2.8 U.S.C.
3 1391(e)(l)].
4 PARTIES
5 6) Plaintiff CHRISTOPHER KORTLANDER (KORTLANDER) is a U.S.
6 citizen, residing at Garryowen, Montana. KORTLANDER is the principal officer
7 and/or owner of several business entities also located at Garryowen, Montana.
s These businesses include: CUSTER BATTLEFIELD MUSEUM, INC. (CBM), a
9 not-for-profit Montana corporation. Plaintiff KORTLANDER is the requestor of
1o the withheld records.
11 7) Plaintiff Kortlander is the Executive Director of the Custer Battlefield
12 Museum, a not-for-profit organization with more than two decades of experience
13 in rare collectibles including historical artifacts. The museum is also an
14 educational institution and additionally Kortlander is a published author writing
15 about the federal law enforcement agency named as Defendant in this request.
16 8) Defendants BLM and DOI are departments of the Executive Branch of
17 the United States government and the BLM is a subdivision of the DOI.
1s Defendants BLM and DOI are agencies within the meaning of 5 U.S.C. § 552 (f).
19 The BLM and other defendants have possession and control of the records that
2o Plaintiff seeks.
21 9) Defendant RYAN ZINKE is Secretary of the Interior and heads the
22 Department of the Interior. Defendant Zinke is responsible for DOI (and thus
23 BLM) compliance with the laws of the United States and regulations promulgated
24 thereunder, including the laws and regulations at issue in this case.
25 STATUTORY AND REGULATORY FRAMEWORK

COMPLAINT FOR DECLARITORY AND INJUCTIVE RELIEF - 3 of 13


Case 1:18-cv-00162-SPW-TJC Document 1 Filed 11/13/18 Page 4 of 12

1 10) FOIA requires federal agencies, upon request, to make records available
2 to the public. Id. § 552(a)(3)(A)
3 11) An agency must determine whether to comply with a FOIA request

4 within twenty business days and "shall immediately notify the person making such
5 request of such determination and the reasons therefor." Id. §552(a)(6)(A)(i); see
6 also 15 C.F.R. § 4.6(b)
7 12) The twenty-day deadline for an agency to determine whether to comply
s with a FOIA request begins on the earlier of: (1) the date "the request is first
9 received by the appropriate component of the agency" or (2) "ten days after the
10 request is first received by any of the agency that is designated in the agency's
11 regulations ... to receive (FOIA) requests." 5 U.S.C. § 552(a)(6)(A).
12 13) If an agency does not respond to a FOIA request by the statutory
13 deadline the requestor is deemed to have exhausted administrative remedies and
14 may immediately pursue judicial review. Id §552(a)(6)(C)(i), 552(a)(4)(B)
15 STATEMENT OF FACTS
16 14) Plaintiff Kortlander has a history of interaction with the defendant
17 federal agency dating back more than 15 years. For most of the last decade
1s Kortlander has been writing and researching the patterns of practice of the Office
19 of Law Enforcement (OLE) of the BLM.
20 15) In 2017 Kortlander wrote a book, Arrow to the Heart: The Last Battle at
21 the Little Big Horn: The Custer Battlefield Museum vs. The Federal Government
22 which was published in 2018. This book discusses Plaintiffs experiences with the
23 BLM - OLE and the legal issues related thereto as they might affect the general
24 public and especially museums and collectors of antiques and historical artifacts.
25

COMPLAINT FOR DECLARITORY AND INJUCTIVE RELIEF - 4 of 13


Case 1:18-cv-00162-SPW-TJC Document 1 Filed 11/13/18 Page 5 of 12

1 16) Since the publication of the book several additional facts have come to
2 the public's attention, involving the death of individuals following their association
3 with or interaction with agents of the defendant federal agency herein.
4 17) The delay in the response by the defendants in this FOIA request is so
5 egregious as to reflect an apparent effort to thwart the "sunshine" expected to open
6 the agencies of the federal government to public scrutiny and thus accountability.
7 The result is that the agents and employees of the defendant federal agencies are
s continuing their unlawful and abusive pattern and practices using administrative
9 delays and negligence to the public's detriment, which Plaintiff is investigating.
10 18) The BLM states that "BLM-MT's long-time FOIA Coordinator recently
11 retired .... " (see Exhibit C) One person's retirement should not have been a surprise
12 to BLM management and does not justify the failure to respond with any requested
13 documents or records for fully one calendar year. It is hard to believe that the
14 retirement of a long-time employee wouldn't have been anticipated in BLM
15 planning.
16 19) In recent years there have been not less than 6 deaths resulting from
17 OLE activities of the BLM. One of those deaths is the person who is the subject of
1s this FOIA request; Robert W. Weaver (doh unknown, dod 12/31/2016).
19 20) In 2014, Plaintiff received a document that set forth several abuses of
20 federal authority by law enforcement agents of the BLM and the U.S. Fish and
21 Wildlife Services. (USFWS) Subsequent investigation by Plaintiff Kortlander
22 demonstrated the accuracy of many of the assertions made within the document.
23 (see Exhibit D)
24 21) Earlier this year Plaintiff received additional information revealing a
25 continuing pattern and practice of abusive administration of justice by the

COMPLAINT FOR DECLARITORY AND INJUCTIVE RELIEF - 5 of 13


Case 1:18-cv-00162-SPW-TJC Document 1 Filed 11/13/18 Page 6 of 12

1 supervisory personal of the BLM-OLE. (see Exhibit E) The continuing failure of

2 the BLM to respond works to the detriment of the public which is left without any

3 other remedy to expose the abusive and unlawful practices of BLM-OLE.

4 22) In a scathing 18-page memo dated November 27, 2017, the lead

5 investigator who assessed how federal officers handled the 2014 armed standoff

6 with Nevada rancher Cliven Bundy accuses federal agents of far-reaching

7 misconduct, recklessness and unrestrained antipathy toward the Bundy family.

s (see Exhibit B) The memo specifically mentions BLM Special Agent Dan Love as

9 the author of a Kill Book naming three targets who had been driven to suicide. 1

10 23) In that memo, BLM Investigator Larry Wooten specifically references

11 Dan Love bragging that the Kill Book amounted a trophy that included the now

12 deceased Utah physician, Dr. James Redd. Dan Love was SAC of operation

13 Cerberus Action as well as the 2014 Bundy Standoff.

14 24) Prosecutors shared it with defense lawyers for Bundy, his two sons
15 and co-defendant Ryan Payne as they were in the midst of their conspiracy trial.
16 The memo prompted defense lawyers to move for dismissal of the case which
17 was already in disarray over concerns raised previously about the government's
1s failure to promptly share evidence. 2
19 25) In January 2018, Judge Gloria Navarro dismissed the case rebuking
20 federal prosecutors - using the words "flagrant" and "reckless" to describe how
21

22

23

24 1 https://www.sltrib.com/news/environment/2017/08/25/new-report-faults-
controversial-blm-agent-for-mishandling-evidence/
25 2 https://www.oregonlive.com/oregon-

standoff/2017/12/blm_investigator_alleges_misco.html

COMPLAINT FOR DECLARITORY AND INJUCTIVE RELIEF - 6 of 13


Case 1:18-cv-00162-SPW-TJC Document 1 Filed 11/13/18 Page 7 of 12

1 they withheld evidence from the defense - before saying "that the universal sense
2 of justice has been violated. "3
3 26). In March 2016, former U.S. Congressman Jason Chaffetz (R-Utah)
4 introduced a bill in Congress (HR-622) to abolish law enforcement units at the
5 BLM. 4 The bill says state and local law enforcement should police federal lands
6 instead. It also requires that (the Secretary) and DOI give grants to those states to
7 fund their enforcement activities. Representatives Rob Bishop, Chris Stewart and
s Mia Love (R-Utah), are also co-sponsors of the legislation.
9 27) The sponsors assert that this legislation will help deescalate conflicts
1o between law enforcement and local residents while improving transparency and
11 accountability. The bill would directly impact the BLM OLE which employs more
12 than 250 rangers and special agents, with an annual budget in excess of $261
13 million. It also requires that both Secretaries (Agriculture and Interior) report to
14 Congress how they are using the grants development program and the States must
15 demonstrate that they're using the funding only for law enforcement purposes in an
16 annual report.
17 28) Former Congressman Chaffetz, Senator Mike Lee, and other lawmakers
1s said the bill is partly in reaction to reported conflicts between federal land officers
19 and local communities. The Utah Sheriffs and Western Sheriffs associations both
2o actively support the bill arguing there are "aggressive and over reactive federal
21

22 3 http://www.latimes.com/nation/la-na-bundy-mistrial-2018-story.html
4H.R. 622, Local Enforcement for Local Lands Act first introduced last year,, removes the law
23
enforcement function from the Bureau of Land Management (SLM} and U.S. Forest Service. Instead, the
bill calls for deputizing local law enforcement, combined with block grant funding, to empower existing
24
duly elected law enforcement offices to carry out these responsibilities. The bill also establishes a formula
to reimburse local law enforcement based on the percentage of public land in each state. The resulting
25 cost savings will reduce the SLM budget by five percent and the Forest Service by seven
percent https://www.congress.gov/bill/ll5th-congress/house-bill/622

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Case 1:18-cv-00162-SPW-TJC Document 1 Filed 11/13/18 Page 8 of 12

1 land agents," who often overstep their authority. This is a huge concern for the
2 Utah congressman who argued there is a lack of accountability when it comes to
5
3 the actions of federal law enforcement officers.
4 29) Chaffetz said he believes the bill would actually increase law
5 enforcement on public lands because federal authorities are currently spread thin
6 and local agencies have more officers per square mile. He also criticized federal
7 agencies for "haphazard" enforcement and said they have refused to disclose
s information on the size of their arsenals.
9 30) The bill currently has the support of all of Utah's four congressional
10 representatives, as well as Utah Gov. Gary Herbert. The state Sheriffs Association
11 has also come out in favor of the bill, writing that federal officials have tried to
6
12 "usurp" local authority and have been "aggressive and over reactive."
13 31) Delays in the Defendants' response to Plaintiffs FOIA request have
14 been unlawful and contrary to the public's interest as demonstrated by the
15 preceding events cited above. Justice delayed results in justice denied, or in this
16 case accountability delayed means accountability denied and also resulting in
17 justice denied.
1s PLAINTIFF's FOIA REQUEST
19 32) Plaintiff filed a FOIA request with BLM (request attached as Exhibit A)

2o which was received by the BLM October 19, 2017. Plaintiff subsequently
21 received two letters from the BLM regarding the above referenced FOIA request,
22 the 1st dated October 23, 2017, and the 2nd dated December 12, 2017. (see
23

24
s http://rangefire.us/2016/08/11/10558/
25 6
https://www.buzzfeednews.com/article/jimdalrympleii/federal-policing-of-
public-lands-targeted-by-western-lawmake

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Case 1:18-cv-00162-SPW-TJC Document 1 Filed 11/13/18 Page 9 of 12

1 Exhibits F and G) In the 1st letter the BLM states that Plaintiffs request for a fee
2 waiver will be acted upon in the "next 20 days." In the 2nd response the BLM
3 states: "We have completed an initial review of the records responsive to your
4 request.".
s 33) The COMPLEX track designation the BLM assigned to the FOIA
6 request, states that "requests will be processed in 21 to 60 workdays." Over the
7 course of the next several months, Defendants has not provided any documents or
s information whatsoever in response to Plaintiffs FOIA request.
9 34) An APPEAL letter was sent by the Plaintiff to the BLM State FOIA
10 Coordinator on May 16, 2018 (see Exhibit H) with no response and a 2nd letter was
11 sent September 4, 2018 (see Exhibit I) with copies to FOIA/Privacy Act Appeals
12 Office, Department of the Interior; Office of Government Information Services,
13 National Archives and Records Administration; Sandra S. Leach, Deputy State
14 Director, Division of Resources, Planning and Fire, Bureau of Land Management-
1s DOI (see Exhibit #3), by email to FOIA Public Liaison, Ryan Witt.
16 35) It has now been more than a year since Plaintiff Kortlander submitted
17 the FOIA request. Defendant's response is now long past due.
1s CAUSE OF ACTION
19 Violation of the Freedom of Information Act for Wrongful Withholding of
2o Agency Records
21 36) Plaintiff repeats and re-alleges the allegations in paragraphs 1 through
22 30 above, inclusive.
23 37) Defendants have wrongfully withheld agency records requested by
24 Plaintiff by failing to comply with the statutory time limit for the processing of
2s FOIA requests. 5 U.S.C. § 552(a)(6)(A)(i).

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Case 1:18-cv-00162-SPW-TJC Document 1 Filed 11/13/18 Page 10 of 12

1 38) Kortlander has a statutory right under FOIA to prompt production of the
2 records it seeks, and there is no legal basis for failure to disclose them.
3 39) Plaintiff is entitled to an order requiring the immediate processing and
4 release of the requested documents. 5 U.S.C. § 552(a)(4)(B).
5 40) BLM's first letter (see Exhibit F) states that Plaintiffs request for a fee
6 waiver would be resolved "within the next 20 days." Having received no
7 subsequent determination, the 20 day period prescribed having long ago expired,
s Plaintiffs request for fee waiver is thus determined to be granted as a matter of
9 law.
10 REQUESTED RELIEF
11 WHEREFORE, plaintiff prays that this Court:
12 • Declare that Kortlander has a statutory right under FOIA to prompt
13 production of the records it seeks, and there is no legal basis for failure to
14 disclose them.
15 • Declare that Defendant's refusal to disclose the records requested by Plaintiff
16 is unlawful;
17 • Order Defendant to disclose all responsive non-exempt records by a date
1s certain, without further delay;
19 • Order defendants, upon completion of such expedited processing, to disclose
2o the requested records in their entireties without redaction and to make copies
21 available to plaintiff;
22 • Order Defendants to produce a log (a Vaughn Index as provided in 32 CFR
23 701.39) identifying any documents or parts thereof that it withholds and the
24 basis for the withholding;
25 • Provide for expedited proceedings in this action;

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1 • A ward plaintiff his/their costs and reasonable attorneys' fees incurred in this
2 action pursuant to 5 U.S.C. § 552(a)(4)(e); and
3 • Awarding Kortlander his reasonable costs and compensation for his time
4 expended in bringing this action in addition to attorney fees.
5 • Grant such additional and further relief as the Court may deem just, proper
6 and equitable.
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COMPLAINT FOR DECLARITORY AND INJUCTIVE RELIEF - 11 of 13


Case 1:18-cv-00162-SPW-TJC Document 1 Filed 11/13/18 Page 12 of 12

1 Dated this 12th day of November 2018


2 ~~~..,a_
Christopher Kortlander
3 P. 0. Box 200
Garryowen, MT 59031
4 406-638-2020
chris@custermuseum.org
5

7 I hereby certify that the information and allegations in the foregoing COMPLAINT
8 FOR DECLARATORY AND INJUNCTIVE RELIEF are true and correct to the
9 best of my knowledge.
10

11 Christopher Kortlander

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COMPLAINT FOR DECLARITORY AND INJUCTIVE RELIEF - 12 of 13


Case 1:18-cv-00162-SPW-TJC Document 1-1 Filed 11/13/18 Page 1 of 1

1 List of Exhibits
2

3 A- Plaintiffs FOIA Request


4 B - Wooten Memo regarding prosecutorial abuse in US vs. Cliven Bundy, et.al.
5 C - FOIA appeal response by the DOI, dated September 19, 2018
6 D - First Whistleblower Document
7 E - Second Whistleblower Document
s F - BLM response letter October 23, 2017
9 •Letter acknowledging BLM receipt of the FOIA Request Oct 19, 2017
10 G- BLM response letter December 12, 2017
11 H - Kortlander's appeal letter May 16, 2018
12 I - Kortlander's appeal letter September 4, 2018
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COMPLAINT FOR DECLARITORY AND INJUCTIVE RELIEF - 13 of 13


Case 1:18-cv-00162-SPW-TJC Document 1-2 Filed 11/13/18 Page 1 of 4
Case 1:18-cv-00162-SPW-TJC Document 1-2 Filed 11/13/18 Page 2 of 4
WHERE THE BATTLE OF THE LITTLE BIG HORN BEGAN
CELEBRATING THE PRESERVATION OF WESTERN HISTORY

(U~ItR ~AII1~fl~1D MU~tUM


Town Hall P.O. Box200 Ganyowen,Montana 59031-0200
Museum 406.638.2020 FAX 406.638.2019 '\\-'\vw.custennuseum.org

Freedom of Information Act Office


Bureau of Land Management
5001 Southgate Drive
Billings, MT 59101

RE: FOIArequestre: RobertW. Weaver(dobunknowndod 12/31/2016)

Dear FOIA officer:

This is a Freedom of Information Act request all information your agency has concerning the
investigation or prosecution of the following named individual or entities: Robert W. Weaver (dob unknown
dod 12/31/2016)

Your agency and agents were involved in the investigation, sting, and raid of Mr. Weaver, who
resided in Cody, Wyoming.

Your response should include all agent's notes, reports, and Operations Plans, including all email
communications within, to or from your agents and agency concerning any aspect of Robert Weaver and the
investigation. The information requested includes, but is not limited to all information, investigation notes,
laboratory tests and results, emails, phone conversation notes of every type involved in the matters identified
above regarding the person or businesses of Robert Weaver. Further identification and information received
from any all informants and information sources providing information of any type whatsoever in the matter
requested.

This information is part of an exploration and investigation into the activities of yours and other
agents and agencies believed to be involved it the related matter(s).

In understand that fee policy is that as a result of EACH request "agencies must provide the first one hundred
pages ofpublication, as well as the first two hours ofsearch time, without cost to the requester." See 5 U.S.C.
§ 552(a)(4)(A)(iv)(II).

If you do not understand any part of this FOIA request, then please contact me for further information where
available.

Requestor Category:
"An agency's determination of the appropriate category for an individual requester is dependent upon the
intended use of the information sought ... " My intended use is NOT commercial.

Chns Kortlander, Founding Director


srrn OF THE TOMB OF THE UNKNOWN SOLDIER
Case
I am the Executive 1:18-cv-00162-SPW-TJC
Director Document
of a museum and a member 1-2organizations
of various Filed 11/13/18 Page 3 with
and associated of 4 other
museum that have collections that include artifacts. The Robert Weaver investigation and the taking of his own
life has drawn the interest of several museums and collectors throughout our nation. Many of the matters
associated with his interaction with the federal agencies involved also likely impact others in this complex and
imprecise area of law and federal law enforcement.

I intend to review and research the issues presented in the federal investigation and law enforcement activities
related to Robert Weaver and to report my review of the facts and issues to my peers to help educate them as to
the potential problems they also may face in dealing with people and matters related to the Archaeological
Resource Protection Act (ARP A).

Further I intend to editorially deal with the matters related to his interaction with the federal agencies and
federal agents to news organizations for the purpose of communicating a distinct work to an audience by
various means of written and electronic communications. I have previously interacted with both print and
electronic media for the purpose of disseminating news to the general public. There is definitely a segment of
the general public that will have an interest in his experience with the Bureau of Land Management and the
information I am seeking access to.

Therefore, this is not being a commercial purpose as specified in 5 U.S.C § 552. And while this information
may possibly be used in the furtherance ofrequestor's possible legal claim(s), there is no commercial intent
attached to such a use of requested information. See McClellan Ecological Seepage Situation v. Carlucci 835
F.2d 1282, 1285 (9 th Cir. 1987).

The Custer Battlefield Museum is, inter alia, an educational institution, having the purpose of educating the
public on the western migration expansion of the United States and to the events and circumstances surrounding
the events commonly known as the Battle of the Little Big Hom. The education function is accomplished by
displays, electronic publication, and Internet dissemination through the facilities of the museum. Each summer,
several docents representing various colleges from around the United States spend time - 100 or more days --
earning college credit at the museum. In additional, representatives of various military educational
organizations, including the Fort Mead Officer's Candidate School have had their students study at the
Garryowen location of the museum for several years. The Regiment is an extension of the Training and
Doctrine Command (TRADOC) and The Army School System (TASS).

News organization:
The museum regularly disseminates news and infom1ation through electronically and on the Internet. The
requestor meets the standard set forth in 0MB Fee statutory guideline. It is not necessary to qualify the
museum as a news organization, only that the requestor would qualify as a freelance journalist, considered to be
a representative of the news media if the requestor 'can demonstrate a solid basis for expecting publication
through [a news media] entity, whether or not the journalist is actually employed by the entity. See 52 Fed.Reg,
@ 10.018

Type of Fee:
As an educational institution or a news organization, the requestor is entitled to a waiver of all search fees above
the two hours specified for each of the FOIA requests as set forth above. The only fee to which the requestor
may be subject is for duplication costs unless the information is provided to the requester in electronic form.

Request for fee waiver:


Disclosure of the information requested is in the Public Interest because it is like likely to contribute
significantly to public understanding of the operations or activities of the federal government. The four criteria
are:

Chris Kordand~r, Founding Director


SITE OF 11-IE TOMB OF 'IHE UNKNOWN SOillIER
(1) The subject
Caseof1:18-cv-00162-SPW-TJC
the request does concern the operations
Documentand/or1-2 activities of the federal
Filed 11/13/18 Pagegovernment
4 of 4 in the
operation and enforcement of ARP A; and
(2) The law regulating this area of activity is complex, dynamic and subject to various and inconsistent
interpretation and enforcement; and
(3) Understanding of the actions and policies of the various federal agencies and federal agents involved are
like to benefit a significant segment of the general public, contributing to the public understanding; and
(4) Given the recent activities of many of these same federal agencies in similar issues in and around the
State of Utah, involving literally hundreds of people in and out oflaw enforcement, disclosure of the
requested information is likely to contribute significantly to the public understanding of government
operation and/or activities, already at the cost of lives; and
(5) That there is NO commercial interest, as set forth in the rules and regulations for this request; and
(6) NO possible commercial purpose of the requestor would be sufficiently large, in comparison with the
public interest in disclosure such that disclosure is "primarily in the commercial interest of the
requester." A fee waiver or reduction is justified where the public interest standard is satisfied and that
public interest is greater in magnitude than that of any identified commercial interest in disclosure.

The requestor in this matter submits that this request meets the federal criteria for waiver of all fees and costs
associated with this FOIA request.

Therefore, the reguestor respectfullv requests that all fees be waived as provided for by law and public policy,
in the public interest. In the event the foregoing request for waiver of fees and costs is not granted, I hereby
agree to pay fees, if necessary, to process my FOIA request. If the costs associated with the FOIA request are
above $100, I understand the FOIA Officer will call/contact me first.

Thank you for your prompt attention to this request.

Sincerely,

Christopher Kortlander
Town Hall, P. 0. Box 200
Garryowen, MT 59031
chris(a'jcusterbattlefieldrnuseum.org

Chris Kortlander, Founding Director


SITE OF 'IHE TOl\IB OF THE UNKNOWN SOWIER
Case 1:18-cv-00162-SPW-TJC Document 1-3 Filed 11/13/18 Page 1 of 19
Case 1:18-cv-00162-SPW-TJC Document 1-3 Filed 11/13/18 Page 2 of 19

Begin forwarded message:

From: Larry Wooten


Date: November 27 20

Subject: Discovery Issues within the Las Vegas Cliven Bundy Trial

Good afternoon sir.

Please excuse this rather long email and my direct contact. I have tried to resolve
these issues through my chain of command, but I have failed.

On November 15, 2017, yo.ur contact information was provided during discovery
training hosted by the United States Attorney's Office in Boise, Idaho.

I feel it is my obligation to report the below referenced issues.

Additionally, the U.S. Office of Special Counsel also directed me the Department of
Justice Office of Professional Responsibility.

I apologize for contacting you directly. However, I felt you would want to know of
these issues. ·

Please let me know if you have any questions.

My contact information is included in the below narrative.

Respectfully,
Case 1:18-cv-00162-SPW-TJC Document 1-3 Filed 11/13/18 Page 3 of 19

Larry "CHnt" Wooten

From: Larry C. Wooten


Special Agent
U.S. Departmem ofTnterior, Bureau of Land Management

Email
Office Phonelll····
1387 S. Vinnell Way, Boise, ID 83709
Gov't Cell Phone:

To: Andrew D. Goldsmith


Associate Deputy Attorney General
National Criminal Discovery Coordinator
Email:

Subject: Disclosure and Complaint Narrative in Regard to Bureau of Land Management


Law Enforcement Supervisory Misconduct and Associated Cover-ups as well as Potential
Unethical Actions, Malfeasance and Misfeasance by United States Attorney's Office
Prosecutors from the District of Nevada, (Las Vegas) in Reference to the Cliven Bundy
Investigation

Reference: Dl-17-2830, MA. -17-2863, LM 14015035, District of Nevada Case 2: 16-cr-


00046-GMN-PAL (United States of America v. Cliven Bundy, et al)

Issue: As a U.S. Department of Interior (DOI), Bureau of Land Management (BLM),


Office of Law Enforcement and Security (OLES) Special Agent (SA) and Case
Agent/Lead Investigator for the Cliven Bundy/2014 Gold Butte Trespass Cattle Impound
Case out of the District of Nevada in Las Vegas (Case 2: l 6-cr-00046-GMN-PAL-United
States of America v. Cliven Bundy, et al), I routinely observed, and the investigation
revealed a widespread pattern of bad judgment, lack of discipline, incredible bias,
unprofessionalism and miscon<luct, as well as likely policy, ethical, and legal violations
among senior and supervisory staff at the BLM's Office of Law Enforcement and
Security. The investigation indicated that these issues amongst law enforcement
supervisors in our agency made a mockery of our position of special trust and confidence,
portrayed extreme unprofessional bias, adversely affected our agency's mission and
likely the trial regarding Cliven Bundy and his alleged co-conspirators and ignored the
letter and intent of the law. The issues I uncovered in my opinion also likely put our
agency and specific law enforcement supervisors in potential legal, civil, and
administrative jeopardy.

When I discovered these issues, l promptly reported them to my supervisor (a BLM


Assistant Special Agent-in-Charge, but also my subordinate co-case agent). Often, I
realized that my supervisor was already aware of the issues, participated in, or instigated
2
Case 1:18-cv-00162-SPW-TJC Document 1-3 Filed 11/13/18 Page 4 of 19

the misconduct himself, was present when the issues were reported to both of us, or was
the reporting party himself. When I reported these issues, my supervisor seemed
generally unsurprised and uninterested and was dismissive, and seemed unconcerned.

I tried to respectfully and discretely urge and influence my supervision to stop the
misconduct themselves, correct and/or further report the issues as appropriate and remind
other employees that their use of electronic communications was likely subject to Federal
Records Protections, the case Litigation Hold, the· Freedom of Information Act (FOIA)
and Case/Trial Discovery. I also tried to convey to my supervisor that the openly made
statements and actions could als·o potentially could be considered bias, used in witness
impeachment and considered exculpatory and subject to trial discovery.

As the Case Agent and Lead Investigator for the DOI/BLM (for approximately 2 years·
and tO months), I found myself in an unusual situation. I was specifically asked to lead a
comprehensive, professional, thorough, unbiased and independent investigation into the
largest and most expansive and important investigation ever within the Department of
Interior. Instead of having a normal investigative team and chain of command, a BLM
Assistant Special Agent-in-Charge (ASAC) decided to act as a subordinate co-case agent,
but also as my supervisor. Agent's senior to me acted as my helpers. I was basically the
paper work, organizational and research guy. I did all the stuff that the senior and
supervisory agents didn't want to do, but they called me the "Case Agent" and "Lead
Investigator." They often publicly recognized and thanked me, and nominated me for
many awards, but their lack of effort and dependability led to numerous case
issues. During this timeframe, my supervisor (but subordinate), a BLM ASAC
specifically wanted and had the responsibility of liaison and coordinator for interaction
with higher agency officials, cooperating/assisting agencies and with the U.S. Attorney's
Office. Although the BLM ASACwas generally uninterested in the mundane day to day
work, he specifically took on assignments that were potentially questionable and
damaging (such as document shredding research, discovery email search documentation
and as the affiant for the Dave Bundy iPad Search Warrant) and attended coordination
and staff meetings. Sometimes, I felt like he wanted to steer the investigation away from
misconduct discovery by refusing to get case ~ssistance, dismissing my concerns and
participating in the misconduct himself. In February of 2017, it became clear to me that
keeping quite became an unofficial condition of my future employment with the BLM,
future awards, promotions, and a good future job reference.

The longer the investigation went on, the more extremely unprofessional, familiar, racy,
vulgar and bias filled actions, open comments, and inappropriate electronic
communications I was made aware of, or I personally witnessed. In my opinion, these
issues would likely undermine the investigation, cast considerable doubt on the
professionalism of our agency and be possibly used to claim investigator
bias/unprofessionalism and to impeach and undermine key witness credibility. The
ridiculousness of the conduct, unprofessional amateurish carnival atmosphere, openly
made statements, and electronic communications tended to mitigate the defendant's
culpability and cast a shadow of doubt of inexcusable bias, unprofessionalism and
embarrassment on our agency. These actions and comments were in my opinion
offensive in a professional federal law enforcement work environment and were a clear
3
Case 1:18-cv-00162-SPW-TJC Document 1-3 Filed 11/13/18 Page 5 of 19

violation of professional workplace norms, our code of conduct, policy, and possibly
even law. The misconduct caused considerable disruption in our workplace, was
discriminatory, harassing and showed clear prejudice against the defendants, their
supporters and Mormons. Often times this misconduct centered on being sexually
inappropriate, profanity, appearance/body shaming and likely violated privacy and civil
rights.

Many times, these open unprofessional and disrespectful comments and name calling
(often by law enforcement supervisors who are potential witnesses and investigative team
supervisors) reminded me of middle school. At any given time, you could hear subjects
of this investigation openly refen-ed to as "ret*rds," "r*d-necks," "Overweight woman
with tbe big jowls," "d*uche bags," "tractor-face," "idiots," "in-br*d," etc'., etc.,
etc. Also, it was common to receive or have electronic communications reported to me
during the course of the investigation in which senior investigators and law enforcement
supervisors (some are potential witnesses and investigative team members) specifically
made fun of suspects and referenced "Cliven Bundy felony ...just kind of rolls off the
tongue, doesn't it?," dildos, western themed g@y bars, odors of sweat, playing chess
with menstm*ting women, Cliven Bundy sh! tthing on cold stainless steel, personal
lubricant and Ryan Bundy holding a giant penis (on April 12, 2014). Extremely bias and
degrading fliers were also openly displayed and passed around the office, a booking
photo of Cliven Bundy was (and is) inappropriately, openly, prominently and proudly
displayed in the office of a potential trial witness and my supervisor and an altered and
degrading suspect photos were put in an office presentation by my
supervisor. Additionaliy, this investigation also indicated that former BLM SAC Dan
Love sent photographs of his own feces and his girl-friend's vaglna to coworkers and
subordinates. ft was also reported by another BLM SAC that former BLM SAC Dan
Love told him that there is no way he gets more pu$$y than him. Furthennorc, 1 became
aware of potentially captured comments in which our own law enforcement officers
allegedly bragged about roughing up Dave Bundy, grinding his face into the ground, and
Dave Bundy having little bits of gravel stuck in his face (from April 6, 2014). On two
occasions, I also overheard a BLM SAC tell a BLM ASAC that another/other BLM
employee(s) and potential trial witnesses didn't properly turn in the required discovery
material (likely exculpatory evidence). My supervisor e~en instigated the unprofessional
monitoring of jail calls between defendants and their wives, without prosecutor or FBI
consent, for the apparent purpose of making fun of post arrest telephone calls between
Idaho defendants/FBI targets (not subjects of BLM's investigation). Thankfully, AUSA
a
Steven Myhre stopped this issue. I even had BLM ASAC tell me that he tried to report
the misconduct, but no one listened to him. I had my own supervisor tell me that former
BLM SAC Dan Love is the BLM OLES "Directors boy" and they indicated they were
going to hide and protect him. The BLM OLES Chief of the Office of Professional
Responsibility/Internal Affairs indicated to me the fom1er BLM OLES Director protected
former BLM SAC Love and shut the Office of Professional Responsibility out when
misconduct allegations were repo1tcd about Love and that the former BLM OLES
Director personally (inappropriately) investigated misconduct allegations about
Love. Another former BLM ASAC indicated to me that former BLM SAC Love was a
liability to our agency and the Cliven Bundy Case.· I was even told of threats of physical
harm that this former BLM SAC made to his subordinate employee and his family.
4
Case 1:18-cv-00162-SPW-TJC Document 1-3 Filed 11/13/18 Page 6 of 19

Also, more and more it was becoming apparent that the numerous statements made by
potential trial witnesses and victims (even by good officers under duress), could
potentially cast an unfavorable light on the BLM. (See openly available video/audio
footage titled "The Bundy Trial 2017 Leaked Fed Body Cam Evidencet or a video
posted on You Tube titled "Leaked Body Cams from the Bundy Ranch!" published by
Gavin Seim.) Some of these statements included the following: "Jack-up Hage" (Wayne
Hage Jr.), "Are you fucXXXX people stupid or what," "Fat dude, right behind the tree
has a long gun," "MotherFuXXXX, you come find me and you're gonna have hell to
pay," "FatAsX slid down," "Pretty much a shoot first, ask questions later," "No gun
there. He's just holding his back standing like a sissy," "She must not be married,"
"Shoot his fucX:XXX dog first," "We gotta have fucXXXX fire discipline," and "I'm
recording by the way guys, so ... " Additional Note: In this timeframe, a key witness
deactivated his body camera. Further Note: It became clear to me a serious public and
professional image problem had developed within the BLM Office ofLaw Enforcement
and Security. I felt I needed to work to correct this and mitigate the damage it no doubt
had already done.

This carnival, inappropriate and childish behavior didn't stop with the directed bias and
degradation of subjects of investigations. The childish misconduct extended to citizens,
cooperators from other agencies and even our own employees. BLM Law Enforcement
Supervisors also openly talked about and gossiped about private employee personnel
matters such as medical conditions (to include mental illness), work performance,
marriage issues, religion, punishments, internal investigations and derogatory opinions of
highe~ level BLM supervisors. Some of these open comments centered on B 1ow J0bs,
Ma$terbation in the office closet, Addiction to P0rn, a Disgusting Butt Crack, a "Weak
Sister," high self-opinions, crying and scared women, "Leather Face," "Mormons (little
Mormon Girl)," "he has mental problems and that he had some sort of mental
breakdown," "PTSD," etc., etc., etc.

Additionally, it should be noted that there was a ''religious test" of sorts. On two
occasions, I was asked "You're not a Mormon are you" and I was told ''I bet you think I
am going to hell, don't you." (I can explain these and other related incidents later.)

The investigation also indicated that on multiple occasions, former BLM Special Agent-
in-Charge (SAC) Love specifically and pwposely ignored U.S. Attorney's Office and
BLM civilian management direction and intent as well as Nevada State Official
recommendations in order to command the most intrusive, oppressive, large scale, and
militaristic trespass cattle impound possible. Additionally, this investigation also
indicated excessive use of force, civil rights and policy violations. The investigation
indicated that there was little doubt there was an improper cover-up in virtually every
matter that a particular BLM SAC participated in, or oversaw and that the BLM SAC was
immune from discipline and the consequences of his actions. (I can further explain these
issues later. These instances are widely documented.)

As the investigation went on, it became clear to me that my supervisor wasn't keeping the
U.S. Attorney's Office up to date on substantive and exculpatory case findings and

5
Case 1:18-cv-00162-SPW-TJC Document 1-3 Filed 11/13/18 Page 7 of 19

unacceptable bias indications. Therefore, I personally informed Acting United States


Attorney Steven Myhre and Assistant United States Attorney (AUSA) Nadia Ahmed, as
well as Federal Bureau oflnvestigation (FBI) Special Agent Joel Willis by telephone of
these issues. When I did, my supervisor in my opinion deceptively acted ignorant and
surprised. As the case continued, it became clear to me that once again, my supervisor
failed to inform the U.S. Attorney's Office Prosecution Team about exculpatory key
witness statements. Note: During this investigation, my supervisor would also
deceptively indicate to the Prosecution Team that no one else was in the room when he
was on speakerphone. Thereby, allowing potential trial witnesses and his.friends to
inappropriately hear the contents of the discussion.

My supervisor even took photographs in the secure command post area of the Las Vegas
FBI Headqua11ers and even after he was told that no photographs were allowed, he
recklessly emailed out photographs of the "Arrest Tracking Wall" in which Eric Parker
and Cliven Bundy had "X's" through their face and body (indicating prejudice and
bias). Thereby, making this electronic communication subject to Federal Records
Protections, the Litigation Hold, Discovery, and the FOIA.

On Febmary 16, 2017, I personally informed then AUSA (First Assistant and Lead
Prosecutor) Steven Myhre of those specific comments (which I had previously disclosed
to, and discussed with my supervisor) and reminded Special Assistant United States
Attorney (SA USA) Erin Creegan about an email chain by a particular BLM SAC in
reference to the Arrest of David Bundy on April 6, 2014, in which prior to Dave Bundy's
arrest, the BLM SAC and others were told not to make any arrests. When I asked Mr.
Myhre if the former BLM SAC' s statements like "Go out there and kick Cliven Bundy in
the mouth (or teeth) and take his cattle" and "1 need you to get the troops fired up to go
get those cows and not take any crap from anyone" would be exculpatory or if we would
have to inform the defense counsel, he said something like "we do now," or "it is now."

On February 18, 2017, I was removed from my position as the Case Agent/Lead
Investigator for the Cliven Bundy/Gold Butte Nevada Case by my supervisor despite my
recently documented and awarded hard work and excellent and often praised
performance. Additionally, a BLM ASAC (my supervisor, but also my co-case agent)
violated my privacy and conduced a search of my individually occupied secured office
and secured safe within that office. During this search, the BLM ASAC without
notification or permission seized the Cliven Bundy/Gold Butte Nevada Investigative
"hard copy" Case File, notes (to include specific notes on issues I uncovered during the
2014 Gold Butte Nevada Trespass Cattle Impound and "lessons learned") and several
computer hard drives that contained case material, collected emails, text messages,
instant messages, and other information. Following this seizure outside of my presence
and without my permission, the BLM ASAC didn't provide any property receipt
documentation (DI-105/Form 9260-43) or other chain of custody documentation
(reasonably needed for trial) on what was seized. The BLM ASAC also directed me to
tum over all my personal case related notes on my personal calendars and aggressively
questioned me to determine if I had ever audio recorded him or a BLM SAC. I was also
aggressively questioned about who I had told about the case related issues and other
severe issues uncovered in reference to the case and Dan Love (see Congressional
6
Case 1:18-cv-00162-SPW-TJC Document 1-3 Filed 11/13/18 Page 8 of 19

Subpoena by former Congressman Jason Chaffetz and the February 14, 2017, letter that
Congressman Jason Chaffetz and Congressman Blake Farenthold sent the U.S.
Department of Interior's Deputy Inspector General, Ms. Mary L. Kendall regarding Dan
Love allegedly directing the deletion of official documents). Also after this, I believe I
overheard part of a conversation in an open office space where my supervisor was
speaking to a BLM SAC as they discussed getting access to my government email
account. Note: The personal notes that I was directed to turn in and the items seized
from my office and safe wasn 't for discovery, because 1 was transferring to another
agency, because I was the subject ofan investigation, or because my supervisor simply
needed to reference a file. These items were taken because they contained significant
evidence of misconduct and items that would potentially embarrass BLM Law
Enforcement Supervision. Additional Note: The ELM ASAC also ordered me not to
contact the U.S. Attorney's Office, even on my own time and with my personal
phone. Later, when I repeatedly asked to speak with the BLM OLES Director, my
. requests went unanswered until April 26, 2017. The BLM ASA C simply told me it is clear
no one wants to speak with me and that no one is going to apologize to me. Further
Note: In this same secured individual office space and safe. I kept copies of my
important personal documents such as medical records, military records, family personal
papers, computer passwords, personal property serial numbers, etc., as a precaution in
case for some reason my house is destroyed and personal papers are lost/destroyed. It
was clear to me the BLM ASA C didn 't know what he seized and when I told him about my
personal papers, the BLM ASAC just told me "no one is interested in your medical
records. '! It is unknown what unrelated case materials, notes, and personal documents
were actually taken and it is impossible for me, any misconduct investigator, or any
attorney to prove to a court or Congress what case information was taken. I still haven't
heard back what (if any) personal items were in the seized materials and I don 't know
where the seized materials are being stored. It should be noted that I am missing
personal medical physical results that I previously has stored in my office. Additionally,
I believe if the ELM ASA C found my accidently seized medical records, instead o.fgiving
them back to me, he would shred them just like I have seen him shred other items from an
ag~nt that he didn 't like. (I can elaborate on this.)

Please Note: This seized case related material (to include the hard drives) contains
evidence that directly relates to a BLM SAC's heavy handedness during the 2014 Gold
Butte Nevada Trespass Cattle Impound, the ELM SAC ignoring US. Attorney's Office
and higher level BLM direction, documentation of the BLM SA C's alleged gross
supervisory misconduct, potential misconduct and violation of rights issues during the
20 I 4 Gold Butte Nevada Trespass Cattle Impound, as well as potential emails that were
possibly identified and captured before they could have been deleted (as identified as an
issue in the Office ofInspector General Report and possibly concerning a Congressional
subpoena). I believe this information would likely be considered substantive
exculpatoryljencks material in reference to the Cliven Bundy Nevada Series of Trials and
would be greatly discrediting and embarrassing, as well as possibly indicate liability on
the ELM and the BLM SAC.

I am convinced that I was removed to prevent the ethical and proper further disclosure of
the severe misconduct, failure to correct and report, and cover-ups by BLM OLES ·
7
Case 1:18-cv-00162-SPW-TJC Document 1-3 Filed 11/13/18 Page 9 of 19

superv1s1on. My supervisor told me that AUSA Steven Myhre "furiously demanded" that
I be removed from the case and mentioned something about us (the BLM, specifically my
supervisor) not turning over (or disclosing) discovery related material (which is true),
issues I had with the BLM not following its own enabling statute (which is true, I can
elaborate on that later), and a personal issue they thought I had with former BLM SAC
Dan Love. Note: Prior to taking the assignment as Bundy/Gold Butte Investigation Case
Agent/Lead investigator for the BLMIDOI, I didn 't know and had never spoken to former
BLM SAC Dan Love. I was new to the agency and I was also specifically directed to lead
an unbiased, professional, and independent investigation, which I tried to do, despite
supervism:y misconduct. Time after time, I was told offormer BLM SAC Love's
misconduct. I was told by BL.A,! Law Enforcement Supervisors that he had a Kill Book"
as a trophy and in essence bragged about getting three individuals in Utah to commit
suicide (see Operation Cerberus Action out ofBlanding, Utah and the death of Dr.
Redd), the "Failure Rock;" Directing Subordinates to Erase Q[/icial Government Files
i11 order to impede the efforts of rival civilian BLM employees in preparation for the
"Burning Man" Special Event, unlawjidly removing evidence, bragging about the
number <?f" OfG and internal investigations on him and indicating that he is untouchable,
encouraging subordinates not to cooperate with internal and OIG investigations, his
harassment of a female Native American subordinate employee where Mr: Love allegedly
had a doll that he referred to by the employees name and called her his drunk little
Indian, etc., etc., etc. (I can further explain these many issues.)

Following this, I became convinced that my supervisor failed to properly disclose


substantive and exculpatory case and witness bias related issues to the U.S. Attorney's
Office. Also, after speaking with the BLM OLES Chief of the Office of Professional
Responsibility/Internal Affairs and two former BLM ASAC's, I became convinced that
the previous BLM OLES Director Salvatore Lauro not only allowed former BLM SAC
Dan Love complete autonomy and discretion, but also likely provided no oversight and
even contributed to an atmosphere of cover-ups, harassment and retaliation for anyone
that questioned or reported fonner BLM SAC Dan Love's misconduct.

In time, I also became convinced (based on my supervisor and Mr. Myhre's statements)
that although the U.S. Attorney's Office was generally aware of former BLM SAC Dan
Love's misconduct and likely civil rights and excessive force issues, the lead prosecutor
(currently the Acting Nevada United States Attorney) Steven Myhre adopted an attitude
of "don't ask, don't tell," in reference to BLM Law Enforcement Supervisory Misconduct
that was of a substantive, exculpatory and incredible biased nature. Not only did Mr.
Myhre in my opinion not want to know or seek out evidence favorable to the accused, he
and my supervisor discouraged the reporting of such issues and even likely covered up
the misconduct. Fmthermore, when I did report the misconduct, ethical, professional,
and legal issues, I also became a victim of whistleblower retaliation.

Additionally, AUSA Steven Myhre adopted a few troubling policies in reference to this
case. When we became aware that Dave Bundy's seized iPad likely contained remarks
from BLM Law Enforcement Officers that is potentially evidence of civil rights
violations and excessive use of force, Mr. Myhre and my supervisor not only apparently
failed initiate the appropriate follow-on actions, Mr. Myhre apparently failed to notify the
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Defense Counsel and also decided not to return the iPad back to Dave Bundy, even
though the iPad wasn't going to be searched pursuant to a search warrant or used as
evidence in trial and Dave Bundy claimed he needed the iPad for his business. Mr.
Myhre also adopted a policy of not giving a jury the option or ability to convict on lesser
offenses and instead relied on a hard to prove, complicated prosecution theory in order to
achieve maximum punishments (which has generally failed to this point). Also, the
government relied on factually incorrect talking points and on (or about) February 15,
2017, misrepresented the case facts about government snipers during trial (it is unknown
if this misrepresentation was on purpose. or accidental, I can explain this in
detail). Note: The investigation indicated that there was at least one school trained
Federal Sniper equipped with a scoped/magnified optic bolt action precision rifle,
another Federal Officer equipped with a scoped/magnified optic large frame (308
caliber) AR style rifle, and many officers that utilized magnified optics with long range
graduated reticles (out to 1,000 meters-approximately 500 meters on issued rifles
depending on environmental conditions) on standard law enforcement issued AR (223
caliber/5.56mm) and that often officers were in "over watch" positions. Additionally,
the investigation also indicated the possibility that the FBI and the Las Vegas
Metropolitan Police Department had law enforcement snipers/designated marksmen on
hand for possible deployment.

The reporting of these severe issues and associated cover-ups are a last resort. I tried
continually to respectfully and discretely influence my chain of command to do the right
thing.and I made every effort to make sure the Prosecution Team had the information
they needed and were accurate in their talking points. I just wanted the misconduct to
stop, the necessary and required actions be taken and I wanted to be sure these issues
wouldn't create a fatal error in the case and further undermine our agency's mission. I
also needed to be convinced that I was correct. If I was wrong, or errors were simply
mistakes or simple errors in professional judgement or discretion, I didn't want to create
more problems or embarrass anyone. However, my personal experience and
investigation indicated that not only did my management fail to correct and report the
misconduct, they made every effort to cover it up, dismiss the concerns, discourage its
reporting and retaliate against the reporting party. I also tried to make sure that despite
my supervisor's failings, the Prosecution Team had the most accurate information in
terms of case facts, Discovery, and witness liability.

The Whistleblower Retaliation and agency wrongdoing is being investigated by the U.S.
Office of Special Counsel and is also being looked at by the House Committee on Natural
Resources (Subcommittee oµ Oversight & Investigations) and the House Oversight and
Government Reform Committee (Subcommittee on the Interior, Energy, and the
Environment). Additionally, a formal complaint has been filed with my agency in
reference to the religious, sexually vulgar, and the other workplace
harassment. Furthermore, there have been several investigations by the DOI Office of
Inspector General (OIG) that at least in part contributed to the recent firing of BLM
Special Agent-in-Charge Dan Love (which I wasn't a part of).

I ask that your office ensure that Acting United States Attorney Steven Myhre and the
rest of the Cliven Bundy/Gold Butte Nevada Prosecution and Investigative Team is
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conducting the prosecution in an ethical, appropriate, and professional matter. I also


specifically ask that your office provide oversight to Mr. Myhre and his team regarding
the affirmative responsibility to seek out evidence favorable to the accused, not to
discourage the reporting of case issues and suspected misconduct, to report/act on
suspected civil rights violations and not to retaliate against an agent that does his required
duty. I also ask that your office ensure that the Prosecution Team is free of bias and has
ethically and correctly turned over exculpatory evidence to the Defense. I ask that as
appropriate, prose~ution team bias (by Mr. Myhre and possibly by AUSA Daniel Schiess)
and factually incorrect talking points (by AUSA Nadia Ahmed and Mr. M.yhre) be
disclosed and corrected. Note: Mr. Myhre previously referred to the defendants as a cult
and Mr. Schiess said let's get these "shall we say Deplorables. "I was also asked
"You 're not a Mormon are you."(! can explain these and similar issues in detail.)

I don't make this complaint lightly. l do th.is with a heavy heart and I hope that at least in
some ways I am mistaken. However, I know that is extremely unlikely. \Vhen we speak
I can identify subjects, witnesses, and the location of evidence and corroborating
information.

I believe this case closely mirrors the circumstances of former Alaska Senator Ted
Stevens trial. As you may notice from the trials and severnl defense cross-examinations,
very little of the impeachment and exculpatory issues were brought up by the defense. J
believe this is most likely because the defense counsel was uncthicaily not made aware of
them and the severe issues were covered up. Additionally, I believe I can easily show
that both my supervision and possibly Mr. Myhre entered into an unethical agreement to
remove me from being the lead investigator and case agent for the BLM/DOI due to my
objection to, and disclosure of outrageous misconduct, the belief that my testimony under
oath would embarrass supervisory law enforcement officials in our agency and negatively
affect the prosecution, my insistence that my supervisor stop his individual misconduct,
correct the misconduct of other employees and report the misconduct as appropriate (for
counseling, correction, discipline and the possible required internal investigations) and
my belief that my agency is violating the letter and intent of the law.

In regard to prosecution team misconduct, I believe some of it may be attributable to


simple mistakes and simple poor judgement. However, l believe it is unlikely (if my
supervisor's statements to me are true) that Mr. Myhre wasn't himself acting unethically
and inappropriately. Prior to the last few weeks of the in_vestigation, I held Mr. Myhre in
the highest of regards. He is an extremely hard worker and very intelligent. However, l
feel that his judgement is likely clouded by extreme personal and religious bias and a
desire to win the case at all costs. I feel he is likely willing to ignore and fail to report
exculpatory material, extreme bias and act unethically and possibly deceptively to win.

All in all, it is my assessment and the investigation showed that the 2014 Gold Butte
Trespass Cattle Impound was in part a punitive and ego driven expedition by n Senior
BLM Law Enforcement Supervisor (former BLM Special Agent-in-Charge Dan Love)
that was only in part focused on the intent of the associated Federal Court Orders and the
mission of our agency (to sustain the health, diversity, and productivity of America's
public lands for the multiple use and enjoyment of present and future generations). My

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investigation also indicated that the involved officers and protestors were themselves
pawns in what was almost a great American tragedy on April 12, 2014, in which law
enforcement officers (Federal, State, and Local), protesters, and the motoring public were
caught in the danger area. This investigation also indicated, the primary reasons for the
escalation was due to the recklessness, lack of oversight, and arrogance of a BLM Special
Agent-in-Charge and the recklessness, failure to adhere to Federal Court Orders and lack
of recognition of the Federal Government in matters related to land management within
Nevada, by Rancher Cliven Bundy.

The investigation further indicated that the BLM SAC's peers didn't likely attempt to
properly influence or counsel the BLM SAC into more appropriate courses of action and
conduct or were unsuccessful in their attempts. The investigation indicated that it was
likely that the BLM SAC' s peers failed to report the BLM SAC' s
unethical/unprofessional actions, misconduct, and potential crimes up the chain of
command and/or to the appropriate authorities, or that the chain of command simply
ignored and dismissed these reports. The investigation further indicated when individuals
did report issues with the BLM SAC, the reports were likely ignored or marginalized by
higher BLM OLES officials. The investigation also indicated that former BLM OLES
Director Salvatore Lauro likely gave the former BLM SAC complete autonomy and
discretion without oversight or supervision. The investigation further indicated that it
was unlikely that the BLM OLES Director wasn't aware of the BLM SAC's
unethical/unprofessional actions, poor decisions, misconduct, and potential crimes. My
investigation and personal observa~ions in the investigation further revealed a likely
unethical/unlawful "cover-up" of this BLM SAC's actions, by very senior law
enforcement management within BLM OLES. This investigation indicated that on
numerous occasions, senior BLM OLES management broke their own policies and
overlooked ethical, professional, and conduct violations and likely provided cover and ·
protection for the BLM SAC and any activity or operation this BLM SAC was associated
with. My investigation further indicated that the BLM's civilian leadership didn't
condone and/orwas likely unaware of the BLM SAC's actions and the associated cover-
ups, at least until it was too late.

During the investigation; I also came to believe that the case prosecution team at United
States Attorney's Office out of Las Vegas in the District of Nevada wasn't being kept up ·
to date on important investigative findings about the BLM SAC' s likely alleged
misconduct. I also came to believe that discovery related and possibly relevant and
substantive trial, impeachment, and biased related and/or exculpatory information wasn't
likely turned over to, or properly disclosed to the prosecution team by my supervisor.

I also came to believe there were such serious case findings that an outside investigation
was warranted on several issues to include misconduct, ethics/code of conduct issues, use
of force issues (to include civil rights violations), non-adherence to law, and the
loss/destruction of, or putposeful non-recording of key evidentiary items (Unknown
Items 1 & 2, Video/Audio, April 6, 2014, April 9, 2014, April 12, 2014-the most
important and critical times in the operation). I believe these issues would shock the
conscious of the public and greatly embarrass our agency if they were disclosed.

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Ultimately, l believe I was removed from my position as Case Agent/Lead Investigator


for the Cliven Bundy/Gold Butte, Nevada Investigation because my management and
possibly the prosecution team believed I would properly disclose these embarrassing and
substantive issues on the stand and under oath at trial (if I was asked), because my
supervision believed I had contacted others about this misconduct (Congress, possibly the
defense and press) and possibly audio recorded them, because I had uncovered, reported,
and objected to suspected violations of law, ethics directives, policy, and the code of
conduct, and because I was critical of the misconduct of a particular BLM SAC. This is
despite having already testified in Federal Grand Jury and being on the trial witness list.

The purpose of this narrative is not to take up for or defend the actions of the subjects of
this investigation. To get an idea of the relevant historical facts, conduct of the subjects
of the investigation and contributing factors, you may consider familiarizing yourself
with the 2014 Gold Butte Timeline (which I authored) and the uncovered facts of this
investigation. The investigation revealed that many of the subjects likely knowingly and
willingly ignored, obstructed, and/or attempted to unlawfully thwart the associated
Federal Court Orders through their specific actions and veiled threats, and that many of
the subjects also likely violated several laws. This investigation also showed that subjects
of the investigation in part adopted an aggressive and bully type strategy that ultimately
led to the shutdown of I-15, where many armed followers of Cliven Bundy brandished
and pointed weapons at Federal Officers and Agents in the Toquop Wash near
Bunkerville, Nevada, on April 12, 2014, in a dangerous, high risk, high profile national
incident. This investigation further indicated that instead of Cliven Bundy properly using
the court system or other avenues to properly address his grievances, he chose an illegal,
uncivilized, and dangerous strategy in which a tragedy was narrowly and thankfully
avoided.

Additionally, it should be noted that 1 was also personally subjected to Whist!eblowing


Discouragement, Retaliation, and Intimidation. Threatening and questionable behaviors
included the following: Invasion of Privacy, Search and Seizure, Harassment,
Intimidation, Bullying, Blacklisting, Religious "tests," and Rude and Condescending
Language. Simply put, I believe I was expected to keep quiet as a condition of my
continued employment, any future promotions, future awards, or a favorable
recommendation to another employer. ·

During the course of the .investigation, J detennined that any disagreement with the BLM
SAC, or any reporting of his many likely embarrassing, unethical/unprofessional actions
and misconduct was thought to be career destroying. Time and time again, J came to
believe that the BLM SAC's subordinates and peers were afraid to correct him or
properly report his misconduct (despite a duty to act) out of fear for their own jobs and
reputation.

Sometimes, I felt these issues (described in depth below) were reported to me. by senior
BLM OLES management and line Rangers/Agents/employees because they personally
didn't like a pm1icular BLM SAC (although, some of these same people seemed to flatter,
buddy up to, openly like, and protect the BLM SAC). Sometimes, I thought BLM OLES
management wanted to talk about these actions because they thought these blatant
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inappropriate acts by a BLM SAC and others were funny. Sometimes, I thought the
reporting parties wanted the misconduct corrected and the truth to come to light, but they
were afraid/unwilling to report and correct the misconduct themselves. Sometimes, I
thought the reporting parties just wanted to get the issues off their chest. Sometimes, I
thought supervisors wanted to report the misconduct to me, so they could later say they
did report it (since I was the Case Agent/Lead Investigator). Therefore, in their m.ind
limit their liability to correct and report the misconduct and issues. However, it was
confusing that at the same time, I thought some of these reporting parties (particularly in
management) sought deniability and didn't want to go "on the record." These same
reporting/witnessing parties in most cases apparently refused to correct the misconduct
and further report it to higher level supervision, the Office of Inspector General, and the
U.S. Attorney's Office (as required/necessary) and even discouraged me from further
reporting and correcting the issues. Wben I did try to correct and further report the issues
as I believed appropriate and necessary, these same supervisors (who were ·
reporting/witnessing parties) acted confused and unaware. Ultimately, I became an
outcast and was retaliated against.

I also feel there are likely a great many other issues that even I am not aware of, that were
likely disclosed or known to my supervisor, at least two other BLM SACs,. the former
BLM SA C's subordinates, and the former BLM OLES Director. In addition to the
witnesses I identify, I would also recommend interviews with the BLM OLES Chief of
the Office of Professional Responsibility/Internal Affairs and I would recommend
reviews of my chain of command's emails and text messages.

Unfortunately, I also believe that the U.S. Attorney's Office Prosecution Team may have
adopted an inappropriate under the table/unofficial policy of "preferred ignorance" in
regard to the likely gross mfaconduct on the part of senior management from the BLM
Office of Law Enforcement and Security and Discovery/Exculpatory related trial issues.

What indicated to me there was likely deception and a failure to act on the part of my
supervision was the actions, comments, and questions of senior BLM Law Enforcement
Officials, comments by the BLM's Chief of the Office of Professional Responsibility
(Internal Affairs), and the pretrial Giglio/Henthorn Review.

Additionally, actions, comments, and questions by the U.S. Attorney's Office Lead
Prosecutor, the strategy to deny the Dave Bundy iPad evidence from coming to light, the
direction by a BLM ASAC for me not to speak with any member of the Prosecution
Team, and factually deceptive/incorrect talking points (snipers, Bundy property, Bundy
cattle overall health, etc.), indicated to me the Prosecution Team wanted to possibly and
purposefully remain ignorant of some of the case facts and possibly use unethical legal
tricks to prevent the appropriate release of substantive/exculpatory and bias/impeachment
material. I believe that it is more likely than not, that there was not only a lack of due
diligence by the Prosecution Team in identifying and locating exculpatory material, but
there was also a desire to purposely stay ignorant (which my chain of command was
happy to go along with) of some of the issues and likely an inappropriate strategy to not
disclose substantive material to the Defense Counsel and initiate any necessary civil
rights related or internal investigations. Furthermore, I was surprised about the lack of
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Defense Counsel questions about critical vulnerabilities in the case that should have been
disclosed to the Defense in a timely manner. It is my belief that the Defense Counsel was
simply ignorant of these issues.

Also, please keep in mind that I am not an "Internal Affairs," "Inspector General," or
"Office of Professional Responsibility Investigator." Therefore, I couldn't, and can't
independently conduct investigations into government law enforcement
personnel. Additionally, I haven't been fonnally trained on internal
investigations. Therefore, my perception, the opinions I offer, and the fact pattern that I
found relevant was gained from my experience as a regular line investigator and former
uniformed patrol and Field Training Officer (FTO).

Each, and every time I came across any potential criminal, ethical, or policy related issue,
in the course of my duties as the DOI/BLM Case Agent/Lead Investigator for the Gold
Butte/Cliven Bundy Nevada Investigation, I reported the issues up my chain of command
with the intent to run an independent and unbiased, professional investigation, as I was
instructed. Later, I determined my chain of command was likely already aware of many
of these issues and were likely not reporting those issues to the prosecution team and
higher headquarters. Later, 1 also was informed by the BLM Office of Professional
Responsibility (OPR) Chief that any issues that had anything to do with a particular
favored BLM SAC, the BLM OLES Director looked at himself instead of OPR. The OPR
Chief told me he was shut out of those types of inquiries. I noted in the pre-trial
Giglio/Henthorn Review that this appeared to be accurate. I also noted that these types of
issues I discovered apparently weren't properly investigated as required. The bad joke I
heard around the office was that the BLM SAC knew where the BLM OLES Director had
buried the prOstitutcs body and that is why the BLM OLES Director protects him.

I know good people make mistakes, are sometimes immature and use badjudgement.
do it all the time. I am not addressing simple issues here. However, some simple issues
are included to indicate a wide spread pattern, openly condoned
prohibited/unprofessional conduct and an inappropriate familiar and carnival
atmosphere. Additionally, the refusal to correct these simple issues and conduct
discrepancies, harassment, and ultimately cover-ups and retaliation are indicated and
explained throughout this document.

Since 1 wasn't a supervisor and since I was one of the most junior criminal investigators
in our agency, I tried to positively influence those above me by my example and discrete
one on one mentoring and urging. I simply wanted the offensive and caseiagency
destructive conduct to stop, to correct the record where appropriate, and infom1 those
who we had a duty to inform of the potential wrong-doing. I attempted to positively
influence my management in the most respectful and least visible way possible. In order
to accomplish this, I adopted a praise in public and counsel in private approach. When
that failed to work for the long term, I had to become more "matter of fact" (but always
respectful), when that failed to work l resorted to documenting the instances and
discussions. Later, I resorted to official government email to m.ake a permanent record of
the issues. When this failed to deter the offensive conduct or instigate appropriate action
by my supervision, I had to notify others and identify witnesses. Trespected and stayed
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within my chain of command until I was expressly forbidden from contacting the U.S.
Attorney's Office and my requests to speak with the BLM OLES Director went
unanswered.

Simply put, as a law enforcement officer, I can't allow injustices and cover-ups to go
unreported or half-truths and skewed narratives go unopposed. I have learned that when
conduct of this sort isn't corrected, then by default it is condoned, and it becomes
unofficial policy. When I determined there were severe issues that hurt more than just
me, and I determined that my supervision apparently lacked the character to correct the
situation, I knew that duty fell to me. I still felt I could accomplish this duty without
embarrassing my supervision, bringing shame on our agency, or creating a fatal flaw in
our investigation.

Initially, I felt I could simply mentor and properly influence my supervision to do the
right thing. Time and time again, I urged my supervision to correct actions and counsel
individuals who participate in conduct damaging to our agency and possibly destructive
to the integrity of our case or future investigations. I attempted to urge my supervision to
report certain information to senior BLM management and the U.S. Attorney's
Office. Note: Evidence ofsome of this offensive conduct is potentially available through
Freedom of Information Act (FOJA) requests and subject to a Litigation Hold, may be
considered Exculpatory Material in trial discovery process, and may be subject to federal
records protections. Additional(v, in many instances, I can provide evidence, identify the
location of evidence and identify witnesses.

Ultimately, in addition to discovering crimes likely committed by those targeted in the


investigation, I found that likely a BLM Special Agent-in-Charge recklessly and against
advisement from the U.S. Attorney's Office and apparent direction from the BLM
Deputy Director set in motion a chain of events that nearly resulted in an American
tragedy and mass loss oflife. Additionally, I determined that reckless and unprofessional
conduct within BLM Law Enforcement supervisory staff was apparently widespread,
widely known and even likely "covered up.'' I also found that in virtually every case,
BLM senior law enforcement management knew of the suspected issues with this BLM
SAC, but were either too afraid of retaliation, or lacked the character to report and/or
correct the suspected issues.

Note: This entire document was constructed without the aid ofmy original notes due to
their seizure by a BLM Assistant Special Agent-in-Charge outside of my presence and
without my knowledge or permission. Additionally, I was aggressively questioned
regarding the belief that I may have audio recorded BLM OLES management regarding
their answers concerning this and other issues. All dates, times, and quotes are
approximate and made to the best qf my ability and memory. I'm sure there are more
noteworthy items that I can't recall at the time I constructed this document. Also
Note: The other likely report worthy items were seized from me on February 18, 2017,
and are believed to be in the possession ofa BLM ASAC. I recommend these items be
safeguarded and reviewed.

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As the case agent/lead investigator for the DOI in the Cliven Bundy investigation out of
the District of Nevada, I became aware of a great number of instances when senior BLM
OLES leadership were likely involved in Gross Mismanagement and Abuse of
Authority (which may have posed a substantial and specific threat to employee and
public safety as well as wrongfully denied the public Constitutionally protected
rights). The BLM OLES leadership and others may have also violated Merit System
Principles (Fair/Equitable Treatment, High Standards of Conduct, Failing to Manage
Employee Performance by Failing to Address Poor Perfonnance and Unprofessional
Conduct, Potential Unjust Political Influence, and Whistleblower Retaliation),
Prohibited Personnel Practices (Retaliation Against Whistleblowers, Retaliation
Against Employees that Exercise Their Rights, Violation of Rules that Support the Merit
System Principles, Enforcement of Policies (unwritten) that Don't Allow
Whistleblo~ing), Ethics Rules (Putting Forth an Honest Effort in the Performance of
Duties, the Obligation to Disclose Waste, Fraud, Abuse, and Corruption, Endeavoring to
Avoid Any Action that Creates the Appearance that there is a Violation of the Law, and
Standards of Ethical Conduct for Employees), BLM OLES Code of Conduct (Faithfully
Striving to Abide by all Laws, Rules, Regulations, and Customs Governing the
Performance of Duties, Potentially Violating Laws and Regulations in a Unique Position
of High Pubic Trust and Integrity of Profession and Confidence of the Public, Peers,
Supervisors, and Society in General, Knowingly Committing Acts in the Conduct of
Official Business and/or in Personal Life that Subjects the Department of Interior to
Public Censure and/or Adverse Criticism, Conducting all Investigations and Law
Enforcement Functions Impartia1ly and Thoroughly and Reporting the Results Thereof
Fully, Objectively, and Accurately, and Potentially Using Greater Force than Necessary
in Accomplishing the Mission of the Department), BLM Values (To serve with honesty,
integrity, accountability, respect, courage and comniitment to make a difference), BLM
Guiding Principles (to respect, value, and support our employees. To pursue excellence
in business practices, improve accountability to our stake holders and deliver better
service to our customers), BLM OLES General Order 38 (Internal Affairs
Investigations), Departmental and Agency Policies (BLM Director Neil Komze Policy
on Equal Opportunity and the Prevention of Harassment dated January 19, 2016, DOI
Secretary Sally Jewell Policy on Promoting an Ethical Culture dated June 15, 2016, DOI
Secretary Sally Jewell Policy on Equal Opportunity in the Workplace dated September
14, 2016, DOI Deputy Secretary oflnterior Michael Connor Policy on Workplace
Conduct dated October 4, 2016, DOI Secretary Ryan Zinke Policy on Strengthening the
Department's Ethical Culture dated March 2, 2017, DOI Secretary Ryan Zinke Policy on
Harassment dated April 12, 2017, Memorandum dated December 12, 2013, from Acting
DOI Deputy Assistant Secretary for Human Capital and Diversity Mary F. Pletcher titled
"The Whistleblower Protection Enhancement Act of 2012 and Non-Disclosure Policies,
Forms, Agreements, and Acknowledgements, Email Guidance by Deputy Secretary of
Interior David Bernhardt titled "Month One Message," dated August 1, 20 l 7, Email
Guidance by Deputy Secretary of Interior David Bernhardt titled "Month Two Message,"
dated September 22, 2017, BLM Acting Deputy Director of Operations John R.uhs
guidance contained in an Email titled "Thank You for Making a Difference," dated
September 29, 2017, which referenced BLM Values and Guiding Principles, BLM/DOI
Email and Computer Ethical Rules of Behavior, BLM "Zero Tolerance" Policy
Regarding Inappropriate Use of the Internet, 18 USC 1663 Protection of Public Records
16
Case 1:18-cv-00162-SPW-TJC Document 1-3 Filed 11/13/18 Page 18 of 19

and Documents, 18 USC 4 Mispriso~ of a Felony, 18 USC 1519 Destruction, Alteration,


or Falsification of Records in Federal Investigations, 18 USC 241 Conspiracy Against
Rights, 18 USC 242 Deprivation of Rights Under Color of Law, 43 USC 1733 (c) (1)
Federal Land Policy Management Act, 43 USC 315 (a) Taylor Grazing Act, 5 USC 2302
Wbistleblower Protections-Prohibited Personnel Practices/Whistleblower
Protection/Enhancement Acts, 5 CFR 2635 Gifts Between Employees, 5 USC 7211
Employees Rights to Petition Congress, and Public Law 112-199 of November 27, 2012.

Additionally, the BLM Criminal Investigator/Special Agent Position Description


(LE140) in part states the following: "Comprehensive and professional knowledge of the
laws, rules, and regulations which govern the protection of public lands under jurisdiction
of the Bureau of land Management, and their applicability on a national basis,"(under
Factor 1, Knowledge Required by the Position), "Knowledge of the various methods,
procedures, and techniques applicable to complex investigations and other law
enforcement activities required in the protection of natural resources on public land. The
applicable methods, procedures, and techniques selected require a high degree of
judgement that recognizes sensitivity to the violations, as alleged; discretion in the
manner that evidence and facts are developed, and an awareness of all ramifications of a
criminal investigation. The incumbent must have the ability to establish the
interrelationship of facts and evidence and to present findings in reports that are clear,
concise, accurate, and timely submitted for appropriate review and action." (under Fa_ctor
1, Knowledge Required by the Position), "Comprehensive knowledge of current and
present court decisions, criminal rules of evidence, constitutional law, and court
procedures to be followed in criminal matters, formal hearings and administrative matters
in order to apply court and constitutional requirements during the conduct of an
investigation and to effectively testify on behalf of the Government." (under Factor 1,
Knowledge Required by the Position), "great discretion must be taken to avoid
entrapment of suspects and to protect the integrity of the investigation" (under Factor 4,
Complexity), and "The incumbent must be able to safely utilize firearms .... " (Factor 8,
Physical Demands)

Please also note the potential Constitutional issues regarding "religious tests," search and
seizure, and speech/assembly protections.

Please further note the following Rules of Criminal Procedure/Evidence: Memorandum


of Department Prosecutors dated January 4, 2010, from David W. Ogden to the Deputy
Attorney General, Rule ] 6, 18 USC 3500-the Jencks Act, the Brady Rule, Giglio, U.S.
Attorney's Manuel 9-5.001 Policy Regarding Disclosure of Exculpatory and
Impeachment Information, 9-5. 100 Policy Regarding the Disclosure to Prosecutors of
Potential Impeachment Information Concerning Law Enforcement Agency Witnesses,
American Bar Association Standards 3-1.2 The Function of the Prosecutor, 3-2.8
Relations with the Courts and Bar, 3-3 .1 Conflict of Interest, 3-3 .11 Disclosure of
Evidence by the Prosecutor, 3-5.6 Presentation of Evidence, and 3-6.2 Information
Relevant to Sentencing.

Case Details: 2-year/10-month case, approximately 570 DOI Exhibits/Follow-on Turn-


in Items, approximately 508 DOI Identified Individuals-19 Defendants
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Case 1:18-cv-00162-SPW-TJC Document 1-3 Filed 11/13/18 Page 19 of 19

Employee Experience: Almost 14 Years as a Federal and State Law Enforcement


Officer, Tactical Team Member, State Field Training Officer, Federal and State Law
Enforcement Instructor, 10 Years as a United States Marine Infantry Officer/Enlisted
Infantryman (7 Active-Captain, 3+Reserve Sergeant), Personally managed in excess of
330 individuals and intimately led over 50 individuals, organized and managed law
enforcement investigative and raid operations for more than 100 participants. Conducted
official sworn statements and testimony several hundred times.

Relevant Employee Awards: Directors A ward at the Federal Law Enforcement Trnining
Center (FLETC), DEA Surveillance Leader Award, $5,000.00 and $500.00 DEA
Pcrfonnancc Cash Awards, Department of Justice (DOJ)/DEA Superior Service Award
for the designated priority and organ1zed crime investigation in the Division, FLETC
"Most Wanted" Officer Award, 2015 $1,000.00 BLM Performance Cash Award, 2015
BLM 16 Hour Time Off Performance Award, 2016 BLM Special Agent of the Year
Nomination, 2016 DOI Honor Award for Superior Service, 2016 $5,000.00 BLM Cash
Performance Award, 2016 Letter of Appreciation, 2016 Additional $1,000.00 BLM Cash
Award, Glock Pistol Award, and a Knife Gift.
*l was told my supervision was again putting me in for "Agent of the Year" and as
recently as 2/13/2017 was told "I want you to know what a great joh you arc doing."

Employee Conduct: professional, takes initiative, eager to work hard and accept
additional responsibilities, does not jump the chain of command, respectful and polite
with a "can do" attitude, and does not use disrespectful or unprofessional language. Per
my fiscal year (FY) evaluations on my Employee Performance Appraisal Plans, I have
been rated as an Exceptional/Superior Employee. Additionally, I have never been the
subject of a disciplinary measure, instead I was consistently the subject of praise and
appreciation.

Thank you. Please let me know when you have questions. I can go through each
incident and reference the available evidence/corroborating information, identify the
subject of the disclosure and identify any witnesses

Sent from my Verizon Wireless 4G LTE smurtphone

18
Case 1:18-cv-00162-SPW-TJC Document 1-4 Filed 11/13/18 Page 1 of 3
United States Department
Case 1:18-cv-00162-SPW-TJC of the
Document 1-4 Interior
Filed 11/13/18 Page 2 of 3

OFi:ICI:: OF HIE SOLICITOR


Washin!!hln. D.C 20240

If\ Rl'l'l Y IHFFII JI).


App~al No. 20111·111~
September 19, 2018
Christopher Kortlander
Town Hall, P.O. Box 200
Garryowen, MT 59031

Dear Mr. Kortlander:

This responds to the September 4, 2018, letter that you sent to the Bureau of Land Management's ("BLM'')
Montana State Oilice {"BLM-MT") regarding your undated Freedom oflnformation Act ("FOIA") request
that generally seeks documents "concerning the investigation or prosecution of' an individual whom you
identified by name. You note in your letter to the BLM-MT that "it has now been at least 317 days ... since
the original submission [of your FOIA request] in October 2017" and "'it appears that the processing window
has passed." You state. "[t]his delay is unreasonable and unacceptable. Therefore, this appeal is submitted:
That the above referenced FOIA request be processed immediately."

Because you stated in your September 4, 2018, letter that you are intending to file a FOlA appeal with the
Department of the interior ("Department") regarding the delay in BLM-Mrs response to your FOJA
request I the De1)artment has accepted this matter for processing as an appeal and assigned it as Appeal
Number 2018-185.

As an initial matter, please note that the BLM-MT's long-time FOIA Coordinator recently retired, which
regrettably, has left the oilice with an extremely and unusually heavy workload and backlog of FOIA
requests. To assist in resolving this, the BLM-MT recently hired a highly skilled, BLM FOJA veteran to
fill the position and she is working diligently to tackle all of the FOIA requests (including yours) in the
onice's backlog.

Having noted that, please be aware that there arc currently lO FOIA requests pending in BLM-MT's
.. complex" processing track 2 ahead of yours, another eight pending in its "normal" processing track, and
some voluminous FOIA requests that have become the subject oflitigation that the new FOIA Coordinator's
omce is also responsible for handling. Since the BLM-MT processes FOlA requests in the order in which
they are received, it has advised that once it completes the processing of the FOIA requests in its office that
are pending ahead of yours, it will then begin irs processing of your request. To be sure, by copy of this
letter, the BJ.,M-MT is directed to:

}" Advise the Appellant as soon as possible whether it will comply with his FOIA request
and make a determination on the release of any responsive documents it locates as soon
as practicable.

1
5 U.S. C § 552(a}(6)(A)(i) (requiring an agency to dclcrminc within 20 workdays after the receipt of a FOIA request
whether it will comply with such a request).
~ Bureaus wilhin the Department use "processing tracks to distinguish simple requests from more complex ones on
the basis of the eslimated number of workdays needed to process the request." 43 C.F.R. § 2.J5(a). See also 43
C.F.R. § 2. /5(c)(JJ-(4J (discussing the different processing tracks}: 43 C.F.R. § 2. 70 {defining "Multitraek
processing" as ''placing simple requests. requiring relatively minimal review, in one processing track and more
voluminous and complex requests in one or more other tracks:').
Christopher Kortlander
FOIA Appeal No. 2018-185
Case 1:18-cv-00162-SPW-TJC Document 1-4 Filed 11/13/18 Page 3 of 3
Page 2 of2

While it is regrettable that the BLM-MT has nol yet completed its processing of your FOIA request, please
be assured that it is processing this matter as quickly as it can. However, since the BLM-MT has not
completed its processing of, and response to, the FOIA request. you may treat the continued delay in
responding to you as a denial of the FOIA request and seek judicial review under 5 § (a)(4)(B).
However, we hope that you will delay filing a lawsuit so that the BLM-MT can complete its processing of
this matter.

If you wish to discuss the progress the BLM-MT is making in completing its processing of your FOIA
request, you may contact its new FOIA Coordinator, Sally Sheeks, at (406) 896-5 l 57 or the BLM's FOIA
Officer and Public Liaison, Ryan Witt, at (202) 912-7562.

This completes the Department's response to your appeal. If you have any questions regarding this letter,
please call the FOIA Appeals Office at 208-5339,

Sincerely,

Darrell
FOIA & Privacy Act Appeals Officer
Department of the Interior

cc: BLM FOIA Officer


BLM-MT FOIA Coordinator (FOR ACTION)
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 1 of 57
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 2 of 57

June 29, 2012

We are writing as you have previously shown an interest in investigating


malfeasance within the federal government. We implore you to act on our
entreaties and file a Freedom of Information Act (FOIA), request with the
Department of Interior, Office of the Inspector General (DOI-01O) for access to
their voluminous Reports of Investigation concerning misconduct issues within the
ranks of the Special Agents of the United States Fish and Wildlife
Service's (FWS) Office of Law Enforcement (OLE). These allegations of
misconduct are of a continuation and multigenerational period of time outlining
both the corruption and the lack of ethics within the OLE, in part because nepotism
and cronyism are so
rampant.

In 1998, the Public Employees for Environmental Responsibility (PEER)


published a Survey titled: US. Fish & Wildlife Law Enforcement Survey
(http://www.peer.orgifederalifederal_info.php?row_id=l0. The Survey can be
best summarized, The FWS-LE reached a high point under Chief Clark Bavin 's
leadership - its been on a logarithmic decline ever since.

On February 13, 2007, the DOI-OIG released a report, which was titled U.S.
Fish and Wildlife Office of Law Enforcement (http://www.doioig.govireport-
database) (PI-EV-FWS-0003-2006). In part the DOT OIG report disclosed the
following: Our review discovered weaknesses in the core areas of leadership and
oversight, contributing to a general mistrust of senior management. We found a
lack of effective communication between FWS-OLE headquarters and the field,
which has created a perception that there is a wall between management and field
personnel. Throughout our assessment, concerns were raised about the
organization's culture of ethics and integrity. We also found weaknesses in internal
affairs policy, and when reviewing internal affairs cases we discovered problems
with investigative independence. Decentralized management of disciplinary action
has created inconsistencies, resulting in agent frustration. In addition. management
has not always carried out disciplinary action in a timely manner.

Not taking into consideration OLE administrative personal, wildlife


inspectors or refuge law enforcement officers, the report disclosed that within a
three year period alone, the allegations had been sustained against

1
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 3 of 57

seventeen of twenty-eight OLE Special Agents. A rather high


statistic considering there are only approximately 200 OLE Special Agents.

In the aforementioned report the DOI-OIG concluded the OLE is a


Leaderless Program in Decline and Prosecutions Drop
(http://www.peer.org/news/news id.php?row id825). In an early test of
the new law strengthening the FOIA, PEER sued the DOI OIG to force
release of the documents behind its recent investigation of declining law
enforcement within the OLE. According to FWS agents who cooperated
with the DOI 01 G, they submitted statements and records detailing high-
level corruption and obstruction of enforcement that were not included, or
even alluded to, in the final report.

According to the DOI-OIG the OLE is in deep trouble but the DOI-OIG
fails to specify why or what should be done about it, stated PEER staff
attorney Adam Draper, who filed the suit. "We are going to put on the
record what the Inspector General kept closeted." In a response to PEER's
request, the DOL OIG wrote to PEER and stated that it would be "unable to
respond to your request within the time limits established by FOIA due to a
backlog of requests and other unforeseen circumstances."

After receiving no update or indication as to when the DOI-OIG


intended to respond, appealed the delay to the Interior Office of Solicitor, a
step required before filing suit. In a letter dated January 4, 2008, the
Interior Solicitor's Office indicated that it, too, would not make "a
determination on your appeal within the time limits set in FOIA ... " "The
DOI-OIG is supposed to police legal compliance by other Interior agencies
yet routinely flouts laws that apply to it," added Draper, noting that the new
FOIA legislation signed by President Bush on New Year's Eve is designed
to put more emphasis on agencies meeting time limits for handling record
requests and holding officials accountable for 'arbitrary and capricious."

In the April 2009 Semiannual Report to Congress, the DOI-OIG


reported an investigation that was initiated after a complaint by an Assistant
United States Attorney (AUSA) in Abingdon, VA. The AUSA reported
the former FWS-OLE Special Agent Kelly Holland might have stolen
evidence that pertained to a federal/state investigation. Additionally, the
AUSA informed the OIG that the agent gave false testimony to his former
supervisor, as well as during Grand Jury Testimony.

2
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 4 of 57

On February 4, 2009, Holland was convicted of obstructing justice and


possession of a stolen firearm. On June 1, 2009, Holland was sentenced to 36
months probation and fined $5,000.

The DO 1-01 G initiated an investigation upon receipt of a complaint that a


U.S. Park Police Sako rifle reported stolen several years ago, had been located by
the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) at a pawnshop
in Georgia. The pawnshop records indicated that Paul Henry, a retired National
Park Service Special Agent in Charge (SAC) had pawned the rifle. The DOI-
OIG investigation concluded that during Henry's tenure at the Federal Law
Enforcement Training Center, he stole a Sako rifle, a Browning rifle, and fifteen
Sig Sauer ammunition magazines. On March 2, 2009, Henry pled guilty to theft
and was sentenced to 30 days of home confinement, 2 years of probation, and a
fine of $750.

Who investigates the DOE OIG when they have miserably failed to rein in
the decade long run of misconduct by OLE Special Agents? Why does the DOI-
0lG allow their employee (SAC) Toomey who resides in Greencastle, PA to
work out of the National Conservation Training Center (NCTC) (698
Conservation Way, Shepherdstown, WV) when he should be working at
headquarters some 85 miles away from Greencastle, PA?

Why did the OIG fail to criminally prosecute the more egregious
violations of OLE Deputy Chief Thomas "Butch" Riley when they
criminally prosecuted OLE Special Agent Kelly Holland and National Park
Service SAC Paul Henry for lesser infractions?

The recent scandal at the General Services Administration pales in the face
the tens of millions of dollars that the FWS and the OLE
misappropriates year after year. The responsible Special Agents should
immediately be terminated or forced to resign. OLE Special Agents are aware
lawmakers are merely focusing on travel, conferences and training expenditures.
Rather OLE Special Agents are siphoning public funds undetected through
nepotism, grade inflation/promotions (to circumvent the current two year pay scale
freeze), government take-home vehicles and government moves to a retirement
destination of their choosing.

Clearly the OLE requires more rigorous oversight by the DOI-0IG. The
implicated Special Agents should lose their jobs because their behavior would cost
them the security clearances need to work for the OLE.

3
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 5 of 57

If Congress were serious about cutting five thousand employees from the
roles of the DO! a good place to start would be to eliminate the corrupt employees
within the OLE. The OLE is composed of highly inexperienced leaders who have
never benefited from developmental roles in a variety of multidisciplinary field
assignments or personality assessments. OLE managers lack the vision or
strategy to protect critical wildlife resources in the 21 Century. The OLE
lacks a comprehensive supervisory and leadership programs to evaluate
the personality and ethical defects of the ranks of the OLE Special Agents.

We attribute the OLE failures primarily due to the lack of dedication and
capabilities of the Special Agents. The OLE fosters an environment based on
exclusion and disengagement, which punishes Special Agents who speak out.

The FWS as an agency has more money than it needs. How else can you
explain why the FWS is the only federal agency that has two separate law
enforcement divisions with separate and redundant budgets/supervisors? The OLE
is comprised of some 225 plain clothes Special Agents (job classification series
Grade Series 1811) who are supervised by William C. Woody, Chief OLE.
The 2012 budget request for the OLE was $62,634,000 and 272 FTEs,
which is a net program change of -$1,860,000 and 9 FTEs from the 2010
Enacted/201 I annualized Continuing Resolution. The 270 full-time and 130
dual function uniformed Refuge Law Enforcement Officers (job
classification series GL- 180 1_) are supervised by Jim Hall, Chief, Division of
Refuge Law Enforcement, had a20 12 budget request of $37,558,000.

Every federal land management agency (Bureau of Land Management,


National Park Service, National Forest Service) have Special Agents and
uniformed Law Enforcement Officers that are unified under a single command
structure and a single law enforcement policy. That is not the case with the
FWS law enforcement program(s).

OLE Special Agents and U.S. Fish and Refuge Law Enforcement Officers
have two entirely separate command structures, law enforcement policies and
strategic plans. Both command structures operate separate from one another and
don't complement one another. This results in cost inefficiencies when both
command structures require personnel at the Federal Law Enforcement
Training Center in Brunswick. GA or at

4
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 6 of 57

Headquarters in Arlington, VA. The differences in a bifurcated law


enforcement program results in conflicting enforcement practices being
directed at the public and in protection of the resource. The acquisition of
different types of firearms, ammunition, defensive equipment and the
instillation of different types of emergency police and safety equipment
in government assigned vehicles and vessels can have devastating consequences.

William C. Woody has been Chief OLE since March 2011.


Confusing is probably the best word to describe Woody's appointment.
The honest and ethical members of the OLE eagerly wanted to embrace
him as this new town sheriff hired to clean up an organization that had
turned into Animal House under his predecessors. However, this is not
the case and he is following in the footsteps of his corrupt predecessors -
Chief Benito A. Perez, Chief Kevin Adams, Chief Thomas L. Striegler,
Deputy Chief Thomas "Butch" Riley, Deputy Chief Gary Mowad and
SAC Training & Inspection Monty Halcomb (resigned in 2000 for having
pornography material on his government computer).

With the Government Service Administration (GSA) spending


scandal and the U.S. Secret Service still fresh on the minds of the
taxpayer Woody just doesn't get it. In little over a year he's taken
multiple trips (weeks on end) throughout the United States and Hawaii as
one extended victory lap/vacation on the government doll in furtherance of
gaining subsequent employment in the private sector.

There should be outrage at the overwhelming scope of wrongdoing


by the OLE and their culture of excess in violation of government policies.
Someone needs to start turning over stones to see all the kinds of things
crawling out. Can someone explain why it was necessary for Woody to
meet with some fossilized Special Agent retirees in New Orleans, LA on
April 4, 2012? Was it his wife's birthday or did he need to place some
bets at Harrah's in the French Quarter?

Once again following the script of the corrupt GSA managers at this
writing Woody is scheduling a July 2012 trip (with his family??) to the
Big Island of Hawaii to attend the Western States Conference of FWS
managers from other divisions and for subsequent travel to the U.S. Trust
Territories of the South Pacific. What is the OLE nexus to these Divisions
and why couldn't a midlevel supervisory OLE Special Agent domiciled in Hawaii

5
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 7 of 57

attend instead? Instead of expensing $10,000 +1-, is the agenda of this


conference so time sensitive that Hall, Woody's counterpart couldn't brief Woody
at headquarters?

Woody is a seasoned Senior Executive Service member who is expected


to display the highest standards and common sense, and prudent financial
management, yet does neither.

OLE policy mandates that allegations of misconduct be forwarded to the


DOI-OIG for investigation. If you are interested in substantiating these
allegations we urge you to examine OLE personnel records, travel records,
expense reports, and compel Special Agents to testify.

Previously reported employee misconduct by Wildlife Inspectors (WI)


Steven Hamilton (Drug Use), Tracy Reed (Absent Without Leave) and Andrew
Steelman (Embezzlement) and OLE Special Agents have either not been
investigated or the disciplinary decisions are disparate for similar infractions,
thereby affecting moral agency-wide.

Moral is so far tilted to the nadir that OLE personnel hope the OLE is
absorbed into any other land management agency (i.e. National Park
Service/National Marine Fisheries) but not the Bureau of Land Management, due
to Woody's mismanagement issues there. If agencies can be merged into the
Department of Homeland Security, why can't it happen to the OLE?

Recently, for the aforementioned reasons, more than four-dozen WI


created/joined the AFGE Wildlife Inspector Bargaining Unit, New York Local
2103; (516.640.0169). At this writing, additional bargaining units are being
created in throughout the United States.

With the implementation of direct-line authority, the OLE unified its


command structure, centralizing most of its administrative functions at the
headquarters level. Despite this change in structure the regions continue to
operate by the seven Regional SAC known as the Seven Kingdoms with
autonomy from headquarters oversight.

Although the seven SAC meet quarterly their conferences lack


management feedback to the field, are of questionably benefit and drain the
agency's budget. On the other hand the Circle of Seven escape the summer
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 8 of 57

heat/winter chills while collecting hotel points and frequent flyer mileage for
personal use. The Circle of Seven are comprise of the Following SACs:

Region One: Paul Chang - Portland, OR


Region Two: Nicholas Chavez - Albuquerque, NM
Region Three: Gregory Jackson - Fort Snelling, MN
Region Four: Luis Santiago - Atlanta, GA
Region Five: Salvatore Amato - Hadley, MA Region
Six: Steven Oberholtzer - Denver, CO Region Seven:
Stan Pruszenski - Anchorage, AK

The OLE Directory can be found at: http://www.fws.gov/offices/directory/

The Circle of Seven in conjunction with the Chief, Deputy Chief, and the
Division Chief, are the entities that are responsible for establishing written law
enforcement policy and for recruiting new Special Agents.

The Circle of Seven and virtually all the current Special Agents and first line
supervisory Resident Agents in Charge (RAC) were hired by either former
Striegler, Adams, Perez, Riley, Mowad or Halcomb. These managers
displayed their own character flaws front and center to the OLE, thereby leaving an
indelible mark on the moral compass of the OLE Special Agents who have blindly
followed in their predecessors' footsteps; further promoting delinquency, at the
expense of the public and the resource.

Records will disclose that the Circle of Seven promoted themselves and their
cronies despite their apparent lack of credentials and lack of ethics. The Circle of
Seven demands their payments in a retirement that is a King's Ransom. Their
average annual salary is $150,000 plus and when you add the benefits of
medical, retirement, moving payments and car allowance it exceeds $200,000 per
year. Many are merely high school graduates with a General Education
Development Certificate (GED). They are greedy chiselers who game the system
and walk away with a Kings Ransom of a retirement.

The Circle of Seven lacks commitment in the face of ordinary hardships and
duties. They contrive domestic and international government travel (using Official
United Sates Passports) to go on personal vacations, safaris, or hunting trips with
friends/family, using government cell phones, vehicles, planes and credit cards.

i
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 9 of 57

The Circle of Seven and the seven Assistant Special Agents in Charge
(ASAC) form the inner sanctum. They are followed by self-anointed
Resident Agents in Charge (RAC). The income of these highly paid managers is
greater than 95% of the governors, federal judges and even three star generals.
Many merely have a GED and an even higher percentage of Special Agents
have never conducted a felony investigation, testified before a federal grand
jury or even made an arrest.

The Circle of Seven's credibility is like a carton of sour milk: once you
take your first sip, you don't have to drink the rest to know its all gone bad.

The Circle of Seven adheres to the Ten Commandments, more specifically


the Eleventh Commandment, 'Don't Get Caught" or "We Don't Pay Nanny
Taxes". The Circle of Seven are incapable of making a fortune in the private
sector. They loathe to feed their families from money made as a bureaucrat.
Rather they compromise their ethics and use their positions to inflate their grades,
assign themselves government vehicles to commute to work, travel and move at
government expense whenever and wherever they want.

Since all OLE Special Agents are recognized for their prowess in the art
of obfuscation and Omerta, we assert the below listed allegations are merely the
tip of the iceberg. It is anticipated that the compelled testimony of the below
listed OLE Special Agents and others unnamed employees, coupled with the
examination of OLE records (i.e. rosters, pay records and move/travel records)
would disclose addition widespread abuses within the OLE.

Contrary to current arguments by the Circle of Seven, the egregious


misconduct outlined in the prior PEER and the DOI-OIG reports, these former
episodes aren't an aberration. If lawmakers would take a deeper look at the OLE
records and interview OLE employees the effort would conclude that the OLE has
a systematic problems with integrity, misconduct issues due to a growing
attitude amongst ambitious OLE managers that they are but elite and due
entitlement. The root cause of misconduct is based upon nepotism and hiring and
promoting individuals who are inept, dishonest and corrupt.
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 10 of 57

The Good Old Boy Network- Who Will Break the Cycle of Nepotism

The gneiss of the problem within the OLE lies within the singular act of
nepotism and the Good Old Boy Network (Friends and Family Discount). Such
patronage and favoritism within the OLE is pervasive and spans the breath of
decades and generations. If one is so fortunate to fall into one of the two
aforementioned categories it is like having a Five or Ten Point Veterans
Preference, throughout ones career in the OLE.

What's the unemployment rate for friends and relative of OLE Special
Agents? Zero despite having a GED, questionable work ethics or character issues,
there is always a six figure job awaiting.

The OLE attracts a perfunctory workforce from world-class high schools,


through cronyism and nepotism. Nepotism and cronyism provides an atmosphere
of exclusion and disengagement amongst the workforce. Moreover, Special Agents
within the clique are bestowed preferential treatment throughout ones career within
the OLE with respect to: monetary awards, promotions, transfers to choice
geographic duty stations and domestic/international travel/training assignments, at
the expense of the outsiders. Those within the Good Old Boy Network are
emboldened and act in a manner of entitlement and pity those who question their
authority.

The Circle of Seven also hires their relatives and friends as WI and Special
Agents through the Service's college internship program known as the Student
Career Experience Program (SCEP), which is administered through USA-JOBS.
The Circle of Seven are gaming the system by preselecting their relatives and
friends by alerting them to the potential vacancies in advance and withholding
said information from the general public and the Veterans Administration.

The Circle of Seven further rig the system by posting the


announcements for limited time duration and for undesirable duty stations in urban
areas such as Detroit, MI, when in fact the applicant (relatives and friends) will be
immediately transferred to a more desirable duty station such as Missoula, MT
once the applicant completes their training.

The union took action against Amato (Hadley, MA - 413.253.8459) for


creating two new interns in Region 5, who once complete their internship
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 11 of 57

were "appointed non-competitively" to WI for a period of time, until which time


they will be promoted to become Special Agents.

As an aside an incumbent WI in Region 5, who wished to transfer to Boston


had applied for one of the new WI intern positions but did not get the position and
then later applied as an evidence custodian and again did not get the position.
Apparently the incumbent WI learned the applicants for the two newly created WI
intern positions were friends of Amato, who was the only person who
interviewed the applicants. Amato selected his two applicant friends for WI
intern positions, which were never posted on USA- JOBS and as far as anyone has
been able to determine, nor never posted publicly anywhere.

When the WI learned of the two newly created WI positions a second


incumbent WI asked RAC David Sykes (Chelsea. MA- 617.889.6616) if Sykes
could post the position on their college alumni website. However, Sykes indicated
he and Amato already knew what college the applications where coming from.
These two interns will become career federal employees and ultimately
promoted to Special Agents and thereby bypassing the formal competitive vetting
process for employment with the federal government.

If you as an OLE Special Agent have been hired either through the path of
nepotism or the Good Old Boy Network you are supposed to pay the gift forward to
the next generation.

The following are but a few of the more blatant examples of nepotism within
the OLE. It is difficult to quantify the full extent of nepotism because numerous
second and third generation OLE employees have different last names, as they are
using their married name, maiden names or are nieces, nephews, cousins, friends
etc. At a minimum the DOI-OIG should he a party to the selection process of all
future OLE applicants and the DOI-OIG needs to establish the relationship of the
applicant to the current OLE staff.

Carol Adams (retired - FWS National Conservation Training Center


(NCTC) (Shepherdstown, WV): Wife of retired OLE Chief Kevin Adams.

Special Agent Richard Branzell (Missoula, MT - 406.329.3900): Son of


retired OLE Resident Agent in Charge Richard Branzell Sr. (Reno, NV).

10
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 12 of 57

Special Agent Christopher Brong (retired): Husband of retired BLM State


Director Elaine Marquis-Brong (Oregon and Washington). Sometime in 1994
Brong then a SAC for the BLM was forced out of the agency for misconduct issues.
However because his wife was the BLM Associate State Director for California, the
OLE was forced to hire Christopher Brong in Sacramento. CA.

In 2001, when Brong's wife was promoted Director, National Landscape


Conservation System, Bureau of Land Management in Washington, DC, the
OLE created a brand new duty station for Brong to work at in Annapolis, MD.

Once again in 2004, when Elaine Marquis-Brong was promoted to become


the BLM State Director in Portland, OR for the states of Oregon and Washington,
the OLE created a position for Brong in Willsonville. OR. As this was to become
the couple's retirement home, they purchased a home in Washougal, WA in order to
avoid paying Oregon Income tax, upon retiring.

No matter that Washougal, WA was some forty-five mile from the


Willsonville RAC Office, Brong was assigned a government take home vehicle
and he commuted on government time. As a final good will gesture a short time
later in 2005, Chang promoted Brong as the GS-13 RAC Willsonville, OR in order
to increase Brong's retirement annuity when he retired in April 2006.

Special Agent Matthew Bryant (Edmond, OK -405.715.0617): Son of


Alligator River National Wildlife Refuge Manager Mike Bryant (252.473.1131).
As a married refuge officer Matthew Brant used government vehicles/facilities to
conduct an affair with an under aged high school girl. On the occasions Special
Agent Bryant travels on official government business he routinely goes tomcatting
about to have an extramarital fling. He has also been a subject of an OIG
investigation regarding a firearm.

Special Agent Elizabeth Darling (Rocky Mountain Arsenal, Commerce


City, CO - 303.287.2110) Relative of Jay Norwood "Ding" Darling, the
namesake of the Ding Darling National Wildlife Refuge.

RAC Erin Dean (Torrance, CA - 310.328.1516): Niece of a former


FWS Director. If you have any doubt that Dean is working a half dozen

11
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 13 of 57

pay grades over her head, just ask her staff. Dean who is being protected by Chang
will never be forced transferred out of the Torrance, CA office because the
OLE is accommodating her, as husband is a Supervisor Special Agent with the
Immigration and Customs Enforcement (ICE) in Los Angles, CA.

The logical candidate to be considered for the RAC of the Torrance Office
would be Special Agent Edward Newcomer, Jr., a levelheaded gregarious team
leader. But Chang threw Newcomer's application in the circular file because
Newcomer has a law degree.

Similarly SAC Mark Webb tossed Newcomer's application out the window
when he applied to become the RAC for the Branch of Special Operations because
Webb is threatened someone more intelligent than he is. Instead Webb selected Leo
Suazo TI because he has a GED diploma.

RAC George Domenici (retired - Casper. WY): Nephew of Senator Pete


Domenici.

Special Agent James Dowd (Chelsea, MA - 617.889-6616): Son of


retired OLE RAC Christopher Dowd (Chelsea, MA).

Special Agent Kenneth Endress (Annapolis, MD - 410.573.4514): Son


of FWS retired OLE RAC Richard Endress (Lilburn, GA).

Special Agent Jesica Espinoza (Torrance, CA - 310.328.1516):


Daughter of Doctor Edgard Espinoza, Deputy Director National Fish and
Wildlife Forensics Laboratory (541.482.4191). Jesica Espinoza initially worked
at the National Fish and Wildlife Forensics Laboratory and subsequently as an
Investigative Case Specialist at Headquarters.

Senior Special Agent Mary French (Frederick. VA - 540.898.1755) and


Refuge Manger Andrew French: Daughter and Son of former Region Five
Regional Director Jerry French.

RAC Richard Grosz (Bismarck, ND - 701854.34.8 1): Son of retired SAC


Terry Grosz (Evergreen, CO). As a Good Old Boy member, Woody and his
predecessors have violated OPM policy for allowing Grosz who is deaf in one ear
from occupying a law enforcement position because of the medical implications
of being deaf in one ear. As a member of the Good

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Old Boy network he can continue to work and be eligible for a full law
enforcement retirement annuity when he turns fifty in October 2016.

WI Steven Hamilton (resigned - Miami, FL): Son of former FWS


Director Samuel D. Hamilton (DOD: February 10, 2010).

SAC Gregory Jackson (Fort Snelling, MN - 612.713.5320) Jackson's


father was a retired supervisory United States Customs Inspector at International
Falls, MN. Greg Jackson's father was initially able to get him a position as an
inspector with the United States Customs Service and subsequently getting him
hired as a Special Agent with the OLE in 1995. Jackson's brother is currently the
chief inspector for the United States Customs Service at Minneapolis-St. Paul
International Airport.

Special Agent Sean Mann (Sacramento, CA - 916.414.6664): Son of


former RAC Commodore Mann.

Special Agent Victoria Owens (Delaware, OH - 740.368.0137):


Daughter of Special Agent Larry Owens.

Circee Pieters Branch Chief, Planning and Analysis (4401 North Fairfax
Drive, Arlington, VA; 703.358.1949). Pieters was successful in having two of
her daughters hired by the OLE. Although Pieters doesn't have a college degree
she achieved her current GS- 14 job through an ongoing extramarital affair she
had with Striegler.

Refuge Law Enforcement Officer Frank Sims 11 is currently employed at


the Pocosin Lakes NWR (252.796.3004). He is line to be hired as a
Special Agent by the OLE, when the next class is hired in 2013. Sim's
father Frank Simms retired from the OLE in 1997.

WI Andre Steelman (Amherst, NY - 716.691.3635): Son of retired


Supervisory WI Barbra Steelman.

RAC Leo Suazo II (Rocky Mountain Arsenal, Commerce City, CO -


303.287.2110), who has a high school GED, received a Friends and Family
Discount because he was SAC Grosz hunting camp cook.

Chief William C. Woody is the son of Jack B. Woody, the former FWS Chief
of Endangered Species/National Sea Turtle Coordinator (Region

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Two). Jack B. Woody was a highly respected and well-connected manager on


both a regional and national level. William C. Woody on the other hand was on
a rather unspectacular law enforcement career path as a Utah sheriffs
deputy, the Phoenix Police Department and the Utah Highway Patrol. Through his
fathers professional connections William C. Woody initially gained entry to Utah
Department of Natural Resources and later with his father's connections to the
Bureau of Land Management, Office of Law Enforcement and Security

At the Utah Department of Natural Resources Woody supervised the


Natural Resources law enforcement unit, which at the time included his close
friends. Conservation Officer Curtis Graves and Legislative Coordinator Steven
R. Stoinski. Both Graves and Stoinski would later become Special Agents with
the OLE.

On July 7-8,2009, the Office of Personnel Management (OPM) held a


symposium known as The Government-wide Veteran's Recruitment and
Employment Strategic Plan for FY2OJO-FY2012, at of all places at the
FWSNCTC.

The OPM stated that this was America's first strategic plan to increase the
hiring of Veterans throughout the Federal civil service. The OPM explained the
initiative was a major component of President Obama's Veterans Employment
Initiative. The OPM reiterated it's not enough simply to say, "We'll add five or
ten points to your score, thank you for applying. We must aggressively dismantle
barriers to entry and success for Veterans and transitioning service members
pursuing careers in the Federal civil service."

When it comes to the hiring new Special Agents the Circle of Seven just
don't get it. They take the hard-line against hiring five and ten point veterans in
order to discourage them, which would prevent their friends and
family from being hired. During the interview process veterans generally tum
down an offer for employment after being told that they will be
stationed in large/expensive metropolitan cities, such as; Chicago, IL,
Dallas, TX, Miami, FL, Torrance, CA or Valley Stream, NY. Rather a
nepotism applicant is offered a duty station of his/hers choosing.

14
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 16 of 57

Propaganda Investi2ations that Woodv initiated as the Chief of the


BLM

Woody was appointed the Chief of the U.S. Fish and Wildlife Service Office
of Law Enforcement on March 7, 2011.

Woody had been promoting himself to Under Secretaries of the Department


of Interior as Perez' replacement as Perez approached mandatory retirement age of
57 in 2009 (Somehow Perez merely a high school graduate didn't have his
financial house in order and was allowed to work until 2010, at age 59).

Clearly the FWS-OLE Chiefs position is of a higher profile than that of


BLM-OLE Chief. Woody views himself as a world traveler and bon vivant, yet he
lacks the dynastic wealth to do so on his own. The scope of the FWS-OLE
mission is international in scope. It has nexus to Interpol in Lyon, France, the State
Department's International Law Enforcement Academy (ILEA) in Gaborone,
Botswana and the annual CITES conference.

Special Agents are stationed overseas in Bangkok Thailand and the OLE
overseas Endangered Species from Maine to halfway around the world to the
Federated States of Micronesia. Within six weeks of being appointed as the
Chief, in May 2001 Woody went on a to boondoggle to Hawaii following in the
footsteps of his father, looking for marine turtles. Woody's bags are always
packed. Traveling internationally in business class days on end eats up precious
operational OLE funds.

Woody comes off as self-promoting and disingenuous, rather than making


sure that American taxpayers tax dollars are invested wisely. Woody's actions
reinforce negative stereotypes many Americans hold of federal employees as
overpaid, underworked spendthrifts and poor stewards of taxpayer dollars. Woody
intends to hire his BLM cronies who have communications/administration degrees
as OLE vacancies occur.

Woody enjoys being in the limelight. He's the Phineas Taylor Barnum of the
Department of Interior, generating press releases and slick glossy publications
chronicling the enforcement operations of the BLM and the OLE. Rather,
Woody's personal aims through the aforementioned efforts is power and to
eventually put money in his pocket once the new presidential administration comes
into power and he is forced to work in the

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private sector, by currently using precious OLE resources to wrongly pursue high
profile targets.

In order to understand Woody's lack of law enforcement acumen and to


ascertain the type of OLE Chief will be, one merely needs to look at his track
record as the Chief Bureau of Land Management/OLE. Woody always follows the
rubric of going to the press until the guilty are convicted in court.

Rather, Woody should be counseling his OLE Special Agents to obey the
law. Why it is appropriate for many OLE Special Agents to not be paying nanny
taxes for the individuals who are cleaning their houses, their yards or overseeing
they children?

Woody is clearly aware from the aforementioned 2007 DO1-OIG report that
prosecutions within the OLE have taken a precipitous decline so Woody has given
his troops marching orders to be overly aggressive, assertive and to seek the
limelight.

Woody's actions in three below enumerated investigations (Investigation of


Christopher Kortlander dba the Custer Battlefield Museum. Inc .. Operation
Ceberus Action and the investigation of the Henry Juszkiewicz dba Gibson Guitar
Company) has drawn the ire of United States Senator Rand Paul (R-KY) and
countless other politicians and the public alike. Woody has overly zealously
attempted to enforce the Lacey Act by enforcing the letter of the law as apposed to
the sprit of the law. Woody actions in the aforementioned law enforcement
investigations reflects a certain disregard for the established rules of conservation
law enforcement.

In retaliation, Senator Paul introduce the FOCUS Act (SB-2062) which if


enacted would weaken the Lacey Act, one of the oldest and most successful
conservation laws in the country. The FOCUS Act, (Fear from Over
Criminalization & Unjust Seizures) proposes three significant changes to the
Lacey Act, the removal of criminal provisions for the foreign commerce clause as
well as the authority to carry firearms and execute search & arrests warrants.

On Monday March 12, 2012, RAC Aloise (The allegations in a DO1-OIG


investigation of Aloise were sustained). RAC David H. Hubbard (San Antonio,
TX - 210.681.8419) and other Federal Law Enforcement Officers Association
members of the Federal Law Enforcement Officers

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Association (FLEOA) met in Washington DC with United States Senator


Benjamin Cardin (D-MD) and majority and minority staffers from the Senate
Environment & Public Works Committee's subcommittee on Fish, Wildlife &
Water to brief them on the negative impacts of the FOCUS Act.

Did Woody allow Aloise and Hubbard to attend the meeting at on


government time and at government expense in violation of OLE policy? Or did
FLEOA pay for Aloise's and Hubbard's travel expenses and they failed to report
said gifts in violation of 5 USC § 7342? The annual on yearly Executive Branch
Confidential Financial Disclosure Report (Form 450). The report requires the
reporting of, 1. "Travel-related cash reimbursements received from one source
during the reporting period totaling more than $285; 2. Any other gifts totaling
more than $285 from any one source. A "gift" is defined as anything of value, unless
you give something of equal or greater value to the donor. This includes tangible
items and in-kind transportation, food, lodging, and entertainment."

Hubbard was hired by the OLE in 2000. He is currently the President of


the OLE Federal Wildlife Officers Association (FWOA). On December 17,
2011, the Wall Street Journal published an article that was critical of the 2008
OLE investigation of Morgan Mok, Miami, FL (and other OLE
investigations)(http://online.wsj.com/article/SB 1000 l 424052970203518404
57709486 1497383678.html). Hubbard was the case agent and the affiant for the
search warrant.

Hubbard is an aggressive, public seeking agent. Hubbard was also the affiant
in the Gibson Guitar investigation.

In June 2011 Hubbard went to State Department's International Law


Enforcement Academy (ILEA) in Gaborone, Botswana. Did Hubbard report the
gifts he received on his annual on yearly Executive Branch Confidential Financial
Disclosure Report (Form 450).

Investigation of Christopher Kortlander dba the Custer


Battlefield Museum, Inc.: Brian Cornell began his federal law enforcement career
as a patrol Park Ranger with the National Park Service at Lake Mead National
Recreation Area. In 1993 Cornell transferred to the Bureau of Land Management in
Las Vegas where he served as a law enforcement ranger working at the Red Rock
Canyon National Conservation Area.

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In 2000, Woody selected Cornell as a Special Agent with the Bureau of


Land Management in Billings, MT. Following the terror attacks of September
11,2001, Cornell was detailed for six months as a Federal Air Marshal and was
assigned to Seattle, WA.

Despite not having any criminal investigative experience, let alone an


understanding of the esoteric nuances of the Archaeological Resource Protection
Act of 1979 (ARPA), nor an expertise in managing confidential informant(s), in
2003, Woody made Cornell the case agent in a investigation involving Christopher
Kortlander (Garryowen, MT) who was alleged to be illegally trafficking in artifacts.

In 2005, Cornell obtained a search warrant after a year plus


investigation (involving multiple undercover buys) that indicated Kortlander might
be selling property under false claims of historic value. Twenty-four armed federal
agents (armed with automatic weapons) executed a raid of Kortlander's home and
business. Several items were seized. No criminal charges were filed against
Kortlander and no arrests were made.

Kortlander is waging his own battle with authorities to reclaim a trove of


war bonnets, medicine bags and other items seized during government raids on his
privately operated Custer museum.

The raids came during a five-year investigation into Kortlander's alleged


dealings in fraudulent artifacts and eagle feathers in violation of federal law. No
charges were ever filed. The government formerly dropped its investigation in
2009, and most of the items seized during the raids including 7th Cavalry
memorabilia, other American Indian artifacts and thousands of pages of documents -
have since been returned.

Yet the dispute between Kortlander and the government rages on. Sealed
court filings obtained by The Associated Press show the government still holds
22 items, partly on the word of a convicted felon who claimed Kortlander acquired
them illegally. Many contain eagle or migratory bird feathers, which government
attorneys said in court documents renders the items "contraband" under the Bald
Eagle Protection Act and Migratory Bird Treaty Act.

U.S. District Judge Richard Cebull, who is overseeing the case, has
cast doubt on the credibility of the government's witnesses, but also said

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Kortlander must be cross-examined to prove the war bonnets and other items were
lawfully acquired.

Kortlander, argues the government's efforts to hold onto the seized items
stem from a stubborn refusal to admit the raids against him were based on false
assumptions and should never have occurred. Since the raids, Kortlander has waged
an aggressive legal counter-attack, including motions for the return of the
remaining items seized during the raids in 2005 and
2008.

Several related cases already resolved yielded mixed results. Following an


earlier lawsuit by Kortlander, federal courts ordered the government to release
thousands of pages of materials related to the investigation. That included a
decision from the U.S. 9th Circuit Court of Appeals that Kortlander was not
restricted in his use of the investigative materials, overturning an earlier ruling
from Judge Cebull.

Cebull struck down another lawsuit in which Kortlander claimed


government law enforcement agents maliciously pursued him in order to
advance their own careers.

In dismissing the claim, Cehull said the government had "rock-solid"


probable cause to seek a search warrant in the 2008 raid. But the affidavit from
Cornell for the 2008 search of the Custer Battlefield Museum reveals that the
government's case relied in part on statements from a Montana appraiser, James
Brubaker, who said he sold eagle parts and feathers to Kortlander.

Brubaker has since served a federal prison sentence for possession and
interstate transportation of stolen property. Authorities said he travelled the country
stealing rare and valuable books and maps from public libraries and then selling
them on eBay.

Kortlander further learned that Cornell, the affiant on the affidavit for the
search warrant had been previously reprimanded by the Department of Interior.
Inspector General for Program Integrity on May 26, 2005, regarding a matter
wherein Cornell was an affiant for a 2003 search warrant of Dr. Dan Boechler. The
inspector General wrote in part, It is my belief that Agent Cornell 's testimony was
material false.
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 21 of 57

Kortlander contends he never fraudulently or illegally sold battlefield or


Indian artifacts. The feathered artifacts classified by the government as contraband
include items donated or loaned to the museum and personal family heirlooms, he
said.

A former associate who said he was one of the government's


informants in the case disputed Kortlander's claim to innocence. The
informant, Jason Pitsch, has his own credibility issues: He is currently
detained in a Yellowstone County, Mont., jail in on federal child
pornography charges.

Kortlander claims that the investigation and subsequent raids and


forfeitures were motivated by Kortlander's dating Cathy Lingard, the ex-
wife of Lee Lingard, a BLM undercover Special Agent and a former Navy Seal.
Feeling threatened by her ex-husband, she obtained a restraining order against Lee
Lingard. Lee Lingard is currently employed by the Department of Housing and
Urban Development.

Lee Lingard was later transferred off the investigation after


Kortlander complained of harassment to the BLM Office of Inspector
General.

On September 14, 2011, Kortlander sued the government for


$188.000,000. The defendant(s) are the United States of America, the Department
of the Interior, the Bureau of Land Management that was the lead agency in all
matters related to the claim. The U.S. Fish and Wildlife Service worked with the
Bureau of Land Management and the extent of its role is uncertain to the
plaintiffs, however the involvement of the U.S. Fish & Wildlife Service will be
determined in the course of discovery.

In August 2008, Woody rewarded Cornell's bad behavior by promoting


him to the position of Special Agent in Charge, Montana, North Dakota and
South Dakota. A short time later Cornell left the agency and took a demotion to
begin working on June 16, 2009 as a Special Agent for Reclamation's Great
Plains Region.

Operation Ceberus Action: Woody initially hired Special Agent Dan Love
sometime in 2005. Even though Love was an inexperienced field agent
Woody hand picked and assigned Love as the lead case agent on the joint
undercover investigation (code-named Ceberus Action) conduced by

2()
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 22 of 57

the Bureau of Land Management and the FBI. Even though Larry Shackelford
was the Special Agent in Charge for the State of Utah (Utah State Office),
Woody supervised Dove from Washington D.C.

Love is an aggressive agent, seeking to gain a conviction. The need for a


conviction became greater as the costly investigation progressed. The undercover
expenditures alone would require results. Thus, the investigation pursuing any
infraction that would result in a conviction was pursued.

Using Ted Gardiner as a confidential source, in 2007 and 2008, the Bureau
of Land Management and the FBI purchased over 250 artifacts totaling more
than $335,000. Gardiner was a well-connected dealer who permitted the installation
of various video and audio recorders in his place of business. Recordings
provided information on possible illegal sales involving items that included
Anasazi pottery and other artifacts associated with Native American Indians
(allegedly in violation of ARPA).

On June 10, 2009, the case became public when 24 indictments were
unsealed. Woody was present when the indictments were announced in Salt Lake
City by Secretary Salazar; Assistant Secretary Echo Hawk; Deputy Attorney
General David W. Ogden of the U.S. Department of Justice: Brett L. Tolman,
U.S Attorney in Utah: and Timothy J. Fuhrman, Special Agent in Charge of the
FBl's Salt Lake City Field Office.

Woody failed to tell the assembled officials and the press that he was aware
that Shackelford was having an affair with Gardiner's girlfriend.

Woody further neglected to tell the press that unlike Special Agent Rudy
Mauldin's 1980's ARPA investigation involving Earl Shumway, Mauldin caught
the pothunters in the act of grave robbing. AUSA Wayne Dance prosecuted
Shumway using direct evidence which actually tied Shumway to the grave
digging of archeological artifacts on federally managed lands.

Rather, Love's investigation focused merely on the braggadocios of the


defendants and the sale of artifacts whose archeological provenance could
not be established. Woody also failed to disclose that the Bureau of Land
Management was aware of Gardiner's history of mental issues, substance abuse
problems and emotional issues arising from a recent divorce and newly failed
relationship with another woman.

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Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 23 of 57

In 2009 Woody, ever the showman, scam artist and entertainer named Love
BLM Special Agent of the Year, before even one individual was convicted. Woody
subsequently promoted Love to the position of Assistant Special Agent in Charge
for the Utah State Office
(www.blm.gov/pgdata/etc/ .. ./blm/wo/Law.. A..awEnYER09Web. pdf.)

The costly 5-year artifacts case netted no prison time and three
suicides. Defendant Dr. James Redd (Blanding, UT - age 60) killed himself on
June 11, 2009. A week later, Steven L. Shrader (Santa Fe, NM - age 56) committed
suicide. Gardiner the informant (Holladay, UT - age 52) committed suicide on
March 2, 2010.

Although Utah Senators Orrin Hatch and Bob Bennett have asked U.S.
Attorney General Eric Holder to investigate the matter it appears that their pleas
went for naught.

FWS-OLE Investigation of the Gibson Guitar Company: Woody


is carrying over the same overzealous management style from the BLM to the
OLE. Under Woody's approach, BLM and OLE Special Agents have labored to
justify their next promotion and the next and the next. Woody has energized his
employees to pursue high profile vandals with more confidence and with
the expectations that said employees are expected to produce results. Although
Woody is hoping to gamer favorable publicity by initiating high profile
investigations by any means; whether through overzealousness or by using
unethical employees who have integrity issues or employees who are carrying out
sexual relationships with informants or other individuals on the periphery of an
investigation - history has shown that Woody has failed miserably.

On August 24, 2012, executed four federal search warrants at the business
offices of Gibson Guitar in Memphis, TN and Nashville, TN, where Henry
Juszkiewicz is the Chief Executive.

OLE policy requires Special Agents to evaluate the threat level of premises
to be search and only use the appropriate amount of force to safely secure the
premises, the individuals present and to seize the items enumerated in
the search warrant. In the instant investigation the premises of the Gibson Guitar
Company consists of factory floor workers.

22
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In a spectacular show of force, Woody directed case agents John Rayfield,


Tim Santel and Hubbard to have the Special Agents who executed the search
warrants to brandish high powered long guns, wear bullet proof vests and to
intimidate and coerce the workforce in order elicit statements in prosecuting Henry
Juszkiewicz and the Gibson Guitar Company.

The seizure netted computers, hard drives, company records, and thousands
of guitar fingerboards. The raid has caused economic loss to Gibson, created a
political firestorm, and has ignited a furious debate around a seminal
environmental protection statute, the Lacey Act. Though the Lacey Act was
originally designed to combat illegal trafficking in animals, its scope was
expanded in 2008 to combat the illegal harvesting of timber, which has contributed
to massive deforestation of tropical hardwood forests. The Gibson Guitar Company
supported these changes. As a user of tropical woods the Gibson Guitar Company
said it just makes economic sense to buy our materials from sustainable forests, and
it makes moral sense to do so in a way that ensures the survival of these resources.

Woody initiated this investigation because neither the Secretary of Interior


nor Congress failed to sanction him when as the BLM Chief he used the same
tactics to frivolously squander tax payer monies and withheld exculpatory
information from court/defendants in Operation Christopher Kortlander dba the
Custer Battlefield Museum, Inc. and Operation Ceberus Action. Woody's malice, his
methods, his star-chamber practices and his decision to punish first and adjudicate
later all are at odds with law enforcements ideals of fairness and fair play.

You don't send armed agents with their guns drawn into their
corporate headquarters. That is an abuse of power, and that why Congress,
the media and the public are upset and demanding answers from the OLE.

Sometime in 2009/20 10 Woody used government funds so Keith Aller who at


the time was the Deputy Chief of BLM Law Enforcement in Washington, could be
move back to Portland, OR for retirement purposes. Aller worked the remaining
year of his career in Portland, OR as the SAC for the Oregon State Office, so he
didn't have to pay the government for his move expenses.

Woody is increasingly concentrating OLE Special Agents into the higher


pay grades of the Criminal Investigative GS-1811 series, mirroring

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other federal law enforcement agencies (DEA!FBI/ICE) without making his


employees take on greater duties and responsibilities. Upon Woody's arrival he
is in the process of upgrading all GS-12 Special Agents to the GS-13 salary
level and all GS-13 RACs to the GS-14 salary level. The percentage of
employees in grades 13 to 15 - the highest three grades before reaching the
executive ranks, increased some 500%. These inflated grades and the higher salaries
that come with them, unnecessarily cost the cash strapped government/OLE at a
time when it can least afford waste.

Genesis of Misconduct - SAC David L. McMullen, ASAC/SAC/Deputy


Chief Thomas "Butch" Riles, et al.

Riley retired from the OLE in March 2004. His penultimate


assignment was in the capacity of the Deputy Chief (Arlington, VA). As the second
in line authority for the OLE. Riley orchestrated for his government expensed move
to Atlanta. GA, so he could finish out his career and retire in Atlanta, GA as the
SAC for Region Four.

Riley was best known for being and a backup linebacker who rarely
played for the 1969 Baltimore Colts and as a big game/waterfowl hunter.
By the early eighties Riley had ingratiated himself as the OLE point man for the
Safari Club International Foundation.

In the early nineties OLE Special Agent Carroll E. Cox was stationed in
Honolulu, HI working under McMullen and Riley. Cox ultimately
resigned in 1995, stemming from allegations that he had accepted bribes, and
for further forwarding allegations to the DOI-OIG concerning corruption within
the Hawaii offices of OLE. On January 28, 1993 Cox initiated contact with
the Inspector General's Interior Department Special Agent Gordon Peters, and on
November 28. 1993, he wrote to Assistant Special Counsel Ralph Eddy. Cox alleged
that FWS Field Supervisor Robert P. Smith, Ecological Service Division, and John
Ford, Real Estate Division had acted unlawful in their business dealings with the
Bishop Estate and with regards to the acquisition of a FWS Wildlife Refuge in
Guam (http://www.animalpeoplenews.org/97 /1/1.97 .swf).

Cox alleged that both Smith and Ford abused travel privileges and that Ford
"had authorized the payment of a sum in excess of $89,000 to a female companion,
by breaking the sum down into multiple payments to circumvent purchasing or
contracting rules." The female companion, Cox said, lived in

24
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 26 of 57

California. Marvin Plenert, he continued, the Regional Director for Region One
of the FWS, learned of Ford's illegal activities and had Ford resign from his
position in Hawaii. When Ford returned to the mainland, Plenert reinstated him, in
an office near his (Ford's) home in California.

Cox further advised that Smith was a hunting buddy of Reilly; both, Cox
averred were Tennesseans who were also affiliated with the Nature Conservancy
(TNC). Cox mused aloud whether Reilly and Smith owed their positions to the
recommendations of vice president Gore during his years, 1976-1984, as
Tennessee member of the House of Representatives, and 1984-1992 as U.S.
Senator. TNC Palau representative Chuck Cook is yet another Tennessean,
according to Cox, who further alleges that Cook with the cooperation of Smith
and Reilly helped to cover up wildlife parts trafficking through Palau.

The problem, Cox said, was that in 1991 he uncovered "millions of dollars
worth of turtle shells and dugong parts going through Palau to Japan." just
as TNC initiated a five-year program to develop a conservation ethic in Palau by
working with native fishers. With a human population of just 16,000, Palau is
perhaps as much small town as nation. To win the fishermen's trust, Cox alleged,
TNC ignored both the wildlife trafficking and aggressive poaching of endangered
saltwater crocodiles, apparently believing it could be stopped more effectively
through their program, which stresses sustainable use, rather than through law
enforcement. "I was told, 'You will not go back," Cox stated.

In the November 1993 letter, Cox also accused his immediate supervisor,
RAC Ernie Mayer, of improperly using a government vehicle. Mayer, in turn
accused Cox of harassing him. On August 24, 1994, Joseph G. White of
Kaneohe, Hawaii, complained to FWS regional director Mike Spear that Mayer
had improperly harassed his wife, an FWS employee, apparently after an
altercation over a parking space. The charge was investigated by OLE Chief John
Doggett (Tennessean), and assisted according to Cox and, by Special Agent Steve
Middleton.

OLE Evidence Custodian Michael M. Hart (at the time age 51) a twenty-
year FWS staffer was a key witness against Mayer in both the Cox case and the
White case. Cox further asserted that Hart too was subjected to intense harassment.
On December 8, 1994, just before Hart was to testify for Cox at a deposition
hearing, cleaning personnel at the Prince Kuhio

25
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 27 of 57

Federal Building in Honolulu found his body, shot through the chest with a gun
Cox had confiscated in a prior criminal case.

Hart's apparent motive for suicide was a November 29th letter from
McMullen, as follows: This is a notice of proposed adverse action issued in
accordance with Part 752 of the Office of Personnel Management regulations, it
opened. "In order to promote the efficiency of the Federal service, it is proposed to
remove you from the USFWS or otherwise discipline you, at any time after 30 full
calendar days from the date you receive this notice. This proposed adverse action is
based on the fact that you knowingly provided false and misleading information to
Service investigators who were conducting an official inquiry into an allegation of
wrongdoing on the part of your supervisor, Ernie Mayer.

As for Mayer, McMullen failed to reprimand him for having an affair as a


married man with a woman (who is now his second wife) on
government time and with a government vehicle. McMullen and Doggett
subsequently made arrangements to transfer Mayer to headquarters where he was
promoted as the SAC for the Branch of Special Operations (GS-14).

McMullen's decision was consistent with a second contemporaneous


misconduct matter with ASAC William Zimmerman (Region 3: Retired 2001), who
was married and having an affair with an OLE employee named Gay
(Zimmerman's current second wife). With Riley's promotion and transfer to
headquarters, McMullen made arrangements to transfer Zimmerman to Region One
as the ASAC. A short time later McMullen created a position for Gay in Region
One and subsequently moved her to Portland, OR at the government's expense

For some twenty years, Riley would attend the annual Safari Club
International Foundation convention
(http://www.jesseshunting.com/forums/showthread.php/521 54-SCI-BoardHires-
New-Executive-Director). Unbeknownst to the OLE, Riley's motive in all of this
was to upon retirement secure employment with the Safari Club International
Foundation. The Safari Club International Foundation hired Riley on January 29,
2004 in the capacity of Chief Executive Director.

For this the OLE paid a King Ransom, for Riley was a mole for the Safari
Club International Foundation, an organization who members were vigorously
investigated and convicted (felonies) by the through

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investigations of OLE Special Agents. Some of the ways Riley irrevocably harmed
the OLE were:

Sometime in the early nineties Riley made arrangements to have his son
Jason Riley placed in FWS Student Career Experience Program (SCEP)
(www.fws.gov/pacific/aba/dcr/docs/SCEP%20Brochure %2099 .pdf). SCEP
students are eligible for non-competitive conversion to a career or career
conditional appointment within 120 days of degree conferment
and satisfactory completion of SCEP program requirements.

Special Agent Jason Riley was originally hired by the OLE as a Wildlife
Inspector. As a friends and family member, Riley was selected by the SAC
selection committee to become a Special Agent. Riley was initially stationed in
Albuquerque, NM. Unlike his Special Agents classmates who weren't friends and
family members of the OLE, they were banished to the inner cities of Detroit,
Houston, Miami and New York.

But for nepotism, in 2011 Butch Riley's buddy, Gale selected Jason Riley
to he a Senior Special Agent in Tallahassee, FL (GS-13). Unfortunately, the OLE
is stuck with him until 2030, when he turns fifty-seven.

Tom Riley is a close friend and hunting buddy of Lt. Col. Charlie Clark
(retired 2005) of the Louisiana Department of Wildlife and Fisheries (Baton
Rouge, LA). Riley would routinely go hunting with Clark and his son Steven
Clark in the vicinity of the Clark's home of Abita Springs, LA.

Although Steven Clark wasn't the sharpest tool in the shed, in 2001 Riley
hired Clark as an OLE Special Agent. This arrangement more than solidified
Riley's relationship with the senior Clark and Riley would routinely travel on
government expense from Georgia to Louisiana at a whim to go hunting.

In December 2001 while attending the Special Agent Basic School at the
Federal Law Enforcement Academy (Brunswick, GA), Special Agent Stephen Clark
and Special Agent Rory Stark (Stark graduated college with a law degree) were
caught cheating on OLE examination. Despite overwhelming physical evidence
(matching answers on the test) and the testimony of the proctors, Riley and Adams
chose to ignore the evidence and the two candidates were allowed to graduate.

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Just like Jason Riley, Clark and Stark received the friends and family
members discount rate, with Clark being initially stationed in Slidell in his home
state of Louisiana, while Stark returned home to Anchorage, AK, where he
remams.

Clark is currently stationed in Lacombe, LA (985.882.3756). Further as


a friend and family member and at the expense of other less connected OLE
Special Agents, Tom Riley and later Gale spent six figures to train Clark to
be a Special Agent Pilot.

In September 2002, Tom Riley traveled to Russia to participate on a Safari


Club International Foundation financed bear-hunting trip with billionaire Dan
Duncan and several other Safari Club International Foundation members. Riley
violated federal law as he didn't claim this income on his annual on yearly
Executive Branch Confidential Financial Disclosure Report (Form 450 ).

Unbeknownst to the OLE, in May 2003 Riley also provided a copy of an


official OLE investigative file to Rick Parsons, the Director of Governmental
Affairs for the Safari Club International Foundation. Riley also provided the
organization with documents and information, which conferred Designated Port
status to the city of Houston, TX (January 5, 2005), which eventually enabled the
clubs wealthy members who resided in Houston the ability import foreign wildlife
trophy shipments directly in to the city. The DOI-OIG subsequently investigated
Adams and David Smith, Deputy Assistant Secretary, Fish. Wildlife and Parks
(hemustangproject.files.wordpress.com/.. ./investigative-report-on-
davidsmith).

Also as the OLE point man with the organization, Riley became good friends
with Matthew J. Hogan the lead lobbyist Safari Club International Foundation. At
age thirty-eight, Hogan initially joined the Fish and Wildlife Service as a Deputy
Director in July 2002. In February 12, 2010, Hogan named Assistant Regional
Director for Migratory Birds and State Program of U.S. Fish and Wildlife
Service's Mountain-Prairie Region.
Conspicuously absent from Hogan's official U.S. Fish and Wildlife
Service's biography is his previous lobbyist activities for Safari Club
International Foundation.

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On September 30, 2006, Riley announced his retirement effective September


30th. Riley retired to Ocean Reef Yacht Club (http://www.oceanreef.com) in Key
Largo, FL, one of the wealthiest gated communities in the United States. Even
considering Riley's generous federal annuity, he most likely received many
additional inducements during his tenure with the OLE, from his well-heeled
friends from the Safari Club International Foundation.

A March 13, 2007 OIG report titled, United States Fish and Wildlife
Service office of Law Enforcement reported the following (Report Number PI-EV-
FWS-0003-2006), as follows:

In centralizing its inventory process in 2003, we were told that the FWS-
OLE Training and Inspection Branch (Pruszenski and Gale)found that their
firearms inventory was completely unreliable and identified 71 firearms that were
either missing, lacked supporting documentation, or were otherwise not accounted
for. Since then, the FWS-OLE Training and Inspection Branch, in collaboration
with CFM, has attributed 67 of the potentially 71 missing firearms identif led in 2003
to paperwork errors. According to a CFM employee, the firearms inventory has
improved 110 percent in the past year and that he would give it a B+ grade.

Despite this improvement to the firearms inventory, senior management


failed to adequately follow up on the four remaining missing firearms. We
discovered that two of the four missing firearms had been assigned to a former
Regional SAC (Riley) who left the agency in 2004. We were told there was an
additional firearm attributed to this same .former SAC that had originally been
purchased in 1998 but had never been entered into the Service's inventory systems.

As early as Februar 2004, at least rt'o of the three firearms


attributed to the former SAC (Riley) were reported (by former Special Agent Rick
Giovengo - terminated June 2009) (Giovengo is currently employed by Lockheed@
843-740-6627 Rick. D.Giovengo@uscg.mil) to the FWS-OLE Chief(Adams),
Deputy chief (Perez), and the Training and Inspections Branch SAC (Pruszenski and
Gale).' however, no investigation or other effort to recover the firearms was ever
conducted by FWS-OLE. When asked why she (Pieters) did not act on this issue,
one senior manager stated that property management was onli' one of her many job
responsibilities. This was representative of management's lack of urgency to recover
the

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firearms. Any missing firearm poses a potential risk to public safety and creates a
liabilir' jbr FWS-OLE.

In November 2006, after learning of the three missing firearms attributed


to the former SAC (Riley), the 0/G initiated an investigation. 0/G
investigators visited the former SAC (Riley) to inquire about the firearms. We
were later told by an FWS-OLE official that within an hour of the 0/G
investigators visit, the former SAC (Riley) contacted FWS-OLE to make
arrangements to return the firearms. The fact that these weapons were out of FWS-
OLE custody, with senior management knowledge, for nearfY 3 years is
unacceptable.

On July 18, 2007, Duncan voluntarily appeared before a grand jury in


Houston. Although Duncan was not indicted, his guide who led Duncan and
others on the September 2002 hunting trip in Russia were indicted by a federal
grand jury in Houston on for importing antlers and horns he allegedly
knew were obtained illegally, in violation of the Lacey Act, a law which
makes it illegal to import wildlife that was obtained in violation of any other
country's laws. The guide was Robert Kern, head of Berryville, VA, based
outfitter, The Hunting Consortium (http://huntingconsortium.com) organized the
September 2002 hunting trip to Siberia.

Duncan and at least four others hunted and killed moose and sheep while
flying in a helicopter. Although Riley was the only hunter who did not shoot
while hovering, he failed to report the violations to either the Russian or OLE
authorities. Hunting from an aircraft is illegal in Russia and the United States.
Duncan was considered the wealthiest man in Houston and ranks 85th on Forbes'
worldwide list of billionaires, with an estimated net worth of $8.2 billion.

The 2002 trip was also well known in the world of big-game hunters. Mike
Simpson, a Conroe, TX taxidermist who went on the trip with his son, Travis
Simpson (videographer), wrote an article about it in the January/February 2003
issue of Safari, a magazine published by the Safari Club International Foundation
Pictures from the hunt were also published in Orvis, a quarterly magazine for sheep
hunters.

The trip also stood out because of the caliber of the hunters.
Riley was on the trip, as well as Mexican businessman Hubert Thummler.

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Thunimler is a retired Mexican businessman who started hunting in Africa at the


end of the Golden Age. In June 2008 a jury found the Simpsons and Thumniler not
guilty.

Just like Riley the current poor moral in OLE Region Seven (Alaska) and
the distrust of the OLE among the Indigenous Peoples of Alaska can be traced
back to Mark Webb when he was the RAC/Pilot (GS-13) in Fairbanks, AK. Webb
is a narrow-minded Mark Fuhrman-like racist who persecuted the Indigenous
Peoples of Alaska.

Webb routinely made vitriolic and malevolent allegations against the


Indigenous Peoples of Alaska to the media and the press, with nary a shred of
testimonial or physical evidence. Webb was so vilified that Regional Director
David Allen was ultimately forced to demote Webb to a GS-12 Special Agent in
order to save his job. In an effort to save face with the OLE, Allen's made a
management decision to create and transfer Webb at government expense to a new
duty station in Lincoln, NE, Webb's home state. The message that the OLE
received was that bigotry was acceptable and the worst possible outcome in a
disciplinary proceeding was not termination, but a government expense paid move
back to your home state, which is the objective of the majority of the OLE Special
Agents anyway.

During the aforementioned time period, Webb corrupted several


Special Agents who were stationed in Alaska, including his subordinate, Special
Agent Charles William "Corky" Roberts who eventually replace Webb as the
RAC/Pilot in Fairbanks. As Roberts' supervisor, Webb showed Roberts and the
others in Alaska how it was all right for them to misuse government vehicles
and aircraft to transport family members on recreational hunting/fishing
trips throughout Alaska. Webb also conditioned Roberts into believing the
indigenous Peoples ofAlaska were inferior and they should be humiliated and
persecuted. Webb also taught Roberts and others to use racial slurs and epithets such
as Pie, when referring to Native Alaskans.

Once Webb was transferred to Nebraska, his best bud Mowad allowed him to
maintain his government pilots license even though he crashed and wrecked three
planes in Alaska. Moreover, after the transfer took place Mowad would
periodically allow Webb travel back to Alaska to train other less experienced
pilots stationed in Alaska including, Roberts, Stan Pruszenski, Special
Agent Steve Stoinski and Special Agent Michael Wade.

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In interacting with the aforementioned Special Agents, Webb further


hardened his co-workers against the Indigenous Peoples of Alaska through
intolerance and incendiary comments, which was akin to spraying gas on a fire.
History would repeat itself in 2003, when Stoinski provided derogatory information
to DOI-OIG that he along with Pruszenski, Roberts, Wade and other OLE
employees in Region Seven, were misusing government vehicles and aircraft to
trnnsport family members on recreational hunting/fishing trips throughout Alaska.

Although the DOI-OIG investigation disclosed the aforementioned


offending individuals also used racial slurs and epithets such as Pie, when
referring to Indigenous Peoples of Alaska, the disciplinary results were
similar to that of Webb. Roberts was to demote to a GS-12 Special Agent and
management made a decision to create and transfer Roberts at government expense
to a new duty station in Richland, WA (509.546.8344), Robert's home state. Chang
recently promoted Roberts to a GS-13.

Special Agents Roberts and Stoinski

In the late nineties at the Utah Department of Natural Resources, Woody


hired Stoinski as a game warden and his wife Linda S. Stoinski as the Division's
Legislative Coordinator. While employed in Utah the couple learned from Woody
and his cronies the nuances of misusing state vehicles for personal purposes.

When Stoinski was initially hired by the OLE and stationed in Grand
Junction, CO. he and his wife used an OLE vehicle to go deer hunting trip. They
would have gotten away with their misdeed except for getting in a vehicular
accident. Stoinski merely was given a slap on the wrist and within a short period
of time he was promoted and off to Fairbanks, AK, courtesy of an all expense paid
move by the OLE. Upon arriving in Alaska he was selected over more qualified
candidates and trained at government expense to the tune of tens of thousands of
dollars to be a Special Agent Pilot.

While in Fairbanks, Stoinski worked for Roberts who by this time had
expanded upon Webb's scheme to misuse government aircraft, boats and vehicles.
Pruszenski and Roberts had gotten more creative by fabricating a written log and
corresponding documents wherein friends and family members were allowed to
accompany OLE Special Agents in government aircraft, boats and vehicles, under
the guise that they acted as an Observer.

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The entire Alaska Region of OLE Special Agents were in on the


sham, going on one personal hunting/fishing trip after another throughout
the wilderness of Alaska, logging hundreds and hundreds of hours of
aviation/boat time. The fa<;ade would have lasted for decades but for the
fact that the Region was spending so much money on fuel and equipment
maintenance costs that the Region had to cut back on Stoinski's flight
training.

In a fit of rage in 2003, Stoinski filed a complaint with the DOI OIG,
not smart enough to realize he was implicating himself at the same time.
Stoinski has been ostracized by the OLE ever since. Although Stoinski
has tried mightily to transfer to as Special Agent to other federal law
enforcement agencies since then, he hasn't been successful because of his
Giglio issues in the Alaska investigation as well as the prior
administrative investigation in Colorado wherein it was determined he
wrecked/misused a government vehicle outside the scope of his employment.

In 2010 with the knowledge of the aforementioned, while Woody was


the Chief of the BLM he preselected (absent a vacancy announcement) his
understudy Stoinski to become the BLM SAC in Billings, MT. Woody
misappropriated government funds for Stoinski to make at least two trips of
long duration while on per diem, to Billings, MT to see if the promotion was
suitable. Stoinski would have remained in the position but for the fact that
his home in Green Bay. WI was so far underwater that he couldn't sell
unless he filed for bankruptcy.

Special Agent Misconduct

Why are Special Agents (Grade Series 1811) in other agencies


terminated and OLE Special Agents are allowed to continue to work and
even promoted? They calculate the risk of being caught. They live on the
margins. Why doesn't Woody stop the OLE Special Agents from using
government assets as monopoly money, as their own personal piggy bank in
furtherance of their personal lifestyles?

It is our understanding in all criminal/civil cases the government is


under a constitutional obligation to disclose upon a defendant's request
material evidence to establish the credibility of government witnesses (i.e.:
exculpatory evidence, misconduct issues, credibility issues or lack of
candor issues), Brady v. Maryland, 373 U.S. 83(1963); including evidence which

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may be used to impeach a government witnesses Giglio v. United States,


405 U.S. 105, 154 (1972)
(http://en.wikipedia.org/wiki/Giglio v. United States).

Moreover, with respect to potential impeachment information, the


government is also obligated upon a defendant's request to examine the personnel
files of government employees it intends to call as witnesses in a criminal trial in
order to determine if any portions of the files ought to be made available to the
defense for impeachment purposes, once the defense has made a demand for their
production [United States v. Henthorn; 931 F.2d 29 (9th Cir. 1991 )].

The Circle of Seven administers discipline with a slap on the wrist. One
would surmise OLE Special Agents continue to be affiants on affidavits for
search/arrest warrants and even testify under oath in court and before Congress, to
include the House Natural Resources Committee.

Why does are OLE allow Special Agents who have Giglio/Henthorn issues
in their to remain on the payroll of the OLE?

Sometime in the early 1990s while married, SAC Adam O'Hara


started having an affair with Patricia Rogers who was a secretary. When the
affair turned sour, Rogers filed a grievance and was a awarded a position as a
Special Agent. I f you have any doubt that Rogers is working a half dozen
pay grades over her head, just ask her staff.

Scully who prefers the fair sex, was also the subject of a civil
litigation for harassing a woman while she was stationed in Atlanta for the OLE
as a WI.

In 2007 Assistant Special Agent in Charge Juliana Scully (Region2)


became the Chief, Division of Law Enforcement. While stationed at headquarters
Scully was investigated (2009) by the DO1-OIG who determined that
Scully had lied in an official administrative investigation. Mowad who at the time
was Scully's immediate supervisor didn't terminate
Scully.

Why did Woody recently create a GS- 15 special project position for
Scully? Because as a member of the Good Old Boy network she can

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continue to work and be eligible for a full law enforcement retirement annuity
when she turns fifty in October 2013. Moreover, Woody and his
predecessors have violated OPM policy because Scully who is a Type One
Diabetic and all Type One Diabetics for that matter are prohibited from occupying
law enforcement positions because of the medical implications of
being a Type One Diabetic.

Chang has been the subject of several administrative investigations


regarding harassment of an OLE employee(s). Whether in marriage or as a
divorcee, Chang preys upon young college age women who are attempting to
enter the OLE workforce.

Sometime in 2004 while married, Chang started having an affair with Ali
Martyn, which would eventually resulted in him hiring her as a Wildlife Inspector
in San Francisco, CA. Martyn had no prior wildlife experience. Chang would
periodically from Portland, OR on government expense to rekindle the fling.

In 2006, when Martyn became interested in dating Wildlife Inspector Joe


Ventura (Torrance, CA), she was able to persuade Chang to move her at
government expense to Southern California. Martyn and Ventura eventually
married.

Chang really knows how to tap the government piggy bank.


Every year he sees fit to conduct a trip within in his region as a perk for his RACs
and in part because he can't afford a vacation because of his high alimony
payments. In 2010 RAC Dean and Crum (Sacramento, CA) organized a confab at
the beautifully appointed Portola Hotel and Spa at Monterey Bay
(www.portolahotel.com), for themselves and at least four others, from June 21st
to June 251h Crum must have really enjoyed himself because he collected per
diem through at least June 26th.

According to Rogers, Espinosa who was enrolled in the SCEP


program in 2008, was Chang's most recent sexual quarry.

Chang was born and raised on the Big Island of Hawaii, Hawaii. An
examination of his official government travel reimbursements will substantiate he
fabricates government travel at will to travel his home state of Hawaii and the
Pacific commonwealth territories.

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Sometime in 2005/2006 Amato went on a bender/skirt chasing in a bar


adjacent to the OLE headquarters. After waiting for a period of time to sober up,
Amato attempted to drive home in his personal vehicle, but only got as far as the
entrance of the underground parking garage because he crashed his personal
vehicle into the metal security gate, breaking it. Rather than spending overnight
in a hotel or using a rental car to commute for several days (at the time Amato
lived some 60 miles away in Sykesville, MD) until repairs could be made
to his vehicle, he chose to use a government vehicle in violation of policy.
Moreover, the security to the OLE building was compromised for several
days until the security gate could be repaired.

Sometime in the winter of 2012, Amato (Region 5) was placed on


administrative paid leave for illegally hiring a woman as his executive secretary,
with whom he was accused of having a consensual on-duty sexual relationship.

Amato has routinely rewarded preferential treatment to his friends. In


2004 he promoted Special Agent Andre Cortez (GS-12) to become the RAC
(GS-13) for a new Special Operations Office in Richmond, VA 804.771.2883)
with the knowledge Cortez had suffered a nervous breakdown. Amato has an
allegiance for Cortez because they were co-workers with the California
Department of Fish and Game.

The only reason why the Special Operations Office was being set up in
Richmond, VA was for the fact that Cortez was living in Richmond, VA. In
establishing a new Special Operations Office, Cortez spent lavishly to the tune of
several hundreds of thousands of dollars in decorating and leasing the facility.

Within a short period of time Cortez realized he was over his head so he
resigned from being a supervisor, yet Amato allowed Cortez to keep his pay/GS-
13 grade. Although it much longer before the Special Operations presence was
terminated in Richmond. VA because of a lack of a geographic/investigative
viability, Amato created yet another position for Cortez, so Cortez could
eventually retire in Richmond, VA.

Special Agent David Sykes had previously been forced to resign from The
United States Secret Service (LISSS) when they discovered he had committed
perjury in a criminal trial, prior to him being employed by the

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USSS. Despite this the Circle of Seven hired Sykes and in 2010 Amato
promoted Sykes to the position of RAC, Chelsea, MA (GS-13).

When Amato was the SAC of the Branch of Special Operations, he would
routinely fabricated government travel. On one occasion he arranged to travel to
Colorado under the guise of a meeting, when in fact it was a ruse to go Elk
hunting with his subordinates RAC George Morrison, RAC Leo Suazo, Special
Agent Curtis Graves (Littleton, CO - 720.981.2777), and other unknown
Special Agents. The Colorado Division of Wildlife maintains records
of hunting licenses issued to both resident and non-resident applicants.

The term law enforcement officer (primary position) in the


retirement statutes concerns "the duties of whose positions are primarily the
investigation, apprehension, or detention of persons suspected or convicted of
offenses against the criminal laws of the United States ... ", per 5 U.S.C. §8331(20)
and 5 U.S.C. §8401(17). All OLE Special Agents are eligible for an enhanced
law enforcement retirement annuity.

The statutory definition of law enforcement officer also includes an


employee who moves directly to a supervisory/administrative law enforcement
officer position (secondary position) from a frontline or 'primary position" law
enforcement officer position (i.e., a position the primary duties of which are
"investigation, apprehension, or detention of persons suspected or convicted of
offenses against the criminal laws of the United States ... "), per definitions of
primary and secondary positions at 5 CFR 831.902 and 5 CFR 842.802.

However all FERS employees need three years in a primary position to


retain their eligibility for an enhanced law enforcement retirement annuity if they
transfer to a secondary position.

In Amato's case, he was initially hired by the OLE in 1998 as a Special


Agent (primary position) and stationed in Baltimore, MD. Within twenty
months he was promoted to the Resident Agent in Charge (secondary
position) for Baltimore, MD and has continuously worked in a secondary position.
Like Amato's predecessors, Woody continues protect Amato so Amato will
ultimately illegally collect an enhanced law enforcement retirement annuity.

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Amato is but one of the Special Agents who has accepted gifts (food,
lodging, travel, etc.) from foreign governmental agencies in relation international
travel, who has failed to report said gifts in violation of 5 USC § 7342. Amato
who routinely travels overseas (Kenya and later Doha, Qatar in 2009/20 10) is
but one of many Special Agent who are in noncompliance.

Sometime in 2012, Woody finally placed Amato on administrative leave,


but the question remains will Amato be given a slap on the wrist or will he be
terminated.

On or about September 30, 2008 was SA Steven Tuttle last day working for
the OLE. As a retirement gift Pruszenski flew Tuttle from Anchorage, AK and
Ketchikan, AK and back to attend his retirement party.

The Association of Southeast Asian Nations Wildlife Enforcement


Network (ASEAN-WEN) draws on collaboration and cooperation of the ten
ASEAN member nations to fight cross-border wildlife trafficking in Southeast
Asia. The ASEAN-WEN participants include environmental, law enforcement,
and customs agencies in Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar,
the Philippines, Singapore, Vietnam, Thailand and the OLE.

Several OLE Special Agents have been detailed as liaison officers to


ASEAN-WEN in Bangkok, Thailand for six months to one year periods of time
since 2008. These officers have been involved in training development, investigative
consultation and assistance, intelligence liaison, and the presentation of both on-the-
job and formal training programs.

Special Agent Obe Lowry (Anchorage, AK - 907 .271.2828) was one of


the individuals who were detailed to ASEAN-WEN. While on detail overseas
Lowry went rouge in compromising the OLE standing in ASEAN-WEN by going
on drinking binges and frequenting the company of prostitutes.

Although the OLE had to recall Lowry for jeopardizing the OLE
relationship with ASEAN-WEN prior to his completing his assignment, his
supervisors (Pruszenski et al.) failed to discipline him. Although Lowry's behavior
and the misconduct of his colleagues is acceptable to OLE

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management, clearly this behavior is not in keeping with the professional


standards expected of other members of the law enforcement fraternity.

They OLE expend government funds to buy expensive cameras,


blackberry telephones, GPS devices, hunting equipment and ammunition.
There is a total lack of inventory control and many items are merely used or for
ones personal use. Many Special Agents don't do any migratory bird fieldwork, yet
they too continue to buy hunting equipment, for personal use.
Conversely there should be strong internal controls over property to address risks
associated with the waste, loss, and unauthorized use of assets.

It would be interesting to see how much hunting/fishing equipment the


OLE purchases for Amato's Jackson's hunting/fishing excursions, as these
activities aren't part of their official job description.

Sometime in 2008/2009 Special Agent/Pilot Michael Wade (Nome. AK -


907.443.2479) used his position to secure a permit to hunt muskoxen on a FWS
refuge (possible Selawik National Wildlife Refuge). It is further alleged that
Wade received preferential treatment because he participated in the hunt with a
Refuge Officer/Pilot who is an Alaskan Native. Government aircraft may have
been involved as well.

Reminiscent of the Tail Hook Drinking Scandal Cristina Thornhlom-Kish


the Supervisory Intelligence Analyst at the OLE Headquarters organizes the
drunken swim across the Potomac River, sans swimsuits, whenever the Special
Agents have their In-Service Law Enforcement Refresher Training at the NCTC.
Does anyone ask why the NCTC even serves alcohol to OLE Special Agents who
are battling alcoholism, at a discount no less? Special Agent Tom Ricardi,
(Hartford, CT, Phone: 860-871-8348) and Special Agent Eric Holmes (East
Orland, ME, Phone: 207-469-6842) are on the top of the list. Holmes is also
notoriously hard on government equipment; when he is not sinking a government
boat or wrecking a government vehicle, he is merely destroying or losing other
types of government equipment that are assigned to him.

During the summer of 2011 Nick Chavez was subject of


DOI-OIG Investigation, yet he remains a SAC. Chavez, who is aware that Bryant
is a skirt chaser, has failed to council Bryant about the inappropriateness and
implications of this behavior as a married man.

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Special Agent Al Colby (Burlingame, CA - 650.876.9078) was hired


by the OLE sometime around 2006, after resigning from the Immigration and
Customs Enforcement under questionable circumstances. Colby considers himself
as an amateur herpetologist who collects and possesses various endemic and exotic
species of reptiles, including poisonous reptiles.

Colby resides in Castro Valley California (Alameda County), wherein


the county prohibits the private possession of exotic animals or poisonous reptiles
in neighborhoods within city limits. Colby is a close friend of several notorious
and felonious reptile smugglers who have been investigated and
summarily convicted by the OLE. On occasion when these individuals travel.
Colby will oversee their collections and occasionally receive reptiles as
compensation for services rendered. Among some of Colby's closest herpers are
Bruce Feidhammer, Randy Graham, David Rittenhouse, Robert J. Stene and Karl
Switeck. Chang and ASAC Crumb are aware of the aforementioned, acting under
the belief that what Colby does on his own time is his business.

Is SAC Luis Santiago (Atlanta, GA - 404.679.7057) still using an


emergency blue light in both his personal and government vehicle to unlawfully
access High Occupancy Vehicle (HOV) lanes during the commuting hours?
Clearly this was his modus operandi when he was stationed at the OLE
Headquarters and unlawfully commuted on Interstate 66 in the HOV lane(s). He
answers to the moniker Blue Light.

On May 22, 2012, Suazo was involved in a shooting incident. The incident
occurred when Suazo confronted suspects involved in an ongoing burglary. The
suspects attempted to run Suazo over with their vehicle, and SA Suazo
responded by firing into that vehicle. The suspects were not shot and were
arrested by local police a short time later.

Reminiscent of the George Zimmerman Investigation, the DO1-OlG is


currently investigating the matter to ascertain why Suazo was pursuing burglary
suspects.

Misuse of Government Vehicles

Woody has allowed every OLE Special Agent (including all supervisory
Special Agents) with the exception of the half a dozen Special Agents who are
assigned to headquarters the use of a government vehicle to

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commute from their residence to their official duty station. The OLE fleet
surpasses two hundred fifty vehicles, the majority which are fuel inefficient gas
guzzling 314 ton SUV s.

The Special Agents have created policies to protect themselves. These


policies have allowed them to use their vehicles to run personal errands to and
from work; they allow themselves to live and commute with said vehicle, in some
instances in excess of forty miles; they are reimbursed for highway road tolls: and
even more egregiously they receive LEAP while commuting. A small and limited
sample include:

Since 1998, RAC George Morrison has resided in Pine, CO where he has
been communing some 45 miles to his office in Littleton, CO

RAC Suazo II resides in Bailey. CO some 55 miles from his office in


Commerce City, CO. Suaz&s job performance is further impacted because
he must first drive his wife Jannel Suazo who is a FWS employee, in his
government assigned vehicle to and from her office in Denver, CO.

Prior Government Service Administration studies have substantiated that


90% of the mileage accrued on an OLE vehicle is mileage which is amassed when
driving between one residence and ones official duty station. Moreover, OLE
Special Agents have the smallest caseloads of any GS- 1811 criminal investigator.
At a minimum, the DOI-OIG should install GPS tracking device on each and every
OLE vehicle.

Despite the perk of being assigned a government vehicle, many OLE


Special Agents have been convicted of Driving Under the Influence of Alcohol
(Resident Agent in Charge Thomas Karabanoff-Edmond, OK- 405.715.0617),
while others of have misused government vehicles (RAC Andrew Aloise and
Special agent Kenny Kessler; Topeka, KS - 785.232.5 149) and even
totaled them (Steven Stoinski - Green Bay, WI - 920.866.1750) when they have
chosen to use them on personal junkets.

Being a model employee the following is an article. which Karabanoff wrote


about Leadership Etiquette and Common Sense in 2011:
(http://findarticles.com/p/articles/mi m2194/is 3 80/ai n57237498/)

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Despite Aloise's actions, SAC Gale (Region Four - Atlanta. GA-


404.679.70-57) chose to promote Alosie (GS-14) and transfer him from North
Carolina to Groveland, Florida (352.429.1037) to be closer to his family in
Florida.

Grade Inflation

OLE Special Agents are among the highest-paid federal employees. Their
salaries($ 150,000+) and pensions are far superior to attorneys, astronauts,
congressmen, engineer's governor's veterinarians or just about any other
professional occupation. Many merely have a GED and they all are allowed to
retire at a time of their choosing anytime between 50 and 57 years of age.

Woody has followed in the footsteps of his predecessors and allowed the
OLE to be run as an inefficient operation by corrupt bureaucrats who live on
bloated paychecks. OLE Special Agents upon retirement leave office rich
capitalizing on their positions.

When the Office of Management and Budget (0MB) and Congress were
proposing agencies to cut their budgets, Woody and the Circle of Seven
were giving all the Special Agents pay raises, by raising raise the journeymen pay
grade from a GS-12 to a GS-13 and all RAC positions from a GS-13 to a GS-
14. Woody effectively circumvented Congresses' two-year pay-freeze
measure.

Nor did Woody miss a beat of misusing public funds when in 2011, he
created a new regional office in Sacramento, California (Region Eight), thereby
appointing Jill Birchell the SAC (GS-15 - 916.414.6660) and Daniel Crumb the
ASAC (GS- 14) and a countless number administrative positions. Now the Circle of
Seven is referred to as the Circle of Eight.

In yet another example of circumventing Congresses' two-year pay-freeze


measure, Woody created a SAC (GS-14) position for the newly created Digital
Evidence Recovery and Technical Support Branch. Woody being enamored by
USSS selected former USSS Special Agent Edward J. Lewis as the SAC, who at
the time was stationed at the OLE headquarters as a GS- 13 desk officer.

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Although Woody lists this position as being located at the OLE


headquarters, Woody who is smitten by Lewis. allowed Lewis to move back to
his home state of Florida at government expense. In reality Lewis works at 701
San Marco Blvd., Suite 7 West, Jacksonville, FL. Moreover, does Lewis even
have the educational/technical background in computer forensic science or is he
just part of the Good Old Boy Network?

Not to be overlooked in creating Lewis' SAC position, how does Woody


justify this duplicate personal action when. George Volentir has been the OLE
Branch Chief for LE Data (Computer) Systems, for at least two decades? Unlike
Lewis, Volentir does have a forensic background in computer sciences. Michael
Macleod a Computer Specialist works in the same offices as Volentir. Although,
Volentir's and Macleod positions are listed as being located at OLE Headquarters,
their positions are in fact physically located in Denver, CO (303.275-2400).

In yet another example, Woody has the SAC Internal Affairs position listed
as being located at headquarters. SAC Toomey who resides in Greencastle. PA
used to use his personal vehicle to commute some 85 miles away to the OLE
headquarters. in order to accommodate Toomey, Woody has allowed Toomey
to work out of the NCTC (698 Conservation Way Shepherdstown, WV
25443), which is now only some 35 miles away from Toomey's residence. Said
accommodation merely helps Toomey and is a deterrent to the Mission of the
OLE.

Which begs the question, does anyone even work at the OLE Headquarters
(4401 North Fairfax Drive, Arlington, Virginia, USA 22203 - 703.358.1949)?
Why then is Woody paying rent on so many vacant offices on the third floor?

Law Enforcement A vailabilie Pa (LEAP)

All OLE Special Agents are required to be available to work ten or more
hours a week (520 + hours a year) beyond the Monday to Friday workweek
(0800hrs to 1700hrs) in order to receive a pay enhancement of twenty five percent
over their base pay. For example, an OLE Special Agent, whose yearly base salary
is $100,000, receives an annual salary of $125.000. Moreover, this twenty five
percent enhancement is added to ones retirement annuity.

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To be perfectly clear, the operative words used to receive this


enhanced pay are - required to be available to work. In actuality OLE
Special Agents rarely work any additional hours at all, yet they still receive a twenty
five percent pay enhancement each year they are employed, through retirement. In
reality OLE Special Agents just need to be in telephone contact with their
supervisor to be called back to work. Rather, OLE Special Agents rarely actual
work, they merely receive enhancement pay for conducting personal matters - or
commuting up to four hours a day in a government vehicle between their residence
and their official duty station.

The rub in all of this is, with few exceptions, OLE Special Agents were and
continue to be AWOL when it comes to criminally investigating the worst
environmental disaster in United States history, the April 20, 2010 explosion of
British Petroleum's Deepwater Horizon.

OLE Rewardin2 Bad Behavior - Special Agents Can Live


Anywhere TheN Want - Annuit' Enhancement - Move at
Government Expense to the Retirement Destination of Your Choosing

In December 2005. the OLE completed an exhaustive two-year study to


implement a Strategic Plan and Worlforce Planning Process for the period 2006-
2010 for Protecting Our Wildlife Resources (OLE Strategic Plan)
(http://www.fws.gov/le/AbOLitLE/OLEStrategicPlanDec2OO5 .pdf). In
implementing the plan the study also determined the duty stations were Special
Agents would be geographically stationed to implement said plan. Thousands of
man-hours and several million of dollars were expended to fly/lodge the Circle of
Eight's cronies about the North America continent and Trust Territories. Even
though specific duty stations were chosen the Circle of Eight chose to ignore
these decisions whenever it was in the best interest of their cronies to be located
elsewhere.

Just like the Bell California elected officials, Woody and many of the Circle
of Eight should be terminated or prosecuted for misappropriating millions of dollars.
Woody and the Circle of Eight have a character flaw. As managers they are driven
by materialism and in the process they have lost their ability to self govern
themselves.

If at the end of your career you have been a loyal crony of Woody's or the
Circle of Eight you will rewarded for your allegiance and promoted in

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order to enhance ones high-three years of employment. In other instances cronies


are moved at government expense to a geographic locality where the they intend to
retire. In the later example if the crony works one year in his last duty station,
he/she doesn't have to reimburse the government for said moving expenses.

Woody and the Circle of Eight don't recognize that in today's economic
climate and with the financial hardships so many families are suffering the
aforementioned blatant compensation decisions are not only unacceptable, but
also illegal.

Woody and the Circle of Eight believe they can treat public funds like
Monopoly money. Even as the public deals with double-digit
unemployment and inflation eating into their paychecks, Woody and the Circle of
Eight creatively finds a way to boost the salary and pension of the members of the
Good Old Boy Network.

Between 2002 and 2011, Gale and Chavez connived to transfer Special
Agent Mark Johnson back and forth between Grenada, MS and Texas in order
for Johnson to find a comfortable place to retire. Johnson Ultimately decided to
retire in Texas in December 2011.

In 2005, Special Agent Craig Tabor was the RAC for the OLE in Boise.
ID, when his wife discovered he was having an affair. Tabor then
became involved with another woman who was from Michigan and the OLE created
a field position for him and moved him at government expense to
Ann Arbor, Michigan.

Tabor eventually married the woman. When she wanted to move to


Illinois, labor' good friend Jackson moved them to Rosemont, IL in 2008 at
government expense, where labor eventually became the RAC.

Jackson was the Division Chief for the OLE in Arlington, VA in 2005/2006,
when he selected Special Agent Merrell Tidwell to become a Senior Special
Agent/Desk Officer at the OLE Headquarters. Tidwell and Jackson became fast
friends. Even though Tidwell exhibited an abrasive and assertive attitude amongst
his coworkers and the public, Jackson overlooked

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these traits and gave Tidwell favorable evaluations, because of their


friendship.

In- 1006/2007, Jackson became the SAC for Region Three. In 2007,
Jackson selected Tidwell to become the RAC for Ann Arbor, ML In this capacity,
Tidwell oversaw a staff of Special Agents, WI and an administrative staff that
worked in Indiana, Michigan and Ohio.

This was Tidwell's first experience as a supervisor and he was an abysmal


failure. You need two hands to count the number of employee grievances filed
against Tidwell. Woody's response was to transfer Tidwell at government
expense to Denver, CO. where he will become the RAC there, and Region
Six's problem!

Chang is notorious for arbitrarily changing a RAC Office from state to state
or city to city to promote/enhance the transition of his friends into retirement. Such
was the case in 2006 when Chang randomly promoted his friend Special Agent
Edward Dominguez (GS-12) to be the RAC (GS-13) in Las Vegas, NV, when
there was no prior history of a Resident Agent in Charge office being located
in Las Vegas, NV. The RAC office had previously located in Boise, ID. Such
action significantly enhanced Dominguez' retirement, when he retired in November
2009.

In 2006, Amato selected his buddy Special Agent John Neal (GS-13 Salt
Lake City, UT) to be the RAC, Valley Steam New York. Neal retired in 2008
with a grade of GS- 14. Amato allowed Neal to telecommute back and forth between
Salt Lake City, UT (Neal's principal residence where his family resided) and Long
Island where Neal maintained an apartment. Said move from a low geographic pay
locality to a high geographic pay locality increased Neal's retirement by 20% +1-.

During Neal's tenure in New York, Amato had been made aware that Special
Agents and the WI were at odds with one another, yet Amato did nothing. WI
Andrew Steelman took advantage of this discord within the office and he began to
embezzle wildlife inspection fees.

In 2007, Amato and Pruszenski moved RAC Kim W. Speckman at


government expense from Baltimore, MD to Fairbanks, AK. She retired
December 2008.

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In 2007, Chavez and Perez moved Senior Special Agent Marty


Hernandez a GED graduate at government expense from Arlington, VA to
Houston, TX. He retired January 1, 2012.

In 2008 Amato and Gale connived to transfer Special Agent Tim Ballard
from Richmond, VA at government expense to his home state of Arkansas,
where he retired in October 2009.

As a married man, Amato has a reputation within the OLE for having a
wandering eye. Amato was particularly smitten by Special Agent Ellen Kiley,
who formerly worked for him in Chelsea. MA until sometime in
2009.

Through this relationship Kiley confided she had family obligations in


Nebraska that necessitated her being transferred there at government
expense. Amato and Oherholtzer then schemed to create an entirely new duty
station in Beatrice, NE, a town with a population of 12,000 and a locality
with absolutely no nexus with the Mission of the OLE. Again the OLE Strategic
Plan for the period 2006-2010 specifies that the two Nebraska OLE Special
Agents who were already stationed in Nebraska, will be collocated with the FWS
Ecological Services in Grand Island, NE.

Once the transfer was effectuated it became apparent that Kiley was having
a long distance relationship from Massachusetts with Kansas Department of
Wildlife and Parks Officer Jeff K. Goeckler. The couple would eventually married
and settled in Washington. KS an even smaller town of 1,200, which is some fifty
miles from Beatrice, NE.

In 2009, Amato selected his hunting buddy William Anderson (GS-I I


Harrisburg, PA) to be Neil's replacement as the RAC, Valley Steam New York
(516.825.3950x231). Anderson will retire in 2012 with a grade of GS-14. Amato
allows Anderson to occasionally use a government vehicle to commute back and
forth between Harrisburg, PA (Anderson's principal residence where his family
resides) and Long Island where Anderson maintains an apartment.

Anderson is out of shape, overweight jovial sort of guy who is better suited
as a Santa Claus, once his hair turns grey and he grows a beard. He has had a
non-distinguished career (non supervisory/never made a arrest or

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testified before a Grand Jury) and he was hired by an earlier regime of Special
Agents because he allowed them to hunt on his property in upstate New York.
Since these hunting forays are continuing under the present regime, the OLE
invested ten of thousands of dollars to make 55-year-old Anderson a supervisor.
Said promotion and move from a low geographic pay locality to a high
geographic pay locality will enhance Anderson's retirement by 33% +1-.

Senior Special Agent Andrey Guidera (Valley Stream, NY -


516.825.3950) has led a charmed life as yet another close crony of Arnato's.
Guidera's first occupation is that of a semiprofessional mountain biker. Although he
has only worked for the OLE for some ten years, the Circle of Eight and in particular
Amato and Oberholtzer have moved Guidera at government expense some six times
(Hope Valley, RI, Amherst, MA, Mount Prospect, IL, Grand Junction, CO and
Valley Stream, NY) to allow Guidera to pursue his mountain bike career
(http://www.usacycling.org/sitesearch.php).

To a lesser extent Chang and Gale allow Special Agent John Elofson to
move back and forth between California and Florida (Ft. Meyers, FL -
239 561-8144).

Robert Prieksat has been an OLE Special Agent since 1998 and the RAC
(GS-13) in Pierre, SD, for the States of Nebraska, North Dakota and South Dakota
since the mid 1990s. Throughout his career Prieksat has been a conceited, ill-
mannered officious individual who was bad mannered and offensive to the public.

More to the point in 2004, South Dakota Governor Mike Rounds' office sat
down with Mowad, and voiced concerns about Prieksat's behavior in the field.
Moward asked for a chance to coach Prieksat on how to deal with hunters. But after
three more years of complaints about Prieksat's abrasive and aggressive behavior
dealing with hunters, the Governor's office is stepped in again
(http://www.rapidcityj ournal.com/news/local/top-stories/article acb6d4b76060-
558 a-93 0 f-3 0 f8 8e2 72770. html).

The Governor's office said there's been no change, so it's telling all South
Dakota officials and Game, Fish, and Parks officers not to co-operate or work
with Prieksat. Rounds said, "We want some folks who have some

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decent bedside manner, whether they be a law enforcement officer with the
Highway Patrol or the F.B.I or one of our game wardens, or someone who is
representing U.S. Fish and Wildlife. We simply think they have to be able to
treat the citizens of this state with dignity and respect."

Prieksat's actions have given South Dakota a bad reputation because people
sometimes have thought he worked for the state in an area that draws thousands of
waterfowl hunters each fall. Hunters claimed that Prieksat has tried to intimidate
them with rudeness, vulgar tirades or aggression. More than sixty people filed
written complaints and many people signed petitions calling for his removal.

However, an internal investigation by the OLE cleared Prieksat of the


misconduct allegations.

The Associated Press reported - A US. Fish and Wildlife Service agent
whom Gov. Mike Rounds publicly criticized fbr allegedly harassing hunters has
moved to a new state. Bob Prieksat is the regional agent in charge of South
Dakota, North Dakota and Nebraska. Prieksat now is based in Omaha, Neb.,
in a move that was effective Sept. 28, 2009. A spokesman for the Fish and Wildlife
Service said the move was at Prieksat's request. Prieksat refused comment. He is the
supervisor for SD, ND and NE. Bob Prieksat now is based in Omaha (Fort Calhoun,
NE). He is the regional agent in charge of South Dakota, North Dakota and
Nebraska. He still supervises fish and wildlife law enforcement programs in the
three states. A spokesman (Oberholtzer) for the Fish and Wildlife Service said the
move (at the government's expense) was at Prieksat's request (where he will retire
in December 2013. Prieksat move to Fort Calhoun, NE
(402.468.4218) was predicated in reuniting with his family there and his
wife securing a promotion in the new locality.

The OLE hasn't had any presence in Omaha, NE for decades until Prieksat's
arrival in contravention of the OLE Strategic Plan. Within a short period of time,
Prieksat went into retirement mode and although he gave up his supervisory
authority, he retained his GS-14 salary.

Like Prieksat, Chang's buddy the Wilsonville Oregon RAC Robert


Romero (503.682.6131) recently went into retirement mode when he resigned in
place to take a Senior Special Agent position, with no responsibility and the same
pay. The only problem is that the earliest

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Romero can retire is October 2018. Romero's wife Special Agent Kathryn Looney
is already on extended leave from the Wilsonville Office since October 2006.

Similarly, Pruszenski is conniving with Woody for the government to move


him at government expense to the lower forty-eight before his retirement date of
August 2015. Pruszenski talks about reuniting with family in Phoenix, AZ. so
the question begs to ask when will create a GS-15 special projects position for
Pruszenski?

Similarly, Chang was also scheming to do the same thing for years by having
the government pay for his move to his home state of Hawaii. In June 2012, Woody
did just that by creating an entirely new GS-15 special projects position for Chang
in Hawaii. So much for the government pay freeze. The only question that remains
is if Woody will move Chang to the Big Island of Hawaii? Perhaps Woody will
even move Pruszenski to Portland. OR?

Oberholtzer promoted Special Agent Richard Grosz who resides in


Bismarck, ND from a GS-12 to the GS-13/14 RAC for North Dakota and South
Dakota, never seriously considering a more experienced candidate for Pierre. SD.
Oberholtzer has always looked out for the younger Grosz because Grosz's father
was the individual who hired him.

Once again there has never been a RAC stationed in Bismarck, ND, so once
again Oberholtzer violated the OLE Strategic Plan by moving the RAC duty
station from Pierre, SD to Bismarck, ND. Moreover, Oberholtzer cavalier attitude
caused a loyal administrative staff to be displaced.

In 2010 Chang and Oberholtzer (303.236.7540) connived to transfer their


friend Special Agent Kevin Ellis at government expense from Grand Junction,
CO to his intended retirement home of Las Vegas, NV (702.388.6380).
Ellis reaches the mandatory retirement age of 57 on June 1,
2014.

Chang and Rogers expended tens of thousands of dollars in government


funds to move their office from downtown Portland, OR to the Tualatin National
Wildlife Refuge, 19255 SW Pacific Hwy Sherwood, OR (503.521.5300), in order
to be out of city.

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For decades the SAC Branch of Special Operations (GS-14) has been
stationed at headquarters to coordinate all OLE domestic and international covert
investigations. Similarly, from this venue the SAC would meet with and
coordinate with the various state, federal and international agencies that were
conducting complex overt investigations.

That all changed in 2009 through Special Agent Mark Webb's cozy
relationship with Deputy Chief Mowad, In selecting Webb as the SAC, he allowed
Webb to move at government expense to his retirement home of Mead, CO, so
Webb could eventually startup an aviation business known as Webb's Wildlife
Consultants.

When Webb retired in 2011, Woody appointed Gale who at the time was a
GS-15 SAC in Region Four, Atlanta, GA. Gale is overweight can't pass the
OLE physical exercise battery and doesn't handle stress well so he asked Woody
if he could to do something less stressful (in the last 10 years the Branch of
Special Operations merely conducted one criminal investigation) yet retain his
grade and remain in Atlanta, GA. Said action will allow for his two children,
age 18 and 14 to graduate from high school in Atlanta, GA.

In conjunction with the aforementioned personnel action Woody also made


RAC Santel (GS-13) (Springfield, IL - 217.793.9554) part of the Branch of Special
Operations, upgrading the position from a GS-13 to a GS-14. Like Gale, Woody
has allowed Santel to continue to work out of Springfield, IL, because Santel
doesn't want to move.

As a Good Old Boy member, Woody and his predecessors have violated
OPM policy for allowing Santel who is overweight and has a bad back and who
can't pass the OLE medical or physical exercise battery, to
continue working as a law enforcement officer. As it stands now, Santel can
continue to work and be eligible for a full law enforcement retirement
annuity when he turns fifty in January 2015.

Santel was the RAC for Illinois, Indiana and Missouri. With Santel's
departure, Woody and Jackson intend to pre-select Special Agent Paul Beiriger
who is stationed in Indianapolis, IN (GS-13 - 317.346.7014) to become the RAC
(GS- 14) in place, for the state of Indiana and another state(s) to be determined.
Moreover, Woody and Jackson are in the process

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of pre-selecting Tabor who is stationed in Rosemont, IL (GS-13 -


317.346.7014) to become the RAC (GS-14) in place, for the states of
Illinois, Michigan (remember Woody got rid of RAC Tidwell in Aim Arbor) and
other state(s) to be determined.

Again the OLE Strategic Plan for the period 2006-2010 doesn't factor in
RAC offices in either Rosemont, IL or Indianapolis, IN. Moreover, the OLE is
notorious for pre-selecting members of the Good Old Boy Network. Such actions are
not only devastating to the OLE moral, it substantiates that Woody is just like his
corrupt predecessors.

So now when we have the OLE becoming even more grade top heavy.
Woody has moved the SAC of Special Operation from Commerce City, CO to
Atlanta, GA. Woody has also upgraded the position from a GS-14 to GS-15.
He has added Santel a second GS-14 RAC in Springfield, IL and most recently
he hired/promoted Special Agent Dede Manera in place in Pleasantville. NJ. Then
there are three GS-13 Special Operations misfits who are not doing any criminal
cases in Commerce City, CO, RAC Suazo, and Special Agents Darling and
Special Agent Vance Jurgens.

Presumably when Gale retires, Woody will make Kevin Garlick the SAC
of the Branch of Special Operations and allow Garlick and his domestic partner
to move to their home state of Road island,

Gary Mowad was the SAC in Region Six (Denver, CO). He was
initially hired by the OLE in 1998 having earned his federal status as a Bug
Inspector with the United States Department of Agriculture. Mowad had a
particular unspectacular law enforcement career with the OLE, however through
his obsequious personality SACs Grosz and Riley anointed him a member of the
Good Ola' Boy Network.

In particular early on in his career, Grosz and Riley spent six figures to
train Mowad to be a pilot over many more qualified OLE Special Agents. Even
though Mowad left the field to become a midlevel administrator in the mid 1990s,
the OLE continued to pay thousands and thousands of dollars so that Mowad could
maintain his flight certification. Mowad continued to be a recreational pilot for
the OLE even though flying wasn't part of Mowad's job description.

In 1998, in effort to enhance his career and garner notoriety, Mowad

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who was a former teacher in Austin Texas at the Stephen F. Austin High School
convinced Grosz to use government funds to mount (stuff) and transport an
illegally hunted panther from Colorado to the school. The panther, which
eventually became the school's mascot was named Elroy.

Having been the beneficiary Good Old Boy Network, Mowad carried
forward the tradition of nepotism and favoring and rewarding Friends and Family
members of the OLE at the expense of outsiders. As previously described, Mowad
rewarded Ellis (Nevada) Kiley (Kansas) and Prieksat (Nebraska) by moving them
at government expense to their retirement homes. Mowad was also responsible for
making Grand Junction, CO a two-man duty station, merely so Guidera could
pursue a semiprofessional mountain biking career in the Rockies.

As Prieksat's immediate supervisor for over a half decade, Mowad was


aware of how Prieksat projected an aberrant, aggressive and
antagonistic personality toward the public, which lead to the Governor Rounds'
debacle. Every time Special Agent Grosz failed his yearly hearing test, Mowad
violated policy for allowing Grosz to remain a federal law enforcement.

By mid 2007, Mowad became the Deputy Chief for the OLE and Scully's
immediate supervisor. Mowad protected Scully when he failed to
terminate her for lying in an official administrative investigation. Mowad
selected his best friend Webb as the SAC for the Branch of Special
Operations, who at the time Webb was a lowly 55 year old GS-12 Special Agent
living in obscurity in Lincoln, NE.

In 2000, Mowad traveled at government expense to Nairobi, Kenya and in


March 2010 he traveled to Doha, Qatar. Did Mowad report the gifts he received
on these trips and other international trips he took on his annual on yearly
Executive Branch Confidential Financial Disclosure Report (Form 450)?

As the SAC Webb benefited in three ways - the government paid him
to move to his retirement home in Mead, CO. his retirement was enhanced from a
GS-12 to a GS-14 annuity, Mowad continued to use OLE funds for Webb to
maintain his pilots license even though flying wasn't part of

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Webb's supervisory responsibilities.

In the later part of 2010, it became apparent to Mowad that he didn't


have the star power to be the OLE Chief. As a result he orchestrated a
government paid transfer to his home state, as the Texas State
Administrator, FWS Ecological Services (8027 Exchange Drive, Austin,
TX 78754: 512.927.3557), where he will eventually retire.

Closing

The OLE should lament that the damage they inflict on the reputation
of law enforcement. Woody fails to recognize that the single-most serious
problem within the OLE is a pervasive culture of exclusivity, exempt from
the rules that govern all other employees of the Federal Government. A
further investigation would reveal an every larger group of individuals
wholly lacking in acceptance of or adherence to government
ethical standards management that through passive neglect, at best, or
purposeful ignorance, at worst, is blind to easily discernible misconduct.
Woody is incapable of leading by example and lacks the highest
ethical and professional standards. This must be corrected.

What you'll notice when you read the biographies of the OLE
Special Agents is that only a few have any college education, personal
financial responsibility or investigative acumen. Most are initial selected
by a SAC on a quid quo pro basis. I'll hire you, but you have to allow me
to hunt on your property; i'll hire you and someday down the road you'll
hire one of my family members. A long history of investigative
experience or ethics just doesn't seem to be one of the criteria for selection.

If you look at, by comparison at the biographies of the Special


Agents of the DEA, FBI, ICE or 0lG, you'd be shocked by the contrast.
Any other law enforcement institution in America is governed by officials,
who in the aggregate, represents several lifetimes of law enforcement experience.

Education, experience, leadership and ethics are absent at the OLE.


But don't take our word for it. Look at it yourself and make your own
assessment. Protecting the resource and stopping wasteful abuses of pubic
trust and funds rests in the hands of some fifty relatively inexperienced
and unethical OLE managers.

54
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The OLE should be applying criminal sanctions to only the most significant
and egregious violators, however under the Woody and the Circle of Eight they
will pursue every de minimis investigation to garner the spotlight. If there
are any doubters, just do a Google Search for BLM Law Enforcement Year - End
Review. Woody has expended hundreds of thousands of dollars and man-
hours to get this slick propaganda publication distributed in order to get his name out
whenever he chooses to enter the public sector to make his King's Ransom. In the
meantime he is preparing to debut a similar costly version for the OLE.

There is ample historical precedent wherein the Department of Justice has


temporarily taken over the administration of dishonest and corrupt police
departments until the offending officials were replaced. Beyond the aforementioned
lapses in personal judgment within the OLE, there also have been numerous failures
in managerial oversight, training, and planning by OLE managers. Given the
frequency and the number of Special Agents involved, it is hard to imagine that
OLE managers will stop these episodes, until the DOI-OIG temporarily takes over
all aspects of hiring, training, promotions and transfers within the OLE; and until
which time the DOI-OIG and the Secretary of the Interior are satisfied that the OLE
is on the right track. These scandals have long-term consequences in regards to
agency moral and they reinforce impressions of arrogance to the public.

Least we forget, OLE Special Agents are keenly aware that even their
predecessor/colleague Special Agent Kelvin Smith nearly succeeded in escaping
the wrath of the Eleventh Commandment ("Don't Get Caught") when on
government time and using government equipment
(vehicles/weapons) Smith trained Ramzi Youset et al., the perpetrators of the
1993 World Trade Center Bombing. Moreover, OLE Special Agents are perceptive
enough to realize that Smith even after he was implicated was merely
incarcerated for one year and a day, a slap on the wrist. The DOl-OIG
was asleep, as were the OLE managers and the OLE Special Agents at large.
Nothing is different today.

Woody and his OLE managers are on a rudderless path of waste, fraud
and abuse. Someone should he channeling Nikita Khrushchev and pounding a
shoe on the podium until the Secretary of the Interior or some higher authority
listens, asking for Woody's resignation.

55
Case 1:18-cv-00162-SPW-TJC Document 1-5 Filed 11/13/18 Page 57 of 57

Interior Secretary Ken Salazar in facing Congress about the Deepwater


Horizon Oil Well blowout in the Gulf of Mexico said that the majority of the
II
agency's employees were honest and capable but that there remained a few bad
11
apples. He said that anyone found guilty of negligence or corruption
would be rooted out. Similarly, Defense Secretary Gates in the Walter Reed
Hospital debacle asked for the resignations of some dozen high-ranking generals
and admirals for their misdeeds. The same should hold for the OLE and if you can't
terminate them, then you can surely relocate them to a venue where they will be
miserable, without a government vehicle and without their LEAP.

AFGE Wildlife Inspectors Bargaining Unit, Local 2103

56
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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 2 of 103

August 20, 2018

To Whom It MayConcern,

Question: Who will connect the dots with regards to the enumerated allegations
in the attached White Paper, which have been perpetrated by employees working
at the Bureau of Land Management Office of Law Enforcement and Security
(BLM OLES) and the United States Fish and Wildlife Service Office of Law
Enforcement (FWS OLE)?

Question: Why does Senator Mike Lees 1 (R-Utah) want Congress to rein in the
law enforcement authority of BLM OLES and the U.S. Forest Service (USFS), by
crafting legislation he says will either restrict or abolish their authority?

Question: Why does Senator Lee want Congress to effectively support the end
of protection to both the Bears Ears and the Grand Staircase-Escalante National
Monuments?

Question: Why does Senator Lee want Congress to protect the states from the
presidential abuses of the Antiquities Act of 1906?
\
Question: Why is Senator Lee and other government officials tolerating
nepotism and other quid pro quo schemes that are being perpetrated by BLM
OLES and FWS OLE law enforcement officers?

Question: Why did President Trump pardon Oregon cattle ranchers Dwight L.
Hammond (age 76) and his son, Steven D. Hammond (age 49)?

Question: What caused the Department of Interior Office of Inspector General


(DOI OIG) to conduct a search of a safe located in the headquarters of the BLM
OLES, which contained property receipts which indicated more than ten
thousand dollars ($10,000) in unaccounted gift cards had been given to BLM
. ,.,
OLES law enforcement officers"'.

Question: What do the following nine (9) individuals have in common - D'Andre
Bergardt Jr. 3 , Fish and FWS OLE Special Agent in Charge (SAC) Kenneth
4
Charles Endress, Robert LaVoy Finicum and 5 , Ted Dan Gardiner, Kent

1 Senator Lee sits on several committees to include the Chair, Subcommittee on Public Lands, Forests,
and Mining.
2 DOJ OJG report number 17-0820, dated March 19. 2018.

3 An unarmed Berghardt Jr. (age 20) was shot and killed by two Bureau of Land Management rangers

during an encounter on State Route 159 on February 14, 2014. A Nevada Highway Patrol Trooper
Lucas Schwarzrock who was also present did not fire his gun during the ordeal.
4 In 1992, Latter Day Saint Gregory T. Bretzing graduated from Brigham Young University with an

accounting degree. At the time Bretzing's father. Richard Bretzing was the FBI SAC in Los Angles,
CA. After graduation. the senior Bretzing was instrumental in getting his son who at the time was
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 3 of 103

working as an accountant with Ernst and Young hired by the FBI. In January 2004. FBI Special Agent
(SA) Gregory T. Bretzing was transferred to the Salt Lake City Field Office, where he managed the
Joint Terrorism Task Force. Simultaneou,,Jy, Bretzing was the FBI's case agent for Operation Cerberus
Action along with BLM OLES SA Daniel P. Love.
As the FBI point man. Bretzing was responsible for paying Ted Gardner the informant in
the investigation a salary of over $200,000 dollars (FBI funds) and another and $335,685 of FBI
funds for Gardner to purchase artifact~.
On June I 0, 2009, Bretzing oversaw the activities often or twelve-member high-risk
warrant FBI SWAT team, who were executing the arrest and search warrants of the subjects of the
O11eration Cerberus Action Investigation.
Subsequent to the investigation. Bretzing was promoted to Assistant Special Agent in
Charge (ASAC) where he led the office's criminal branch.
In August 2012. Bretzing was appointed as an inspector in the Inspection Division, FBI
Headquarters.
On March . 2014, Director James B. Corney selected Bretzing to serve as SAC ol the FBI\
Portland Division.
As the Portland SAC. Bretzing led the FBI Joint Terrorism Task Force that investigated the
takeover of the Malheur National Wildlife Refuge by Bundy et al. On January 26. 2016. Finicum was
shot/killed by two Oregon State Troopers who discharged a total of three rounds at Finicum. At the time
Bretzing also supervised the FBI Hostage Rescue Team.
Investigators with the Deschutes County Sheriffs office were assigned to process the scene
ofFinicum's shooting and they determined that FBI SA \V.JosephAstarita. a member of the FBI
Hostage Rescue Team had fired twice at Finicum. missing and injuring a second militant in the
process. Astarita was under investigation, along with four other FBI agents who were suspected of
attempting lo conceal evidence of the gunshots. The agent:.. reportedly told investigators that none of
them fired a shot during the incident.
At the conclusion or the Malheur National Wildlife Refuge takeover, Bretzing resigned in
order lo become the Director of Global Security and Special Projects for the Greenbrier Companies, I
Centerpointe Dr #200. Lake Oswego, OR 97035: (503) 684- 7000.
On July 24, 2014, Bretzing was the first witness to testify in the Astarita trial. During his
testimony, multiple points were revealed that were never disclosed to the defendants in the two
prior Malheur Protest trials. of which the Astarita trial centers around. This information is
considered cxcu lpatory Brudy Material, and which would have been required to be turned over to the
defense. Similarly. what Bradv Material did Woody's SAs withhold from the defense. in the
aforementioned investigations?
5 In 2011 KSL-TV Utah conducted a yearlong investigation of the FBI Field Office in Salt Lake
City regarding security violations. The alleged violations had been first reported by a SA in Phoenix
and alleged a leak of classified information that could threaten national security. Bretzing, than out of
the FBJ's Portland, OR and current SAC of the Malhuer Occupation and the Fini cum shooting was an
ASAC al the time of the Salt Lake City security investigation. The report prompted the Salt Lake City
field office to begin re-evaluating its security procedures, according to sources inside the FBI.
Security clearance procedures were reassessed to ensure each individual had the appropriate
credentials and access.
The story detailed allegations of multiple violations of internal FBI policies, including lax
oversight of classified documents stored inside the FBI's Salt Lake City field office; violations of
policies that govern the issuance and use of FBI credentials: the failure to enforce rules that restrict
access to areas where classified documents are kept; and concerns that high-level FBI officials may
have covered up a formal complaint of security violations. The FBI declined to officially comment on
any of the allegations.
Nearly a dozen self-described whistleblowers- including those with strong ties to the FBI's
Salt Lake field office- came forward to expose potentially serious security breaches, including the
removal of classified documents from the office contrary to strict FBI protocol. The whistle blowers
were interviewed as part of the yearlong investigation that was able to corroborate much of what
each source reported by conducting individual interviews without the knowledge of other sources.

2
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 4 of 103

Jorgensen, James DeMar Redd, M.D., Steven L. Shrader, Kathryn Michelle


Steinle and Robert Wayne Weaver?

Question: What do the following nine (9) investigations have in common -


Christopher Kortlander dba the Custer Battlefield Museum Investigation, the
Cerberus Action lnvestigation 6 , the Gibson Guitar Corporation Investigation, the
Upper Peninsula North Fish Company (UPNFC) Undercover Investigation, the
Blanding Canyon Ride Investigation, the Burning Man Events, the Trespass of
Cattle at Gold Butte/Mormon Mesa/Bunkerville Flats Investigation and the
Occupation of the Malheur National Wildlife Refuge Investigation?

And the saga continues! On June 10, 2018, nurse Denise Mejia suffered a
gunshot wound to the back of her head and her hand after being confronted by a
BLM OLES officer who opened fire at her without warning. Mejia was
accompanied by her husband when the couple were operating their ATV Four
Wheelers near Joshua Tree National Park.

Answer to the aforementioned questions: The common thread with the


aforementioned individuals and investigations is William C. Woody7 and Jeanne
Marie Van Lancker 8. Arguably, Woody and Van Lancker transformed the BLM
OLES into the least competent law enforcement agency in the country, turning
peccadilloes into a national crisis. On June 16, 2017, Interior Secretary Ryan
Zinke announced he was reassigning Woody back to the BLM OLES.

During their tenure Woody and Van Lancker hired, trained and supervised all of
the BLM OLES SAs and Park Rangers (SA) mentioned herein and who were
either indirectly or directly responsible in the aforementioned investigations and

The sources provided details of multiple violations of internal FBI policies, including lax oversight of
highly classified documents stored inside the Salt Lake City office's Secret Compartmented
Information Facility: the failure to enforce rules that restrict access to areas where classified documents
are kept; violations of policies that govern the issuance of FBI credentials: and concerns that high-
level FBI officials may have covered up a formal complaint of security violations.
"The actions that Salt Lake City is taking definitely could jeopardize national security," one FBI
source said. 'Tlua a big problem. That's o huge problem ,vith catastrophic con.1equences. ""/zhatl
turned that place upside do,rn, "an FBI source said "It {was/ pandemonium.'' "lt'sa huge deal," another
FBI source .1aid. 'We 're talking about the pinnacle of'lmr erif'orcement And they'pe got corruption inside
their own office." Special Agent in Charge lames Mc Tighe and the two assistant special agents in chorge,
Ken Porter and Bretzing, were said to he l'isibly concerned. Don Ward. the .1pecial age Ill in charge(){
security. 1rns reportedly just as worried".
6 On June 10. 2009, when the search warrant was being executed at the Red d's residence. Woody and

then-Interior Secretary. Ken Salazar wl1ere in Salt Lake City, Utah to announce the unsealing of
twenty-four indictments relating to the subjects of the Cerberus Action Investigation.
7 Woody served as the Law Enforcement Director of the BLM OLES from August 5, 2003 until March

7, 2011, when he was appointed as the Chief of the FWS OLE. During Woody's tenure with the BLM
OLES Van Lancker was the Deputy Director of Operations of the BLM OLES, the second ranking law
enforcement officer after Woody. Subsequent to becoming the Chief of the FWS OLE, Woody brought
over to his new agency, Van Lancker, Senior Special Agent (SSA) Noel Devon Wagner and
Executive Assistant Joan M. Mundt.
8 With Woody's departure. Van Lancker is jockeying to become the next FWS OLE Chief.

3
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 5 of 103

the deaths of the aforementioned named individuals. Moreover, Woody and Van
Lancker instituted national BLM OLES policies, which enabled their law
enforcement officers to create an atmosphere for both an abuse of power and
incompetence.

Have you ever watched the prophetic clip from the movie The Enforcer, wherein
Clint Eastwood is interviewing Officer Moore (Tyne Daly) for a promotion from a
personnel/records beat cop to an Investigator with the San Francisco Police
Department? Eastwood: Well Miss Moore, maybe you'll tell us about your most
important felony arrest? Moore: I've never made a felony arrest. Eastwood: Well
maybe then you'll tell us about your best misdemeanor arrest! Moore: I've never
made a misdemeanor arrest either. Eastwood: Then what the hell gives you the
right to become an Inspector, when there's been men out there on the street for
ten or fifteen years? ... What do you think this is some encounter group ... I want to
know what officer Moore is going to do when someone points a gun at her and
tells her to hit the deck you son of a bitch. Well if she fails out there, she gets her
ass blown off ... Moore: It's my ass and my hard luck! Eastwood: Except out
there you're going to have a partner, if you get blown away, he gets blown away
with you, and that's a hell of a price to pay for being stylish!

Well then, Woody and Van Lancker have hired and promoted a lot of stylish
individuals to become BLM OLES and FWS OLES Investigators, who either
lacked the interpersonal skills or who were beat cops who merely wrote tickets in
the capacity of state/federal conservation officers/inspectors. Then there are the
Secret Service SAs, U.S. Air Marshalls or U.S. Border Patrol Officers, who might
be proficient at conducting security details, but are never the less inept as a BLM
OLESIFWS OLE investigator, when it comes to problem solving, decision
making, negotiation skills or listening skills. Moreover, coming from this police
background, rather than a resource management background, these individuals
can't determine the provenance an antiquity, let alone the difference between a
bison and a musk ox, a wolf and coyote, or a turkey vulture and a golden eagle.

Under Woody's and Van Lancker's regime rather than promoting public
outreach programs in order to garner the public's compliance, the managers
employed shock and awe tactic, as was the case in the Custer Battlefield
Museum Investigation, the Cerberus Action Investigation, the Gibson Guitar
Corporation Investigation or the Trespass of Cattle at Gold Butte/Mormon
Mesa/Bunkerville Flats Investigation.

SAs have a lot in common with U.S. Congressmen and U.S. Senators whose
federal careers are ephemeral, so they must constantly self promote themselves
in preparation for a second career9_ Whereas politicians are subject to the whims
of the voters and measured by the laws they pass, SAs are fighting father time as

9
UnlikeformerCIA Director John Brennan, all of the SA listed herein, to include those who either
resigned or who were terminated, have retained their security clearances in order to pursue a
subsequent career in retirement as a federal government contractor.

4
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 6 of 103

they're required to retire upon reaching fifty-seven. In pursuing these second


careers, Woody, Van Lancker and their subordinates' government careers are
measured by the likes of high profile arrests and the execution of controversial
search warrants, not by public outward reach programs.

For example, the 2012 failed FWS OLE Upper Peninsula North Fish Company
(UPNFC) Undercover Investigation is not unlike the failed Custer Battlefield
Museum Investigation. In a 2015 press release, SAC Gregory M. Jackson
bragged the UPNFC investigation was the largest undercover probe in the
Michigan Upper Peninsula history - but so far as of this date, the investigation
has resulted in only four class A misdemeanor charges against one of the
subjects of the investigation. Similarly as was the case of Love, the narcissistic
case agent FWS OLE Christopher Jon Aldrich, received a promotion, to the
position of the Resident Agent in Charge (RAC) 10_

Prior to June of 2017, the date when Zinke reinstated Woody as the Law
Enforcement Director for the BLM OLES, Woody made sure to place several of
his former cronies from the BLM OLES into management positions within FWS
OLE, which is all to the obvious future determent of the FWS OLE. These
individuals include, SA Steven Robert Stoinski, Division Chief (DC) Van
Lancker and Senior Special Agent (SSA) Noel Devon Wagner 11 .

Woody and Van Lanker also supervised one of the good old BLM OLES boys
SA Brian Richards, who was employed by the BLM OLES during the period
October 2001 to August 2008. During his tenure with the BLM OLES Richards
participated in both the Custer Battlefield Museum Investigation and the
Operation Cerebus Action Investigation. The FWS OLE hired Richards in August
2008 12

Subsequent to Richards departure from the BLM OLES, several of his former
collogues also left the BLM OLES to work for either the FWS OLE, the National
Park Service (NPS) or the U.S. Forest Service (USFF); all due to the fallout over
the Custer Battlefield Museum Investigation, the Cerberus Action Investigation
and the Trespass of Cattle at Gold Butte/Mormon Mesa/Bunkerville Flats
Investigations. Unlike Richards, these collogues conceal that they've previously
worked for the BLM OLES, out of fear they'd be tracked down like a war
criminals. Now they're ticking time bombs working at new agencies,
metastasizing and programmed with the faulty ethics, morals and values which

IllRAC Aldrich was promoted hy Jackson and Woody. Aldrich is stationed at 317 Mety Drive. Suite
L Ann Arbor, MI 48 IO 3: 734 .995 .0439.
11 Wagner retired in June 2018. Wagner's brother is Lanny Wagner (366679 Road. PS. Mancos. CO

81328), was Woody's former Chief BLM OLE Ranger for the state of Colorado.
Richards is cmTently stationed at 21 55 West Forest Street, Brigham City. Utah 84302
~=~:.;.....i.==·
<Office: 435 .734.6446; Cell: 8 01 .39 1-5227> ......... Richards resides at 5337
South 4300111 West Hooper. UT 84315: 412.227.0998.

5
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 7 of 103

they garnered from the likes of Woody, Van Lanker, Love and retired BLM
OLES Chief Salvatore (Sal) R. Lauro 1
;

Lauro was the subject of a 2015 DOI OIG investigation 14 wherein he admitted to
DOI OIG investigators he took no action when he saw Love use BLM ATVs and
BLM OLES personnel to transport Love's family during the Burning Man
Festival. Moreover, Lauro knew Love allowed his girlfriend to share his BLM
OLES overnight lodging accommodations throughout the event.

Lauro was also the subject of a 2017 DOI OIG investigation 15 wherein he
admitted to DOI OIG investigators he had received three (3) moqui marbles from
6
Love. The three (3) moqui marbles were part of thousands of moqui marbles1
which had been illegally taken from a national park in 2012. In part the DOI OIG
investigation also disclosed that Love had distributed the moqui marbles to a
BLM OLES contractor and several other unnamed BLM OLES law enforcement
officers, during the period after they were seized in 2012 until 2016.

Woody views himself as a ban vivant living a refined lifestyle, traveling the world
on the public dole in first class accommodations, be it in an aircraft traveling at
40,000 feet above the ground or a at five star resort. Woody has great latitude in
deciding when and where he travels to. For example, he can tour the FWS OLE
National Eagle and Wildlife Property Repository in Denver with U.S.
17
Congressman Jason Chaffetz ; he can travel to Albuquerque to visit his father
Jack B. Woody; fly to Alaska to see his sister Carol Ann Woody; or make to
connections with Non-governmental organizations (NGOs) in pursuing a post
retirement career, by glad-handing with the rich and famous at the September
27, 2017 Jackson Hole Wildlife Film Festival.

Or Woody can travel to Kenya 18• Sudan 19 or Utah to visit his friends as when he
fabricated an excuse to give a speech at the University of Utah on October 7,
2015. Woody's favorite trips are those he takes to Hawaii or San Diego to get
away from Washington's frigid winter temperatures; or the international trips he
makes to visit his attache's in Botswana, China, Gabon, Peru, Tanzania, or
Thailand. Best of all he can use the frequent flyer mileage and hotel points he
accumulates to bankroll his personal trips for himself, his second wife and their
five children.

L1 On December 24. 2008. Salvatore (Sal) R. Lauro was selected as Chief for the United States Park
Police (USPPJ. He i~ a native of Brooklyn. New York and a graduate of the Polytechnic Institute of
Brooklyn. graduating in 1974 with a B.S. in Aero space Engineering. Lauro was the BLM OLES Chief
during the period 2011 until June 27, 2018.
14 DOI OIG posted to the web January 30, 2017.
15 DOI OIG posted to the web August 24. 2017.
16 A Utah professor who examined the moqui marbles estimated the total wholesale value of the

seized marbles at between $80.000 and $260,000 or a total retail \ alue of S 160,000 to $520,000.
1· June 29. 2016.

1°2016trip.
January 2017 trip.

6
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Subsequent to Zinkie reassigning Woody back to the BLM OLES Woody's


international excursions have ended and his domestic forays are confined to the
west where the BLM's public lands are located. But don't shed any crocodile
tears for Woody because he holds the trump card, which is the all expensed
move from his residence20 to a retirement home in the west where he is from, to
the venue where Zinke ultimately decides to move the new BLM OLES
headquarters, be it Colorado orUtah.

Since returning as the Law Enforcement Director for the BLM OLES, Woody has
personally selected the following individuals to become the SACs for the BLM
OLES five (5) law enforcement regions: Region One SAC Kynan Barrios 2 1,
Region Two SAC Jeffrey Duhrsen 22 , Region Three SAC Rand Stover23 , Region
Four SAC Gary Mannino 24 and Region Five SAC Warren Templeton 25 . What
roles did these SACs and the other law enforcement officers who continue to
work for the BLM OLES and the FWS OLE play in the deaths of the
aforementioned individuals or failed investigations?

Question: Why is Senator Lee and other government officials punishing the
public, rather than investigating the BLM OLES and FWS OLE law
enforcement officers enumerated herein?

Question: Who will investigate Woody, Van Lancker26 and Lauro and the
other BLM OLES and FWS OLE law enforcement officers who have failed to turn
over Giglio and Brady evidence to U.S. Attorneys?

If you are truly interested in connecting the dots you should initiate a Freedom of
Information Act (FOIA) request27 and review the social media profiles (Facebook,
Indeed and Linkedln) of the below named individuals, to include those
enumerated in the White Paper, in order to ascertain how these bad actors
continue to monetize their security clearances 28 . Many of these individuals

1351 Matthew Drive. Huntington, MD 20639.


c I Barrios is the SAC of Region One (California: Phone: 9 I 6. 978-4457) .
Duhrsen is the SAC of Region Two (Alaska, Idaho. Oregon and Washington: 907.271.3404).
Stover is the SAC of Region Three (Utah and Nevada: 435.673.2184).
Mannino is the SAC of Region Four (Colorado. Eastern States, Montana. the Dakotas and Wyoming:
303.239.3853).
2 5 Templeton i~ the SAC of Region Five (Arizona, New Mexico. Oklahoma and Texas: 602-417-9318).

:<,woody ;,erved as the Law Enforcement Director of the BLM from August 5. 2003 until March 7.
2011. when he was appointed as the Chief of the FWS OLE. In June of 2017, Zinke appointed Woody
as the Law Enforcement Director of the BLM OLES.
=- The information requested should include employee disciplinary actions. employee evaluations.
employee travel vouchers. BLM OLES/ FWS OLE investigative reports and BLM OLES/FWS OLE law
enforcement polices.
28 Among people who have been involved with national security clearances. the whole-person concept

has become widely known and often misunderstood. Applicants for security clearance are eYaluated
on potentially disqualifying and mitigating conditions listed in the Ac(judirntive Guidelines for
Determining Eligibility for Access to Classified Information. The adjudicative process is an
examination of a sufficient period of a person's life to make an affirmati vc determination that the

7
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 9 of 103

continue to work for NGOs, the BLM OLES or the FWS OLE as investigators or
trainers - former FWS SAC Salvatore M. Amato 29 ; retired BLM SAC Chris
Bron 30 , retired FWS SAC Jill Janet Birchell, Esq. aka Jill Janet Schweiger,
Esq. 31 , Paul Richard Chang 32 , SAC Nicholas E. Chavez33 • retired BLM SAC
Bart A. Fitzgerald 34 , retired FWS SSA Mary French 35 . retired FWS SA Robert
Doug Goessman 36 , former FWS SSA Rick D. Giovengo, PhD 37 , retired FWS
DRAG Samuel F. Jojola 38 , RAC Thomas John Karabanoff 39 , retired FWS SAC

person is an acceptable security risk ... The adjudication process is the careful weighing of a number of
variables known the ,rhole-1JCrson concept. Available, reliable information about the person, past
and present, favorable and unfavorable, should be considered in reaching a determination. In
evaluating the relevance of an individual's conduct. the adjudicator should consider the following
factors:
I. The nature, extent. and seriousness or the conduct;
2. the circumstances surrounding the conduct, to include knowledgeable participation:
3. the frequency and recency ofthe conduct;
4. the individual's age and maturity at the time of the conduct;
5. the extent to which participation is voluntary;
6. the presence or absence of rehabilitation and other permanent behavioral
7. changes: the motivation for the conduct:
8. the potential for pressure, coercion. exploitation. or duress; and
9. the likelihood of continuation or recurrence.
2 ') Amato is employed by the United States Agency for International Development (USAID) Wildlife

Asia as a Law Enforcement Specialist


(salvatore.arnato@1 usaidwildlifeasia.org). Amato also operates the sole proprietorship SMA
Consulting, 210 Jensen Street, Belchertown. MA O1007; 413.835.1182;
smato@smaprofeonsulting.com
-' 0 Brong is a Skamania County Washington commissioner who receives a S57,300 annual salary.

' Birchell was the subject of a 2013/2015 DOI OIG investigation.


1

2
' Chang is the face of the FWS OLE Harvey Weinstein/ #MeeToo Movement.

'' 447 FW 2 is the policy section regulatinf!, undercover operations undertaken by the FWS OLE.
The policy dictates that undercoFer operations can only be undertaken as a last resort after all 0Yert
investigative techniques have been exhausted, which was not the case of Operatioll Al Zuni. Rather,
an inquiry will disclose the investigation was conducted as vehicle to make Chavez a Clark R. Bavin
law enforcement award recipient. lf such was the goal than the award should've been awarded to
FWS OLE SA Russell Stanford.
34 Fitzgerald was the BLM OLE case agent during the execution of the search warrant at the Custer

Battlefield Museum. Fitzgerald is employed as a Senior Investigator with Freeport-McMoRan, 333


North Central Ave., Phoenix, AZ 85004; 602.366.8 I 00.
3, French retired in January 2017.

' 6 Goessman was the FWS OLE case agent during the execution of the search warrant at the Custer

Battlefield Museum. Goessman is currently stationed in Bangkok, Thailand. where he's employed by
the U.S. Department of State, International Law Enforcement Academies (ILEA). as a Wildlife Law
Enforcement and Investigations Consultant and Instructor.
37 Giovengo operates the sole proprietor;,hip Human Performance Consulting, I 00 Southwood

Cove, Brunswick, GA 31525; 843.566.3380: thegiovengos@aol.com.


' 8 Jojola (samueljojola@gmail.com l purports to be a SAG actor who provides technical undercover

law enforcement guidance to the j,/111 industry, the PPJ Gaz.ette Internet blog, the World Allimal News
blog, and a generalist Internet blogger.
19 Despite having a drinking problem and his prior conviction, in 2015 Karabanoff received a

monetary award.

8
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 10 of 103

Richard McDonald 40, retired RAC Douglas Robert McKenna41 , retired FWS
Deputy Chief Gary Glen Mowad 42 , retired FWS Chief Benito Arturo Perez43,
FWS RAC James Dean Stinebaugh 44 , FWS SA Stoinski 45 , and retired FWS
SAC Mark Webb46.

In closing Woody has been employed by the Department of Interior (DOI) since
August 5, 2003, and it's a miracle that under his leadership the DOI has narrowly
avoided the calamity which the Bureau of Alcohol and Firearms (ATF)
succumbed to during the Ruby Ridge Siege and the Waco Siege.

Questjon: Who will shine the light, which is the disinfectant for the allegations,
listed herein? Clearly it's Zinke, BLM Director Brian Steed, SLM Acting Deputy
Director Margaret Schneider47 , or BLM Chief Ranger Stephanie Clark48 , all
who are aware of the allegations enumerated in the attached White Paper. As
Americans you have a right to know!

BLM OLES Special Agents


Federal Wildlife OfficersAssociation

40 McDonald was formerly employed as a detective with the Marion County Sheriff\ Office, Cold Case
Homicide Squad.
41 McKenna operates the sole proprietorship ENVIN. LLC. (www.en\·inllc.com) out or his residence at

32 Heights Court, Sandia Park. ;\/M 87047 and P.O. Box 761. Sandia Park. NM 87047: 505.553.3834;_
dmckenna427@gmai l.com
42 Mowad is employed as an environmental consultant by the Burnside Environmental Group. P.O

Box 1052, Clarksville. AR 72830-1052. Mowad also operates a sole proprietorship Environmental
Consulting, 10622 EastTroon Drive. Scottsdale, AZ,85262: 512.626.7158; GMECConsulting@aol.com.
43 Perez works as a consultant for the United Nations Office on Drugs and Crime (UNDOC). He resides
at 1507 Valencia Ave .. Pharr, TX 78577- 7076; 361.664.8886.
44 Stinebaugh became the Houston RAC in July 2018.
45 In 2000, FWS OLE Managers failed to due their due diligence in hiring Stoiniski's friend Richard

Reed, a Utah State Park Ranger. In 1997. Stoinski was aware but had concealed that Reed had
illegally killed a deer and an antelope on Antelope Island State Park. Only after Reed was hired by the
FWS OLE in 2000, did Stoinski earn brownie points by making their former boss Woody aware of
Reed's transgressions. Nevertheless once Stoinski was employed by the FWS OLE he flaunted his
position in routinely misusing government motor vehicles/aircraft, illegally hunted waterfowl, fishing
without a license. while simultaneously acting as an affiant in failing to disclose his personnel files
contained derogatory Gif{lio and Brady material that would preclude him from being an affiant for
arrest/search warrants.
Webb operates the sole proprietorship Webh's Wildl(fe Consultants, LLC, 3419 Sweet Meadow
Court. Mead, CO 80542; 970.535.025 l and 970.373.6355.
47 Schneider took the place of Michael D. (Mike) Nedd who was Lauro's immediate supervisor.

'18 Although Steinle was killed with a handgun belonging to Woychowski, on December 9, 2015, Clark in
promoted Woychowski to the position of the supervisory Staff Law Enforcement Ranger for the El Centro
California Field Office. Clark wrote. John is an accomplished Field Training Instructor and provides
tremendous guidance to his trainees, El Centro Rangers. and peers throughout the nation; experience
greatly needed as El Centro prepares the next generation of rangers.

9
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 11 of 103
Secretary Zinke Names MikeNeddasNew Acting-Directorof
BLM
3/16/2017

I Courtesy ol lnteriOf'Ooparunent Interior Sm:retary ~1yan Zinke with nmNly mimed acting BLM Director Michael Nedct I Courtesy of Interior Departmern
Interior Secretllry Ryan Zinke with n& 1vfy n;imed ;icting BLM Director Midmel Nedd
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 12 of 103
all Bureau of Land Management C ... 0 L Follow .L v
. , @BLMca

Stephanie Clark, Chief #LawEnforcement


#Ranger for @BLMca served 10 yrs in
@uscoastguard & @AirForceReserve.
#BLMvets

9:01 AM - 9 Nov 2014

2 Retweets 7 Likes - 869 *


GO
Q t.l. 2 V 1
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 13 of 103
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 14 of 103

OLE Chief Woody and David Hubbard, SAC of the International Operations Unit,
attended an elephant ivory and rhino horn burning in Kenya. Photo: DOI
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 15 of 103

Law Enforcement Chief speaks at the 2015 Society for Wildlife Forensic Science Conference

I! I. July 20,2015

The world's foremost wildlife forensic scientists met in Missoula, Montana at the The 2015 Society for Wildlife Forensic
Science Conference. Photo caption: Chief Woody with Service Forensic Scientists. Photo credit: USFWS

Read More
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 16 of 103

Congressman Jason Chaffetz toured the National Eagle and Wildlife Property Repository

August 8, 2016

Jason Chaffetz, Chairman of the House Oversight and Government Reform Committee and Representative of Utah's
3rd Congressional District toured the U.S. Fish and Wildlife Service's National Eagle and Wildlife Property Repository
on July 29, 2016. OLE Chief William Woody and Coleen Schaefer, Supervisory Wildlife Repository Specialist, led the
tour for the Chairman, who was joined by his wife and Committee Staff Director. Photo caption: Chief Woody and
Congressman Chaffetz. Credit: USFWS
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 17 of 103

President Donald J. Trump


The White House
1600 Pennsylvania Avenue NW,
Washington DC 20500

August 4, 2017

Re: Whistleblower Allegations Regarding The Bureau of Land Management


Office of Law Enforcement (SLM OLE) & The U.S Fish & Wildlife Service, Office
of Law Enforcement (FWS OLE)

Dear President Trump,

Thank for donating your first salary check to the National Park Service (NPS).
However, we respectfully request you consider the allegations listed herein, prior
making a similar donation to either the Bureau of Land Management (SLM) or the
U.S. Fish and Wildlife Service (FWS).

During the course of your presidential campaign you promised to Drain The
Swamp in Washington, D.C. Unfortunately, your appointment of Ryan Zinke as
the fifty-second Secretary of the Department of Interior (DOI) is further
contaminating the swamp which is the Office of Law Enforcement programs of
both the SLM OLE and the FWS OLE.

Many individuals listed herein are seeking employment opportunities under


Secretary Zinke with the FWS OLE, in either filing Senior Executive Service
(SES) vacancies, temporary post retirement employment vacancies as
international trainers or as consultants. Many of these individuals herein have
Giglio/Henthorn1 issues in their background (Brady material). Many of the
individuals listed herein are byproducts of nepotism, who are jockeying for
position in seeking employment opportunities within the FWS OLE, for the next
generation of friends and family.

The FWS OLE has been subject to a number of agency and employee
investigations into allegations of misconduct, which were conducted by the
United States Department of Interior, Office of Inspector General (DOI OIG), to

1
Brady material is any information the government. or those acting on behalf of the government. has
that may he beneficial to the defense. This includes information that may weaken the government's
case or undermine the testimony or credibility of the witness. Giglio v. United States (1972) is an
extension of Bradr to include material that would impeach the character of a government witness.
Impeachment material can include honesty, integrity. impariality, and the credibility of an expert
witness. United States v. Henthorn ( I 991) is an extension of Giglio to include requests for personnel
records of a government witne:-,s. These records may contain exculpatory information about the
witness.
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 18 of 103

include an Assessment Report dated February 13, 20072 These investigations


address a number of issues to include a historical lack of leadership oversight by
the FWS OLE Chief, his Special Agents in Charge (SAC), and disciplinary action
and property accountability/misuse by individual Special Agents (SAs).

Similarly, BLM OLE employees have the same Giglio/Henthorn issues as the
FWS OLE. The matter is also being exacerbated due to the influx of BLM OLE
SAs who are transferring to the FWS OLE.

As recent as January 30, 2017, the DOI OIG posted on their website the results of
their investigation of BLM OLE SAC Daniel Patrick Love 3 4, wherein the DOI OIG
determined Love had improperly used his official position in regards to the
2015 Burning Man Festival in Blackrock, NV:
• When interviewed the DOI OIG established Love had displayed a Jack of
candor and he also had attempted to influence several SLM employee's
testimony, prior to the individuals being interviewed, and subsequently to
the interviews when Love attempted to learn of the details of the interview.
Moreover, these employees feared that Love would retaliate against them
because of the information they had provided they to the DOI OIG.
• More specifically, two SLM employees said they were coached by Love
prior to their interviews and that the response/ don't recall was a valid
answer, when responding to DOI OIG questions. Subsequent to the
interview Love asked, So do I still have a job or did you get me fired?
• Love blamed a third BLM employee for filing the complaint and he
threatened to ruin her career if she did anything. Love later told her, If
you're not on my ship, you re going to sink ... So I suggest you get on my
1

ship.
• The DOI OIG further determined Love had violated Federal ethics rules
when he used his contacts and influence with Burning Man Festival
officials to obtain tickets and special passes for his family.
• Love had directed five (5) on-duty BLM law enforcement employees to
drive, escort and provide security for his girlfriend and family members
throughout the event, in SLM-procured vehicles.
• Love's family also received overnight lodging in SLM-leased facilities and
unauthorized access to the BLM's Incident Command Post.
• The DOI OIG further substantiated that BLM Director Salvatore Lauro
was present when the aforementioned transgressions took place, yet
Lauro failed to reprimand Love. Rather in May 2016, Lauro created and
promoted Love to a new position as the BLM OLE SAC of Security and
lntelligence5 _

2 See https://www.doioig.gov/
1 Love currently resides at 3 I 4 West 700 th North, Apartment #5, Salt Lake City. UT; 801.419.0488
and/or 953 Diestel Road. Salt Lake City. UT 84105; 801.593.5355.
4
https :/ / www.doioig.gov/ sites/doioig.gov /fi les/Ethcial ViolationsAndMisconductB y B LMOfficials _Pu
blic.pdfEulsa Treat
5 Las Vegas Review-Journal aiticle published by Henry Brean on May 25, 2016.

2
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 19 of 103

• The DOI OIG also confirmed that in 2015 Love had improperly intervened
in the BLM SA hiring process that facilitated the hiring of his friend instead
of other qualified applicants.

U.S. Congressman Jason Chaffetz (R-UT), who had an advanced copy of the
aforementioned DOI OIG report and in response to it, introduced H.R. 622, titled
Local Enforcement for Local (Federal) Lands Act. This bill declares that by
September 30, 2017, both the Department of Agriculture (USDA) and the United
States Forest Service (USFS) Law Enforcement Investigations Unit will cease
using federal employees to perform law enforcement functions on federal lands.
Also by such date, the DOI shall terminate the BLM OLE and cease using BLM
OLE employees to perform lawenforcement functions on federal lands.

Regrettably, Zinke was unable to connect the dots in determining the root
causes of the DOI OIG investigation of Love and Chaffetz' response in drafting
H.R. 622. The genesis lies in William Charles Woody 6 7 , Chief, FWS OLE and
Salvatore Lauro8 , BLM Director, Office of Law Enforcement and Security.

As the Chief for the BLM OLE Law Woody 9 handpicked and promoted a cadre of
loyal, inexperienced law enforcement officers, who had unethical and dishonest
impulses, to include promoting them to supervisory positions as Resident Agents
in Charge (RAC), Assistant Special Agent in Charge (ASAC) and SAC.
Moreover, many of these law enforcement officers to include Love, lacked land
management experience 10 and Woody's preference for hiring these flawed
individuals has reawakened what was once a dormant Sagebrush Rebellion, and
galvanized entities like Bundy et al., or federal/state legislatures to weaken and
halt what they perceive is the federal governments overreach and control of
millions of acres of public land.

Since, being appointed as the Chief of the FWS OLE on March 7, egregious 2011,
Woody has carried over the aggressive management practices he employed at
the BLM OLE to the FWS OLE. Moreover, Woody has selected a number of
loyal individuals from both BLM and from within the ranks of his Utah Mafia 11 and
hired/promoted them within the FWS OLE.

6 Woody served as the Law Enforcement Director of the BLM from August 5. 2003 until March 7,
2011, when he was appointed as the Chief of the FWS Office of Law Enforcement (FWS OLE).
Woody resides at 1351 Matthew Drive, Huntington. MD 20639; 202.208.3809.
8 Lauro became the BLM OLE Chief in 2009, after working his entire career forthe United States Park

Police. He was initially hired as police officer in 1978, rising to the Chief on December 24, 2008.
9 Since becoming the FWS OLE Chief, Woody is bringing over his ill-adapted cadre of BLM cronic:-.

who are carrying over their bad culture to the FWS OLE.
1 °Many of these individuals also Jack people <,kills having worked a:-. jailers. Border Patrol Officers or

police officers. They aren't stewards of the public's land and resources. they are merely employees
doing a perfunctory job. Their only redeeming quality is complete loyalty to Woody.
11 The Utah Mafi,a are composed of individuals who worked with Woody at Utah Department of

Natural Resources ( UDNR), as former UDNR officers and who arc currently employed as SAs with the
FWS OLE, to include SA Curtis Graves, SA Steven Stoinski, SA Craig Tabor and SAC Gary Young.

3
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 20 of 103

As was the case of the recent United Airlines debacle, the institutionalized
unethical culture of the FWS OLE isn't an anomaly, but an organization that is
steeped in malfeasances, and a breeding ground for it. After all Woody's bigoted
predecessors 12 radicalized SA Kelvin E. Smith 13 14 15 16 who on September 18,
1998, pleaded guilty to felony indictments [18 U.S.C.1001 and 18 U.S.C. 2232
(a)] for his role in providing paramilitary training to the Islamic political extremists,
who were convicted of detonating a truck bomb in the basement of the New York
World Trade Building on February 26, 1993.

The DOI OIG was created as an outgrowth of the aforementioned events. But the
malfeasance continues - because of the reticence of either the FWS OLE to
report the delinquency within its ranks or the failure of FWS OLE managers to
discipline those individuals whose dereliction was sustained in the course of
official DOI OIG investigations. More specifically, upon being ~ppointed,
Secretary Zinke should have terminated Woody and Lauro11 both, whom are
members of the SES. Rather, on June 16th Secretary Zinke announced he was
essentially allowing both men to switch positions.

A second campaign promise you made as a presidential candidate was to amend


the United States' illegal immigration policy to prevent the senseless killings of
innocent Americans like Kathryn Steinle, who was killed on July 1, 2015, by an
illegal immigrant named Juan Francisco Lopez-Sanchez, when he fired a
stolen BLM .40 caliber handgun in San Francisco, CA.

One of the most pressing problems facing your fifty-second Secretary of the DOI
is how he will address the 3%ers, the self-described patriot movements that
pledges resistance against the United States government, and the perceived
overreach of the DOI. One of the factions promoting the Sagebrush Rebellion is
the Bundy Family, whose patriarch is Cliven D. Bundy, to include his sons
Ammon Bundy and Ryan Bundy.

The federal government owns roughly 640 million acres, with just two bureaus
managing half of these assets; principally the BLM administers 248 million acres

12 Smith's supervisors included SAC Jerome S. Smith who resides at 5900 Raleigh Drive, Tyler TX

75703; 903.534.5849 and ASAC Robert W. Slattery who resides at l 031 Fine Glen Drive, Sevierville,
TN 37862; 865.774.9791.
https://www .scribd.com/document/ 107126899/ Former-Agent-Kelvin -Smith -Pleads-Guilty
14 September 16, 2002 article published in the ESPN magazine by Luke Cyphers, about Smith that

was titled The Good Son.


http://www.espn.com/college-football/story/ _/page/Magl5thegoodson/ georgia-tai Iback-musa-
smi th-father -admits-terrorist-connection-espn-magazine-archi ves
t:ihttp://www.pennlive.com/news/2015/ 12/isis_arrest_was_not_midstates.html
16 Kelvin E. Smith's son Musa M. Smith resides at 236 Anniversary Lane. Acworth, GA 30102;

443.501.3268. In court documents Kelvin E. Smith goes by the name Abdul Muhaimin. Kelvin E.
Smith resides at 1710 Cold Storage Road, New Bloomfield, PA 170 68; 717.582.0306.
17 Lauro became the chief BLM OLE in 2009. after working his entire career for the United States

Park Police. He was initially hired as police officer in 1978. rising to the Chief on December 24. 2008.

4
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 21 of 103

of public land and the FWS manages the 150 million-acre National Wildlife
Refuge System. SAs and Park Rangers (PR) from these agencies conduct
criminal and administrative investigations for individuals or businesses that
conduct illegal activity on public lands.

The public demands to know why the Bundy et al. were acquitted on October
27, 2016, in the United States District Court for the District of Oregon, of federal
conspiracy and weapons charges stemming from the January 2, 2016, seizure of
Malheur National Wildlife Refuge (NWR) 18 Although Zinke's predecessor
Secretary Sally Jewell 19 expressed dismay over the jury's decision to acquit
Bundy et al., she failed to address the route cause of the takeover.

Unfortunately, this activism is being directed against an innocent and uninformed


staff of uniformed employees 20 working for the BLM, the USFS, the FWS and the
NPS, who are by and large ignorant of the existence of this four-decade long
Sagebrush Rebellion. Who will inform and protect these innocent and dedicated
employees from copycat followers? Who will investigate these allegations, which
are unbecoming of BLM and FWS SAs in violation of the DOI Law Enforcement
Code of Conduct2 1?

To reiterate, Jewell and Zinke have been unable to connect the dots in
determining that Woody's and Lauro's ignorant and aggressive management
practices and the contentious law enforcement officers they have hired, has
provoked what was once a dormant Sagebrush Rebellion. Since 2003, under
Woody's and Lauro's leadership the Sagebrush Rebellion has metastasized
into a Sovereign Citizen Movement which is supported by a rural Sagebrush
Sheriffs Movement (aka Constitutional Peace Officers) and both groups are now
joining the war against the federal land management agencies. In fact the
occupiers of the Malheur NWR were emboldened by the amateurish actions of
Woody's and Lauro's BLM SAs, who attempted to seize without success cattle
which belonged to Cliven D. Bundy, and which he was illegally grazing on BLM
2
property2 .

Zinke wants to be memorialized as the 21st century version of President


Theodore Roosevelt. However if he doesn't immediately rightthe BLM OLE and
the FWS OLE, he'll be remembered as the reincarnation of Secretary of Interior
Albert Bacon Fall, who became the first Cabinet member to go to prison for his
involvement in the Teapot Dome Scandal, which was regarded as the greatest

18 The illegal occupation ended forty days later on February 1 l th


l l/Jewell 's October 28. 2016 press release.
20 These employees are both armed law enforcement SAs. PRs unarmed biologists. unarmed fire

fighters, unarmed maintenance workers and unarmed naturalists.


2 1 Department of Interior Department Manual 446 OM 26.

The 2014 Bundy et al. standoff was an armed confrontation between supporters of cattle rancher
Cliven D. Bundy and BLM law enforcement following a twenty year legal dispute in which the BLM
had obtained court orders directing Bundy to pay over one million dollars in withheld grazing fees
for Bundy's use of federally owned land in Bunkerville. NV.

5
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 22 of 103

and the most sensational scandal in the history of American politics, prior to the
Watergate Scandal.

In late June 2017, former FWS OLE Deputy Chief (DC) Gary Glen Mowad
traveled to Washington D.C. to meet with Zinke, for the purpose of securing a
SES appointment. Mowad is just as nefarious as Woody and his dirty
fingerprints can still be found at the FWS OLE.

At least eight individuals have been killed, died or have committed suicide
since Woody began working for the DOl 23 . Who is William Charles Woody
and how many more people will die on his watch? How many more federally
managed properties will be seized, because Woody and Lauro hired and
promoted incompetent and aggressive law enforcement officers? How many
local sheriff departments will stop working with the BLM, because Woody and
Lauro hired unprofessional law enforcement officers who have initiated
investigations (overt/covert), which places them in the limelight?

On December 31, 2016, Robert Wayne Weaver 24 25 became the eighth casualty
from a self-inflicted gunshot wound. Weaver committed suicide after six to eight
SAs from the BLM OLE and USFS executed a search warrant at his trailer home
in Cody, WY, on November 29, 2016 26 . The SAs were aware Weaver had moved
to Cody about a decade ago and that he was receiving permanent disability
payments from the Social Security Administration (SSA) due to a Post-Traumatic
Stress Disorder (PTSD) which he was suffering from, after his wife's death from
cancer. SA(s) from the SSA Inspector General Office were also present.

Over the years Weaver became known as Bob the Geologist. Several
individuals were jealous of Weaver's uncanny ability to find fossils and it was this
jealousy that led them to make false reports about his activities to the BLM OLE
and the USFS. On one occasion the USFS discovered a cave that had been
potholed by someone, and an individual who didn't like Weaver blamed Weaver.
After investigating the incident the USFS concluded the allegations against
Weaver were false, but despite his innocence the USFS and the BLM OLE
began to harass Weaver anytime they caught wind of prohibited activities. Yet
the more they hounded Weaver, the more the agencies were unable to take
action because they lacked proof27 .

23SAC Kenneth Endress, La Voy Finicum, Ted Gardiner, Kent.Jorgensen, Doctor James D. Redd,
StevenL. Shrader, Kathryn Steinle and Robert Wayne Weaver.
24 Weaver resided at 132 Yellowstone Ave .. Apartment Cody, WY 82414.
January 23, 20 I 7 article published in the Petro glyph.
26 FWS OLE SA Steve Stoinski may have been present too.

• Unlike BLM OLE SA Rudy Mauldin's earlier undercover ARPA investigation of Earl K. Shumway,
wherein Mauldin actually caught Shumway in the act of illegally collecting archeological artifacts on
federal managed lands, the ime~tigation of Weaver mirrored the failed Cerberus Action Investigation and
the Custer Bmtle/iefd Museum lnl'estigation.

6
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 23 of 103

Although Weaver wasn't arrested he was intensely interrogated by BLM OLE SA


th
Michael Ramire:z28 and other SAs 29 on November 29 . Although Weaver told
Ramirez he was suffering from PTSD, Ramirez intensified his harassing
questions and wouldn't allow Weaver to leave. Simultaneously, the SA from the
SSA threatened Weaver with the possibility of losing his disability payments.

After eight hours of intense interrogation the SAs left, but not without seizing the
majority of Weaver's fossils, rocks and other items without regard to what was
legally obtained. The following morning Ramirez interviewed Weaver yet a
second time over breakfast at a McDonalds restaurant. Afterwards, Weaver
called his therapist who placed him in the hospital under a suicide watch.

Woody has lived at the intersection of power and politics, trading his political
influence to enrich his personal finances and for personal travel overseas, or to
visit friends and family wherever they reside (Alaska, New Mexico and Utah) or
on vacation to venues that have extremely low strategic priorities to the FWS
OLE. Woody is an irascible, irrepressible and plain old nasty media seeking diva
that promotes nepotism, hires non-professional high school graduates as SAs
and whose inner circle is comprised of Giglio-lmpairedSAs. His imagination is
married to real power with the aim of becoming the fifty-third Secretary of Interior,
even though he has created a toxic and an unethical culture upon his arrival at
the DOI.

William Charles Woody Was The Chief Of The BLM OLE From August 81
2003 To March 8_2011.

Woody is the son of Jack B. Woody the former Regional Chief of Endangered
Species & National Sea Turtle Coordinator, while William Charles Woody is a
by-product of nepotism, as the senior Woody paved the way for his son to gain
employment with the DOI. William Charles Woody on the other hand was on a
rather unspectacular law enforcement career path as a Utah sheriff's deputy, a
patrolman with the Phoenix Police Department and a patrolman with the Utah
Highway Patrol. Nevertheless, the UDNR hired Woody as a conservation officer
because of his father's professional connections.

While employed at the UDNR, Woody was having a highly visible affair with
Kathleen Burton Clarke the executive director of the UDNR 30 and a second
31
UDNR employee eighteen years his junior, Tracey Spor Mitchell , who he

s Ramirez is stationed at 5001 Southgate Drive. Billings, MT 5910 I: 406.896.5 I 51.


2

29 FWS OLE SASteveStoinski may have participated in the raid as well.


FWS OLE SA Steve Stoinski and OLE FWS SA Curtis Graves worked with Woody, when the trio
was all employed by the UDNR; as was a fourth individual, Keith Aller the former BLM Deputy
Director of Law Enforcement.
1 On October 1, 1998 Woody was granted a divorce in the SLC District Court from his first wife

Roberta C. Woody. Woody is currently married to Tracey M. Woody, who as Tracey Spor Mitchell
was divorced from Shane Alan Mitchell in the SLC Diqrict Court on January 13, 1998.

7
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 24 of 103

eventually married when she became pregnant. Although these relationships


caused Woody's first marriage to fail, he rapidly moved up through the ranks
eventually becoming the UDNR Captain.

Woody is an arrogant self-absorbed narcissist who will ruthlessly and mercilessly


torment and intimidate suspects who are alleged to have committed crimes and
in some cases they have even committed suicide. The first casualty was Kent
Jorgensen 32, who in November of 1997 shot himself to death in the garage of his
Santa Clara, Utah retirement home, as a result of Woody's continual
harassment of Jorgensen to testify for theUDNR.

The Jorgensen Investigation was a low-profile matter looking into a thousand of


dollar bogus billing scheme and accusations of conflict of interest by Jorgensen
boss Richard Stevens (the former director of the UDNRs Great Basin
Research Center), to Maple Leaf industries lnc. 33 (MLI). At the time Stevens
and his four brothers owned MLI.

Woody's constant badgering and intimidation of Jorgenson to testify against


Stevens eventually backfired when Jorgenson became despondent and shot
himself.

Jorgensen's widow was quoted as saying her husband shot himself because he
was being endlessly hassled by department investigators. She also stated, her
husband sometimes transferred seed from the research station warehouse to
Maple Leaf (M LI) when Maple Leaf (M LI) was short in filling a customer's order.
When she asked him (Kent Jorgensen) about giving state seed to Maple Leaf
(MLI), he told her, What am I supposed to do with my boss (Richard Stevens)
there?

Clarke later became the National Director for the BLM during the period 2001 to
2006. On August 8, 2003, Clarke named Woody the Chief of the BLM OLE 34 •
With Clarke's backing Woody became a combative authoritarian who clashed
with anyone who didn't share his/hers vision.

When Woody became the Chief he immediately had access to the personnel
files of his BLM OLE staff 35 . access to the investigative files of the DOI OIG 36 and

-12Deseret News articles published on March 19, 1998 and August 23, 1998.
450 South 50 East Ephraim, UT 84627; 435.283.4400
34 During Clarke's administrat.ion she and Woody were often critici,ed by the Sierra Club and other
environmental groups for instituting BLM policies that ended up slaughtering wild horses_
35 Managers periodically examine an employees personal file\ and their annual evaluations in order

to determine which employees should be promoted to a higher pay level, which employees should
become supervisors and which employees have deficiencies which need to be addressed and
consoled.
36 The DOI OIG provides mangers access to investigative reports, regarding employee

misconduct/ mismanagement, and audits/ inspections conducted within the DOI. Said reports allow

8
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 25 of 103

access to the BLM OLE confidential informant (Cl) files 37 . Yet Woody seemed to
ignore these assets. Ultimately it's the Chief who has the final word as to who is
hired, who is promoted, where employees are stationed, who is terminated and
ultimately the tone and tenor of how the agency's law enforcement program is
implemented.

Instead, Woody began hiring a number of inexperienced, overly aggressive,


badge heavy BLM SAs to conduct both overt and covert undercover
investigations, targeting individuals who were suspected to be illegally trafficking
in Indian Artifacts in violation of the Archeological Resources Protection Act of
1979 (ARPA) and ranchers who were violating their grazing permits. These
investigations moved forward without the proper oversight of the respective U.S.
Attorney's Offices, the DOI Solicitor or with the concurrence of the various
federal, state or local law enforcement agencies.

On June 24, 2004, DOI OIG Inspector General Earl E. Devaney prepared for
the Secretary of the Interior a report titled, Report on Evaluation of Conduct and
Discipline38. which the Secretary subsequently circulated to his DOI SES
managers, to include Woody. Devaney reported his DOI OIG auditors and
investigators uncovered numerous incidents in which misconduct by DOI
employees was not appropriately addressed, or at all by DOI management.

Among Devaney's findings was that there was a clear perception by DOI
employees that there was a significant amount of misconduct that was not being
reported and that discipline was being administered inconsistently and unfairly
throughout the DOI; irrespective of DOI Manual Release, 370 OM 752 39 : to
include the Douglas Factors40 41 . More specifically, DOI Manual Release
370 OM 752, also updated and revised DOI policy, procedures and the
responsibility for administering employee discipline throughout the DOI.

Under Giglio v. United States, 405 U.S. 150 (1972), investigative agencies must
turn over to prosecutors, as early as possible, potential impeachment evidence
with respect to the agents and the Cls involved in the case. The prosecutor then
exercises his or her discretion as to whether the impeachment evidence must be
turned over to the defense. A Giglio-Impaired SA is one against whom there is
potential impeachment evidence that would render the SA's testimony to be of

DOI managers to correct earlier improprieties through counseling, thereby promoting in the future,
excellence, integrity and accountability within DOI programs.
37 To include a suitohility determination to access the Cl's motives in providing information or

assistance; the Cis reliability and truthfulness: whether the CI has a criminal history: or whether the
CI is a substance abuser or if the CI has a history of physiological disorders.
38 httpd/www.fws.gov/ humancapital/pdt/conduct_an d _diseipline_FINAL5. pdf
30 https://training.fws.gov/courses/references/job-

aids/supervisors/suprefdocs/documents/NewDOIConductChapterAndTableOfPenalties.pdf
40
https ://en. wiki pedia.org/wi ki/Douglas_ v._ Veterans_Admi ni strati on
41
U.S. Merit Systems Protection Board Performance Based Actions under Chapters 43 and 75 of
Title 5.

9
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 26 of 103

marginal value in a case. This means a case which depends primarily on the
testimony of a Giglio-Impaired SA is at risk.

As a law enforcement officer, one small misstep at work or in off-duty life could
put ones entire career at risk. Law enforcement officers are held to a high
standard of honesty and credibility because of the need for public trust and
confidence attendant to their job responsibilities, including testifying at criminal
trials.

Every BLM SA and FWS SA is required to undergo initial and periodic


background investigations (by filing SF-86) in order to obtain a Security
Clearance. We request that you investigate why Woody and Lauro continue to
employ and promote Giglio-Impaired SAs who have the engaged in the following
derogatory activities, as follows:
• Alcohol Consumption: Alcohol related incidents at or away from work, to
include habitual or binge consumption, DWI convictions or drinking on the
job.
• Financial Considerations: Failure or inability to live within one's means,
pay taxes, indebtedness and gambling.
• Failure To Provide Truthful and Candid Answers During the Security
Clearance Process: To include associations with convicted
felons/persons involved in criminal activity, deliberate omission
concealment, falsification, lack of candor, untrustworthiness, evidence of
significant misuse of government time, resources or equipment.
• Improper Personal Conduct
• Sexual Misconduct: To Include extramarital affairs, voyeurism,
exhibitionism and involvement with prostitution.

Woody's lack of investigative acumen begin to show when he initiated two


BLM OLE botched undercover ARPA investigations without any special
knowledge of the ARPA. The Christopher Kortlander dba the Custer Battlefield
Museum investigation and Operation Cerberus Action. Woody wanted to send a
message, the decades of impunity were over. Rather, these investigations
backfired because Woody failed to comprehend the consequences of the
mistrust he had fostered, when he continued to hire and promote Giglio-Impaired
SAs instead of terminating them.

The backlash was deafening and Bundy et al. were emboldened when they
retaliated against federal land management policies, first at Bunkerville, NV
(Spring 2014), on a second occasion when they organized an illegal ATV trail
ride protesting the BLM OLE closure of Recapture Canyon in San Juan County
Utah (May 10, 2014) and finally when t Bundy et al. organized the takeover of
the Malheur NWR in January 2016.

10
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 27 of 103

SLM OLE Incident #1: Investigation Of Christopher Kortlander dba The


4
Custer Battlefield Museum (Garryowen. MT} ~.

In 2000, Woody hired SA Brian Keith Cornell 43 and stationed him at the BLM
OLE offices in Billings, MT.

In 2003, despite not having any criminal investigative experience, let alone an
understanding of the esoteric nuances of the ARPA, the Migratory Bird Treaty
Act (MBTA), nor an expertise in managing Cls Woody made Cornell the case
agent in the investigation involving Kortlander who was alleged to be illegally
trafficking in Indian artifacts.

When the investigation was initiated Woody learned the following from BLM
44
SAs :
• In 1996 Kortlander was dating Cathy Lingard, the ex-wife of BLM OLE
SA Lee 8. Lingard 45 .
• The DOI OIG had investigated SA Lingard for using his government
assigned vehicle on government time to illegally conduct surveillances of
his ex-wife and Kortlander.
• SA Lingard also used BLM OLE funds to employ Jason Dean Pitsch 46
as a paid Giglio-Impaired Cl to investigate Kortlander.
• In 1998, Pitsch 47 was snared in a nationwide FBI pornography sting
wherein he was convicted and sentenced to serve three (3) years in
federal prison.

In 2005, Cornell obtained a search warrant after a prolonged five-year plus


undercover investigation, involving multiple undercover buys wherein Cornell
alleged Kortlander was fraudulently dealings in Indian artifacts, eagle feathers
and other questionable historical items, all in violation of the ARPA and the
MBTA. Although Kortlander posed no physical threat, Woody authorized
twenty-four armed federal agents (with semi-automatic weapons) to execute the
48
search warrants at both Kortlander's residence and his business . Although
numerous items were seized, no arrests were ever made.

42 Kotlander vs. Cornell,816 F.Supp. 2d 982 (D. Mont. 2011) and


http://www.forfeiturereform.com/2012102/0 I /kortlandcrs-stand/
4 -' Cornell resides at 316 North 26 th Street, Billings MT 59101: 406.254.2912.

44 BLM SA Rudy Mauldin (ret.) and BLM SAC Bart Fitzgerald (rel.) who is cuJTently employed by

Freeport-McMoRan. 333 North Central Ave., Phoenix. AZ 85004; 602.366.8100.


45 Lee B. Lingard resides at 1333 South Northern Lights Blvd., Coeur D'Alene. ID 83814 (P.O. Box

2946. Haden, ID 83835).


46 Pitsch 's family owns land al the Battle of Little Bighorn ~ite.

47 See also May 9, 2012 conviction. wherein Pitsch was sentenced in the U.S. District Court Billings

Montana to serve 120 months in prison in connection to a October 20 IO FBI child pornography
inve~tigation (https://archives. {bi .gov/ arc hi vcs/saltlakecity/press-releases/2012/jason-dean-pitsch-
sentenced-i n-u. ~--district-court).
48 Similarly in the Operation Cerberus Action Investigation, Woody authorized his SAs to use excessive

force in allowing dozens of armed SAs (with semi-automatic weapons) to execute a search warrant at
the Reed's residence.

11
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 28 of 103

In August 2008, Woody rewarded Cornell's bad behavior by promoting him to


become the BLM OLE SAC for Montana, North Dakota and South Dakota.

Cornell also employed the services ofa second Cl, James Lyman Brubaker
Sr. 49 a Montana appraiser as a second Giglio-Impaired paid Cl to investigate
Kortlander.

On December 12, 2007 50 , Great Falls Montana Detective Bruce McDermott


executed a search warrant to search Brubaker's residence in Great Falls,
Montana, wherein McDermott discovered roughly one thousand books from the
18th, 19th and early 20th centuries that had been taken from at least one
hundred universities and local libraries across the country. McDermott also
seized some twenty thousand individual pages of maps and other documents,
each apparently ripped from books.

On March 27, 2008, federal agents arrested Brubaker and charged him with
transporting stolen property across state lines. McDermott's investigation further
disclosed that in 2007 alone, Brubaker's illegal enterprise grossed almost
$500,000.

In September 2008, Cornell executed a second search warrant at the Custer


Battlefield Museum. In this second investigation (arising out of the September
2008 search warrant) Cornell used BLM OLE funds to employ Brubaker to
investigate Kortlander.

Despite all the time and money Woody had invested in Kortlander, in August
2009 the Assistant U.S. Attorney wrote that the federal government would not be
seeking prosecution in this matter.

Yet the dispute between Kortlander and the government raged on when
Kortlander filed a Bivens civil lawsuit. 51 against BLM OLE and FWS OLE SA
Robert Doug Goessman who executed the search warrant 52 _ Sealed court
filings obtained by The Associated Press show the government seized

40 Brubaker (age 83) formerly resides at 337 Moccasin Trail. Billings. MT 59 l 05.
00 See Smithsonian magazine article written by Steve Toomey (April 2008) titled Pay Dirr in Montana.
1
-' The Supreme Court created a private damages action against federal officials for constitutional

torts (civil rights violations). which are not covered by the FTCA. In""""'=""-'-....,_,.,_,_,.'-'-""'==~==
Agents of Fed. Bureau of Narcotics. 403 U.S. 388 ( 1971) .the Court held that the Fourth Amendment
gives tise to a tight of action against federal law enforcement officials for damages from an unlawful
search and seizure. Since a B;vcn.1 action is brought against a federal official in the official's personal
capacity. it is not considered to bean action against the United States and therefore is not barred by
sovereign immunity. BiFens is not a general tort law. The plaintiff seeking a damages remedy under
Bivens must first demonstrate that constitutional rights have been,.:..,.:.==="-'-'-'-:....:.,.~~=~=
U.S. 228 ( 1979))
52 Missoulian A.P. article written by Matthew Brown on.Tune 29. 2012; and

https :// casetext .comic a:-,c/kortlander- v-corncll

2
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 29 of 103

twenty-two (22) items (bonnets, medicine bags and other items), partly on the
word of Brubaker who claimed Kortlander acquired them illegally. Some of the
items contained eagle feathers, migratory bird feathers, a war bonnet, medicine
bag headdress and a shield) which government attorneys said in court
documents renders the items contraband under the MBTA.

A short time later on June 16, 2009, Cornell resigned from the BLM and took a
demotion to begin working on as a SA for the Bureau of Reclamation in the Great
Plains Region.

U.S. District Judge F. Richard Cebull, who oversaw the Bivens civil lawsuit
also cast doubt on the credibility of Brubaker, as Brubaker was serving a
federal prison sentence for possession and interstate transportation of stolen
property5 3. Cebu II further ruled that the DOI OIG had, previously reprimanded
Cornell on May 26, 2005. The DOI OIG reported Cornell had previously been
the affiant in a 2003 search warrant of BLM Air Tanker Base Manager Dan
Boechler. Regarding the 2003 affidavit the DOI OIG investigator wrote, It's my
belief that Agent Cornell's testimony was material false.

To conclude:
• Neither Woody or the SAs he assigned to the investigation were familiar
with the ARPA or the MBTA.
• Neither Woody or the SAs he assigned to the investigation properly vetted
the BLM OLE's Cls;
• Woody had assigned Cornell and Lingard, Giglio-Impaired SAs to
investigate Kortlander.

BLM OLE Incident #1: Operation Cerberus Action (Blanding, UT).

In 2005, Woody who had personally hired SA Daniel P. Love54 , appointed him as
the case agent for an investigation known as Operation Cerberus Action 55 .
Woody personally supervised the undercover investigation 56 from headquarters
in Washington D.C., even though SAC Larry D. Shackelford 57 was the BLM
OLE SAC for the State of Utah. Moreover, Woody wanted to put his historical
stamp on the BLM OLE and outdo Mauldin's earlier undercover ARPA
investigation wherein Mauldin actually caught and prosecuted pothunters in the
act of illegally collecting archeological artifacts on federal managed lands in Utah.

April 2008 Smithsonian Magazine article written by Steve Toomey.


:i 4Love had no prior law enforcement experience when Woody hired him when he was working as a
Utah Insurance adjustor.
s:; A Sting !11 The Desert, September 21. 20/4, by Los Angles Time~ reporter Joe Monzingo. Cerberus Action
is so named after the three-headed dog in Greek mythology that guarded the gates to the
underworld. In part Monzingo's story was based on the review of audio/ video recordings to include
the testimony of seven (7) former and current federal officials who requested anonymity.
The three-year undercover investigation took place from 2006 and 2008.
Shackelford resides at 1777 Kiera Court, Unit# I 5. Salt Lake City, UT 84124.

3
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 30 of 103

Love and his Cl Ted Gardiner targeted Dr. James Redd a Blanding Utah
physician, who worked round the clock hours at his family practice and assisted
by his wife Jeannie Reed. In reality Redd's wife Jeannie, was the collector in
the house and Dr. Redd had very little time or interest in collecting Indian
artifacts, but he enjoyed accompanying his wife and daughter as they hunted for
artifacts.

Love and Gardner were supposed to expose a lucrative trade in stolen


antiquities, rather they reenergized the Sagebrush Rebellion. Woody cajoled the
FBI into joining the investigation and they put up more than $300,000 in buy
money. In Love, Woody had an aggressive SA and Love felt a greater need and
pressure for securing convictions.

By contrast and instead of setting up a system of inexpensive trail cameras to


catch artifact thieves as they occurred and nip it in the bud, Love went on a
multi-million dollar mission at taxpayer expense that dragged on for years, paying
the low-life unemployed alcoholic snitch Gardiner $7,500 a month to solicit
stolen artifacts and entrap people. Moreover, the Operation Cerberus Action
Investigation merely involved braggadocio and hyperbole by the targets of the
investigation and the illegal sale of Indian artifacts whose archeological
provenance could not be established.

On June 2009, Woody was present in Salt Lake City, Utah when Secretary of
Interior Kenneth Lee Salazar and other prominent law enforcement officials
announced the indictments of Reed et al. 58. Woody who had briefed these
officials prior to the announcement failed to disclose the existence of exculpatory
evidence he was party to and which was further favorable to the defendants:
• Shackelford was having an affair with Gardiner's girlfriend.
• Woody and Love vetted Gardiner with the understanding he had a
history of mental issues, substance abuse problems 59 and emotional
issues arising from a recent divorce and a newly failed relationship with
his former girlfriend, the woman Shackelford was dating.
• Gardiner had a criminal record.
• Love and Gardiner tried to induce several individuals, like Brad Sather
(Austin, Texas) and Vern Crites (Durango, Colorado) to go digging and to
loot artifacts from federally protected lands 60 • but they all declined.

Ultimately, the costly five-year investigation netted very little because Gardiner,
was unable to testify because he committed suicide on March 2, 2010. Not only

.,x http://www.ksl.com/'7nid= 148&sid=6 7711 OS


Woody and Love were aware that in 1996 that Gardiner suffered from severe and reoccurring:
panic attacks and that a doctor prescribed the anti-anxiety drug Xanax. Not long after, the aliens took over
Gardiner and he also drank heavily. took pills and told his therapist he had been molested by a school
janitor when he was fifteen.
611 Inquiries should be made with the Director of the National Park Service to determine if the Director

gave permission to Love and Gardiner to illcg:ally dig up human remains in the Hoven weep National
Monument.

14
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 31 of 103

was Gardiner adversely affected by the aforementioned maladies, he couldn't


deal with the guilt he caused Dr. Redd's family, when Dr. Redd committed
suicide on June 11, 2009. Then within a week of Dr. Redd's death, co-defendant
Steven L. Shrader committed suicide.

In 2009, Woody ever the showman and entertainer rewarded Love's bad
behavior by naming him BLM OLE SA of year, before even one individual was
convicted, and then Woody immediately promoted Love to become the SAC for
Utah and Nevada. Said action emboldened Love to aggressively undertake the
seizure of Cliven D. Bundy's cattle in Bunkerville, NV, with a lack of
coordination with state and local law enforcement agencies in the state of
Nevada.

BLM OLE Incident #3: In 2008 Woody Selects FWS OLE SA Steven Robert
Stoinskifil As The BLM SAC For The Montana State Office.

In 1995, SA Bart Fitzgerald 62 and SA Rudy Gene Mauldin 63 successfully


prosecuted the BLMs first ARPA investigation involving Earl K. Shumway 64 65 .
who was perhaps the most notorious archeological thief in American history.
Shumway was sentenced to sixty (60) months in prison and the investigators
would eventually become the subject matter experts for future BLM OLE ARPA
investigations.

Fitzgerald was the SAC for the Montana State Office when Woody made Love
the case agent for the undercover ARPA investigation known as Operation
Cerberus Action. Fitzgerald was a vocal opponent of the investigation, because
unlike the Shumway investigation Love wasn't proving the subjects of the
investigation were illegally taking Indian artifacts. Rather, Love was conducting
an investigation that relied merely on innuendo.

Woody eventually took umbrage with Fitzgerald's outspokenness and


reassigned him in 2008 to Phoenix, AZ where he conducted internal affairs
investigations.

Woody's hiring practices follows the axiom, To the Victor Goes The Spoils.
Woody exploits circumvents the Federal Merit Promotion System to fill vacancies
with his friends at the expense more highly qualified individuals, to include
veterans, as follows:

61 Stoinski resides at 8 Timberland Trail, Lander. WY 82520: 920.826.4785.


Fitzgerald resides at 2143 East Winged Foot Drive, Chandler, AZ 85249; 480.634.8077.
Mauldin resides at 582 East 900th South, Stockton. UT 84071: 435.882.4478.
r, 4 November 2. 1995 New York Times article written by Timothy Egan titled In the Indian Sourhwest.
Heritage Takes A Hit.
(,s Jim Fisher True Crime Blog dated March 27, 2016 article titled Earl K. Shumway: The John
Dillinger ofArchaeologica! Looting http://jimfishertruecrime.blogspot.com/2013/ 12/earl-k-
s humway-john-dillinger-of.html

5
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 32 of 103

• Before a merit promotion opportunity is announced, Woody identifies a


friend within the BLM OLE66 or the FWS OLE that he intends to
hire/promote.
• For Woody, more important than merit are factors such as loyalty, and
ones connections to other important people in the government, or
someone who will take him on a hunting trip.
• Woody and the preselected party communicate by phone and email to
discuss the exact venue (down to the city/town where the individual wants
to live/work). They also discuss when the preselected individual is
available to move 67
• In other instances that will be discussed later, Woody provides his allies
with training or assistance that will enhance their knowledge and skills,
while denying his foes the same.
• By identifying the venue and the availability of his preselected applicant,
Woody then creates a vacancy announcement to exclude other more
qualified individuals, when these other applicants were unable to relocate
to a specific geographic locality.
• In yet another example, in venues where Woody wants to promote a loyal
follower who is already stationed at the duty station, Woody will exclude a
more qualified candidate by writing a vacancy announcement for his
buddy who already resides within the local commuting area, and which
further doesn't provide for relocation allowances 68 _

Like Woody, Steven R. Stoinski was employed as a Conservation Law


Enforcement Officer69 and Legislative Coordinator by the UDWR, where the men
became inseparable lifelong friends and who would routinely go hunting together
on their free time. As close personal friends, after Stoinski became a SA with the
FWS OLE he told Woody he had been a subject of two administrative
investigations wherein DOI OIG investigators sustained negative credibility
determinations against him.

The first administrative investigation of Stoinski took place in the


Mountain-Prairie Region (Region 6), when Stoinski took his wife Linda Stoinski
on a two week long unauthorized personal vacation where he subsequently
crashed/totaled his government assigned law enforcement vehicle into another
vehicle. Despite the lengthy and expensive tort which was filed by the aggrieved

66
When Woody transferred from the BLM to the FWS OLE he created FWS OLE positions for BLM
employees SSA Jeanne Van Lanker,ExecutiveAssistantJoanM.Mundtand SA Noel Wagner.
h~ Once again in 2016, Woody accorded Stoinski, preferential treatment a second time by

transferring Stoinski without completion to his retirement home in Lander WY.


68
During Woody's tenure a~ the BLM OLE Chief.he promoted Noel Wagner to the position of the
BLM SAC in Albuquerque, NM. Wagner who virtually spent virtual entire BLM career in
Albuquerque. NM told his colleagues he intended to retire there. When BLM managers started the
process to transfer Wagner to Boise, ID, Woody interceded and in 2012. Woody created an entirely
new GS-13 position for Noel to occupy at the FWS OLE office in Albuquerque, l\':Vt.
<, 9 Stoinski was employed by the UDNR and stationed in Salt Lake City, UT from approximately 1990
to 1997.

6
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 33 of 103

party, Stoinski's supervisors in Denver where successfully in pawning Stoinski


to a witting SAC Stanley F. Pruszenski in the Alaska Region (Region 7).

Despite Stoinski being a Giglio-Impaired SA, Woody was sympathetic to


Stoinski's plight as a pariah in the FWS OLE. Woody abused his position as the
Chief BLM OLE when he promoted Stoinski to become the GS-13 BLM OLE
SAC for the State of Montana, by illegally creating an interagency vacancy
announcement for Stoinski's eyes only!

However, Stoinski would eventually go back to his former position as a GS-12


SA with the FWS OLE when he was unable to sell his residence in Abrams, Wl 70
due to the of the financial crisis of 2007-2009.

Stoinski despite being a Giglio-Impaired SA, Woody continues to be


sympathetic to his friend's plight. Since becoming the Chief of the FWS OLE,
Woody has also afforded Stoinski preferential treatment in allowing him to be
the Affiantfor several high profile investigations/search warrants 71 throughout the
United States as well as participating in several overseas training assignments,
to include Botswana and the Philippines 72 73_

BLM OLE Incident #4: March 2014 - Cliven D. Bundy Standoff at


Bunkerville, NV7~.

In 1998, Bundy was enjoined in the United States District Court for the District of
Nevada from grazing his cattle on an area of land called the Bunkerville
Allotment.

In 1993, Bundy declined to renew his permit to graze cattle on BLM


administered lands near Bunkerville, NV, in protest to changes to his grazing
rules. According to the SLM, Bundy continued to graze his cattle on public
lands without a permit.

In July 2013, a BLM complaint was supplemented when U.S. District Court
Judge Lloyd D. George ordered that Bundy refrain from trespassing on
federally administered land in the Gold Butte area of Clark County75 _

" 11Stoinski previously resided at 5967 Forest Lake Lane, Abrams, WI 54101.
71 To include the August 2012 Upper Peninsula North Fish Company Search Warrants.
' 2 Woody handpicked Stoinski to participate in at least two international training assignments. in
Africa and the Philippine,- (2016), at the expense of more conscientious SAs. Said preferential
treatment is creating moral issues within the FWS OLE.
" 3 Why would Woody who is aware that Stoinski is Giglio-Impaired SA, whose reputation and
work history contains impeachment evidence allow Stoinski testimony to jeopardizing the outcome
of any criminal investigation he is associated with.
Kotlander v. Cornell, 816 F. Supp. 2d 982 (D. Mont.2011) and
http://www. forfeiturereforrn.com/2012/02/0 l /kortlandcrs-stand/

17
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 34 of 103

A subsequent DOI investigation disclosed that case agent Love made tactical
errors leading up to the 2014 Bunkerville, NV standoff, as follows:
• On March 27, 2014, Love caused 145,604 acres of federal land in Clark
County to be temporarily closed for the capture, impoundment, and
removal of Bundy's trespass cattle.
• On April 5, 2014, Love, BLM horse wranglers and other BLM OLE SAs
and PRs began a roundup of some 400 head of cattle and they were
placed in temporary corrals located in the low-lying Toquop Wash, and
subsequently protected by Love and some fifty (50) BLM OLE SAs and
PRs.
• On April 12, 2014, a group of protesters to include Ammon Bundy,
Cliven D. Bundy, Ryan Bundy and some two hundred (200) armed
militia members, advanced on Love and his colleagues, and it was only
then did Love find his colleagues in a life-threatening situation as the
militia exploited their errors.
• Some of the gunman took tactically superior sniper positions on high
ground behind concrete barriers, with their assault rifles aimed directly at
the BLM OLE personnel below.
• Fortunately Sheriff Doug Gillespie negotiated with Cliven D. Bundy to
release the cattle and de-escalate the situation.

Several retired BLM officials to include SA Steve Martin, PR Ed Patrovsky and


former BLM Director Bob Abbey 76 were extremely critical of the direction
Woody took the BLM law enforcement program. The officials said without
significant backup support from local, state and other federal law enforcement
agencies the BLM OLE can't possibly handle volatile conflicts like the one at
occurred at Bunkerville, or the Malheur NWR.

The officials explained, that under Woody's regime he began hiring PRs who
thought of themselves as police officers. The shift on the ground reflected
changes implement by Woody in the wake of 9/11 , wherein Woody peeled the
BLM OLE away from civilian field managers and put the BLM OLE directly under
him despite never having worked for the BLM.

Martin stated, We brought in people who told their buddies in Border Patrol or
wherever else. Hey, come to the BLM, there's a lot of kick-ass stuff going on
here. Abbey opined the restructuring created, A faction within the agency. I think,
in many respects, they have become a separate organization.

The former officials further explained how Woody reorganized the BLM OLE
program thereby giving him more autonomy to him and to his SACs who oversee
the various Regions. Martin was hesitant to name names, but like others critical
of the direction that BLM OLE had taken, Martin clearly meant Love, the SAC for

75 United States District Court, District or Nevada, Case No. 2: l 2-cv-0804-LDG-GWFand


https:// www.ralstonreports.com/ sites/ default/ files/ legalmemo.pdf
~6 High County News. The BLM's Arms Race On The Range, February 2, 2016.

18
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 35 of 103

Utah and Nevada. More particularly, Love presided over the unexplained
cancellation of the BLM cooperative agreements with several county sheriff
departments in the Sate of Utah, which left SLM OLE PRs without backup.

BLM OLE Incident #5: Blanding Canyon Ride {Blanding. UT}.

On May 10, 2014 77 , more than two hundred people including armed militia
gathered in Centennial Park in Blanding to protest the BLM OLEs restriction
against off-highway motor vehicle use on trails throughout nearby Recapture
Canyon, Dr. James Redd's son Jay Redd, Ryan Bundy and San Juan County
Commissioner Phil Lyman, allwho organized the protest.

The BLM closed the canyon to off-highway motor vehicle (OHV) use in 2007 with
the stated purpose of protecting ancient cultural sites and artifacts. After the rally
a group of about fifty riders drove their motor vehicles through Recapture
Canyon, where Ancestral Puebloan archaeological sites were damaged by the
protesters.

On December 18, 2015, U.S. District Court Judge David Nuffer sentenced
Lyman and co-conspirator Mote Wells to serve ten days in jail, three years of
supervised probation and to share in paying $96,000 to repair damage caused by
the OHV in RecaptureCanyon.

In sentencing the men Nuffer stated, It will make people on both sides of the
issue angry. Nuffer reasoned, that a long sentence would inflame people who
want to change federal land use policy, while no jail time would do the same for
those who favor land protection.

BLM OLE Incident #6: The Counties And The State Of Utah Believe Love
Cancelled $244,oyorth Of BLM Contracts With Multiple Rural Counties
Out Of Retaliation !

The aftermath of embattled Nevada rancher Cliven D. Bundy's showdown with


the BLM OLE in Bunkerville, NV on April 2014, led to the devolution of county law
enforcement contracts with the BLM OLE in Utah. When Love didn't renew the
law enforcement contracts, several rural county sheriffs wh.o relied on this
funding became wary, frustrated, defiant and angry with the BLM OLE.

In June 2014, Garfield County Utah Sheriff Danny Perkins sat down in a
conference room with Lauro in Washington, D.C. Perkins was aware Lauro was

The ride happened a month after the tense standoff in Bunkerville, NY.
Deseret News article published on June 28. 2014. by Amy Joi O'Donoghue.
Utah to BLM: Rein In Your Cops, October 19, 2014, by Salt Lake City Tribune reporter Brian Maffly.

19
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the decision-maker who could make life somewhat easier back home in Garfield
County, or keep it strained.

Six county commissioners from Iron, Beaver and Garfield counties also
accompanied Perkins to Washington, D.C., for a series of meetings to air their
complaints. Chief among their complaints was the fractured and abysmal
experiences the rural Utah sheriffs were having with Love. Perkins related, We
have tried, they (BLM) seem to want to do their own thing. They (BLM) do not
respect the authority of the sheriff at all. It is hard for them (BLM) to accept that
this sheriff is the chief law enforcement officer in this county.

Garfield County Commissioner Leland Pollock who was also part of the group
stated, we have many examples of the abuse ... if this guy (Love) does
something that blows up; we are all going to be on the TV. It is a scary scenario,
especially in rural Utah. The "this guy" Pollock is referring to is Love, who
commissioners accuse of spreading a culture of dismissive arrogance among his
coworkers.

Perkins and Pollock pointed out, it's been impossible to have any sort of
productive relationship with the BLM in Utah because of their confrontational
behavior and their inedibility to even work with other federal agencies. Perkins
added, I got a really good working relationship with the U.S. Forest Service and I
have always had a good relationship with the park s people (NPS). The problem
1

is with the BLM.

Perkins reiterated how he has three national PRs who were deputized in
Garfield County and he has a similar arrangement with the USFS, but he
wouldn't entertain having a similar arrangement with the BLM because of the
conduct of the agency's officers. Perkins stated, There s no way in the world I
1

would consider deputizing the BLM officers I have in this county - none. I have
had the folks in northern Utah tell me they'll never come back to my county
because of how they were treated by the BLM officers at the monument. The
counties and the state of Utah believe Love cancelled $244,000 worth of BLM
contracts with multiple rural counties out of retaliation for them having attempted
to rein inhim (Love) in.

BLM OLE Incident #7: On July 1. 2015. Kathryn Steinle Was Kill,t In San
0
Francisco, CA With A Handgun Stolen From A BLM OLE Ranger .
81
On June 27, 2015, BLM PR John M. Woychowski Jr's personal vehicle was
burglarized when he stopped in San Francisco, CA and his .40 caliber

xo Woychowski was hired when Woody was the BLM OLE Chief. Did Woody or Woychowski's
immediate supervi:-.or properly familiarize Woychowski with BLM firearms policy, to include
securing weapons while off duty carry and in-vehicle storage while in travel status')
, Woychowski resides 683 Dulles Court West ImperiaL CA 92251; 860.305.3017.
1

20
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government-issued Sig Sauer model P239 handgun that was left unsecured in a
backpack was stolen. It's alleged that Woychowski was in downtown San
Francisco on official government travel 81 . Woyshowski is a field-training officer
at the BLM OLE offices in El Centro, CA83 and who was the recipient of the 2011
BLM Ranger of the Year Award.

On July 1, 2015, Juan Francisco Lopez-Sanchez, a 52-year-old felon,


reportedly shot and killed Steinle with Woychowski's weapon as she walked
along a Pier 14 with her father and a friend on July 1st.

On May 27, 2016, Steinle's parents filed a federal lawsuit against BLM and
several other entities. The family's claim against the BLM alleges that
Woychowski violated departmental policy by leaving his fully loaded service
weapon, which was stolen from an unintended vehicle inside a backpack that
was in plain sight.

The shooting triggered a national debate over immigration, after it was revealed
that the San Francisco Sheriffs Department had released Lopez-Sanchez
despite a federal request to detain him for possible deportation. Lopez-Sanchez
was previously deported five (5) times to his native Mexico. President Trump
has repeatedly mentioned Steinle's killing as he calls for a border wall and mass
deportations to curb illegal immigration.

On January 20, 2016, Chaffetz announced that he planned to introduce a bill to


strip the BLM OLE of its law enforcement authority84 _

BLM OLE Incident #8: SAC Love Demands Sirloin Steak/Prim Rib Meals
And 4-Hour Acee To Ice Cream F r Law Enforcem nt Personnel
Throughout The September 2015 Burning Man Festiva _.

Love, despite being responsible for the Cerubus Action Investigation and the
Cliven Bundy Standoff, demanded that the Burning Man Organization build a
separate compound, with amenities such as flushing toilets, washers, dryers,
sirloin steak/prim rib dinners and 24-hour access to ice cream for his law
enforcement officers who were assigned to work at the Burning Man Festival.
Moreover, Love informed the event planners that he also required his own
personal bathroom trailer.

,, "Why was Woychowski in San Francisco, CA with hi, government-issued firearm when he re,ided some
six hundred miles away in El Centro, CA?
83 The El Centro Bureau ofLand Management Office i, located at 1661 S 4th St, El Centro, CA 92243;

760.337.4400.
84 Deseret News article published by Amy Joi O'Donoghue on March 8, 2016.

'·1 Reno Gazette-Journal, dated June 29, 2015 and Las Vegas Review Journal dated July 5, 2015.

21
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Former BLM director Abbey who now works as a consultant for Burning Man
Festival, called the requests bulls**t. Abbey hinted Love was using his authority
to approve permits and to threaten the event organizers. Senate Minority
Leader Harry Reid (D-NV) also criticized Love's demands in a letter to Jewell,
saying, living with the elements is part of the experience.

During the first trial for the Bundy co-defendants, Toni Ziminski, the BLM
communications director for the Bundy cattle confiscation, admitted she
shredded documents at the compound and somehow lost vital recorded records
of radio transmissions, because somehow the hard drive that ran the recording
device had mysteriously come unplugged. Ziminski was never asked if Love
had told her to shred the vital documents, nor was she asked if Love had asked
her to unplug the hard-drive. Both would have been fair questions had the
defense known Love had given the order.

The United States Government has a long history of covering up for Love from
2006 to date, and that fact could not be made any clearer than by what is not
being allowed to be entered as evidence, and who is not allowed to be called to
the stand, in the Case of US vs. Cliven Bundy et al.

Former United States Secret Service (USSS) ASAC Rand Alan Stover86 87
turned BLM SA, took the stand in early February 2017, during what the press has
dubbed The Bundy Ranch Trials and would begin what would be a long line of
BLM and FBI agents who ineffectively tried to become the voice of Love.
Because the prosecution had hidden the facts surrounding the DOI OIG
investigation and pending the Congressional inquiry, the defense was ill prepared
to ask Stover whether or not he too had tampered with evidence.

The record further reflects Stover was a vital participant in the scheme to help
Love insure the employment of a former United States Marshal and their friend,
Mark Jucha, to the BLM OLE. Stover was in charge of the interview process that
allowed only the top ten (10) applicants to interview for the job. Jucha was not
initially among the top ten (10). Love, with help from Stover, expanded the
rules of the hiring process to include the top thirty (30) applicants and made it
possible for Jucha to be interviewed and hired over those who were
better qualified for the job. Stover would later admitthat he followed the order of
Love to expand the interview process to include J ucha because after al I, Love
was the SAC and it was Love's region.

Since the Bundy Ranch Trial began prosecutors and Judge Gloria Navarro
have been accused of at least five (5) incidents of prosecutorial misconduct for

Ki,Stover is assigned to the BLM State Offices at 440 W 200 S #500. Salt Lake City. UT 84101:
801.592.5841.
87 Stover reside~ at 958 E 900th S. Saint George, UT 84790: 801.676.9698

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with-holding evidence that resulted in the jury not hearing the facts surrounding
the case. Two of those accusations directly involve the cover-up of the outcome
of the investigation by the DOI OIG and the United States Congress's inquiry into
the misconduct Love, to which he was found guilty.

Again, On January 30, 2017, the DOI OIG posted on their website the results of
their investigation of Love 88 , wherein they determined Love had improperly used
his official position in regards to overseeing the 2015 Burning Man Festival:
• The DOI OIG also confirmed that in 2015 Love had improperly intervened
in the BLM SA hiring process that facilitated the hiring of his friend Jucha,
instead of other qualified applicants.
• When interviewed the DOI OIG established Love had displayed a lack of
candor and he also had attempted to influence several BLM employee's
testimony, prior to the individuals being interviewed, and subsequently to
learn of their interview details. Moreover, these employees feared that
Love would retaliate because of the information they had provided.
• More specifically, two BLM employees said they were coached by Love
prior to their interviews that the response I don't recall was a valid answer,
when responding to DOI OIG questions. And subsequent to the interview
Love asked, So do I still have a job or did you get me fired?
• Love blamed a third BLM employee for filing the complaint and he
threatened to ruin her career if she did anything. Love later told her, If
you're not on my ship, you're going to sink... So I suggest you get on my
ship.
• The DOI OIG found that Love had violated Federal ethics rules when he
used his contacts and influence with Burning Man Festival officials to
obtain tickets and special passes for his family.
• Love had directed five (5) on-duty BLM law enforcement employees to
drive, escort and provide security for his girlfriend and family members
throughout the event in SLM-procured vehicles.
• Love's family also received overnight lodging in SLM-leased facilities and
unauthorized access to the BLM's Incident Command Post.
• The DOI OIG further substantiated that Lauro was present when the
aforementioned transgressions took place. More specifically Lauro
observed Love use BLM ATVs and BLM personnel to transport his
girlfriend and family members and Lauro was further aware that Love
allowed his girlfriend to share his BLM overnight lodging accommodations
during the event. Yet Lauro failed to reprimand Love for these
transgressions.

The DOI OIG also determined the following:


• At the conclusion of Operation Cerberus Action Investigation, Love
directed a BLM evidence custodian to retrieve several of the artifacts from
the evidence room so he could display them on his desk. The internal

8ghttps://www.doioig.gov/sitcs/doioi
g.go,·/files/Ethcia!ViolationsAndMisconductByBLMOfficiab_Pu blic.pd
lEulsa Treat (DOI OIG Inspector Genera I website.)

23
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 40 of 103

investigation further disclosed that Love gave several BLM SAs, other law
enforcement officers and one private contractor Indian Artifacts known as
moqui marbles to keep as a trophies which he (Love) and his (Love)
close friend FBI SAC Greg Bretzing 89 90 seized during the course of the
2009 investigation.

According to Chaffetz, the DOI OIG investigation raised more questions than
Love had answered. The letter reflects Love not only threatened people in his
office while demanding they lie during the investigation, but he also had an
employee shred and destroy untold amounts of evidence in the form of
documents and hard-drives, containing internal emails the day before the
congressional inquiry was to begin scrutinizing the office Love was in charge of.
BLM Director Neil Kornze was also suspected of giving Love the heads-up
before the investigation took place, prompting Love to destroy the most critical
documents the congressional panel was looking for.

Subsequent to the investigation, Chaffetz introduced H.R. 622 - Local


Enforcement for Local (Federal) Lands Act. This bill declares that, by September
30, 2017, the USDA and the USFS would have to terminate their law
enforcement and investigations units and cease using federal employees to
perform law enforcement functions on federal lands. Also by such date, the DOI
would terminate the BLM OLE and cease using BLM employees to perform law
enforcement functions on federal lands.

The DOI OIG also forwarded the report to Woody for corrective action and on
August 1, 2017 a reporter asked Woody about it. Although Woody expressed
concern about the DOI OIG's investigation's findings, Woody was less than
candid about his involvement, as follows:
• Woody failed to tell the reporter he had previously been the Chief of the
BLM OLE during the period August 8, 2003 to March 7, 2011.
• Woody failed to tell the reporter that Love was his close friend and he had
previously hired and promoted Love, despite Love being a Giglio-
Impaired SA.
• Woody failed to tell the reporter that the moqui marbles had previously
been seized from the Reed's during the course of the Cerberus Action
Investigation, wherein three people committed suicide.
• Woody failed to tell the reporter he was the official that he created the
flawed system in both the collection and inventory of seized evidence.

89
Bretzing was the co-case agent with the FBI along with Love in the Operation Cerberus Action
Investigation. Bretzing was also the FBI case agent for the Malhuer NWR Takeover. In January 2017.
Bretzing resigned from the FBI an d began working for the Greenbrier Companies, Inc., in a newly
created role as the Director of Global Security and Special Projects.
90 Bretzingresidesat5501 NW 142 nd Street, Vancouver. WA98685;540.752.1916.

24
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William Charles Woody Was Appointed The Chief Of The FWS OLE On
a,
March 2011.
Woody became the Chief of the FWS OLE on March 8, 2011. FWS OLE
managers are alarmed by Woody's management style wherein he seeks the
limelight and the attention of the media. Woody peruses high profile international
investigations that keep him in the spotlight as opposed to domestic
investigations, which protect wildlife, endemic to the United States 91 . Woody is a
superfluous manager who is remaking the FWS OLE into his own Vanity Project,
rewarding employees for aggressively undertaking controversial investigations
pursuing the rule of law, rather pursuing the spirit of law and earning the trust and
support of the public.

Woody has also fomented a bitterness within the ranks of the FWS OLE by
preselecting his former colleagues from the BLM OLE for management positions
within the FWS OLE, over more highly qualified employees currently working for
the FWSOLE.

Perhaps it was easy for FWS Director Daniel M. Ashe to overlook Woody's
malapropisms and his confrontational attitude whenever his BLM OLE
subordinates questioned Woody's management decisions. But at least Woody
had a college degree as opposed to his predecessor Chief Benito Arturo
Perez92 , who was merely a high school graduate.

One of the things that angers FWS OLE personnel is that Woody is changing the
fabric and culture of the FWS OLE for the worse. Woody is carrying over the
heavy handed tactics and the management style he was known for with the
BLM OLE and bringing it to the FWS OLE, where he has created a hostile work
environment and which was the gneiss for FWS Wildlife Inspectors (Wis) to
become unionized - all which has reduced the FWS OLE's productivity.

Woody is further changing the FWS OLE culture by transferring many


individuals who had previously worked for him at the BLM OLE to the FWS OLE.
To include hiring Division Chief (DC) Jeanne Marie Vanlancker93 94 . hiring
Senior Special Agent (SSA) Noel Devon Wagner 95 and hiring Joan M.
Mundt 96 as his Executive Assistant.

91 Chavez is stationed in Albuquerque. NM; 505.248.7889). SAC Gregory Jackson is slalioned in

Bloomington. MN; 612.713.5320), RAC Scott Kabasa is statiored in Nampa. ID: 208.442.9551, RAC
Andrew Aloise and SA Terry Hasting Jr. who is stationed in Atlanta, GA ;404.763.7959 is trying to
transfer to another agency due to FWS OLE mismanagement.
92 Perez resides at 376 7 County Road #440, Alice, TX 38332; 361.664.8886.
9 3 Vanlanker is stationed at Headquarters (703.358.1949) where her pay grade is GS- I 5.
94 Vanlanker resides at 5302 Richardson Drive, Fairfax VA 22032; 703.323.5480.

95 Wagner is stationed in Albuquerque. NM (50 5.3 46 .78 28) where his pay grade as is a GS-14.
% Mundt was formerly Woody's executive assistant at the BLM OLE.

25
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 42 of 103

Woody violated FWS Policy (232 FW 2 Law Enforcement Training) by failing to


have Vanlanker, Wagner and perhaps other BLM OLE employees which he
transferred to the FWS OLE, by failing to have these employees attend eight
weeks of training in the Special Agent Basic School (SABS) at the Federal Law
Enforcement Training Center (FLETC). When questioned, the majority of the SAs
and FWS OLE mangers will say they are upset at Woody because he is
hiring/placing BLM OLE employees in FWS OLE managerial positions without
absolutely any wildlife expertise. In addition he's allowing these individuals to
preselect and be stationed at duty stations of their liking. In the process, Woody
not only is fomenting bitterness within the FWS OLE itself, but he has left a
personnel mess behind at the BLM OLE. But for the fact of Love's current
predicament out west, Woody would've made Love the FWS OLE DC.

On, November 4, 2011, Alaska Congressman Don Young met with Woody to
discuss his concerns with the FWS OLE practices in Alaska97 . Woody assured
the congressman he would travel to Alaska to meet with and to hear his Alaskan
constituents concerns about the FWS OLE SAs who were acting in an
aggressive and overzealous manner.

FWS OLE Incident #1: Stoinski's Second Instance Of Misconduct.

In 2004, Stoinski provided the DOI OIG derogatory information about several of
his law enforcement colleagues in Alaska. When Stoinski was hastily banished
for misconduct reasons from the Mountain-Prairie Region to Alaska, Stoinski
didn't posses a private pilots license. Stoinski has a likeable personality so his
immediate supervisor RAC Charles (Corky) Roberts 98 made arrangements for
the FWS OLE to pay for Stoinski to obtain a private pilots license. Unfortunately,
when the FWS OLE didn't have the funds to pay for Stoinski's instrument rating,
he became disgruntled and he contacted the DOI OIG offering to become their
snitch. Most puzzling, Stoinski wasn't even smart enough to realize he was
implicating himself and thereby creating additional credibility and dishonesty
issues for himself.

Stoinski told the DOI OIG investigators that ASAC James Wesley
Ashburner99, SA Obe Burke Lowry 100 . RAC James W. Pilgrim 1° 1• SA David
Prosser Rippeto 102. Roberts and SA Pilot Michael Wade 103 were all misusing

97 Congressmen Young's website.


9~ Roberts retired sometime around August 20 I 5. He resides in Kennewick.WA; 509.392.2 337.
99
Subsequent to the investigation Ashburner was promoted as the ASAC. He is stationed at 9 I I NE
11th Ave .. Portland. OR; 503.231.6925.
l(JIJ Subsequent to the investigation Lowry was promoted as an SA with the DOI OIG. Lowry

currently resides at 1750 Flandro Drive. Unit 2002, Pocatello, ID 83206.


101 Subsequent to the investigation Pilgram was promoted as the RAC for Richmond, VA. Pilgram

resides at 13177 Scotchtown Road, Beaverdam, VA 23015; 5 I 7.528.1337.


102 Rippeto is currently stationed in Cody. WY; 307.527.7604.

10., Wade works in Nome. AK: 907.443.2479.

26
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 43 of 103

government vehicles, boats and aircraft during both working hours and on their
days off to take their family members on legal/illegal hunting and fishing trips.

Stoinski reiterated how Roberts and Wade also used racial epithets against
Native Alaskans. At the conclusion of the investigations when Stoinski's
allegations were sustained against all of the aforementioned, he was transferred
to Green Bay, WI. He became a pariah, so Perez and Woody went to great
lengths to minimize Stoinski coming into contact with his former Alaskan
colleagues at the annual FWS OLE in-service forty-hour law enforcement training
sessions. On the few occasions when Stoinski bumps into Wade, Wade
reminds Stoinski that he frequently pleasures himself when thinking about his
wife, Linda Stoinski.

The poor moral and the distrust of the FWS OLE Alaska Region by the
Indigenous Peoples of Alaska can be tracked all the way back to RAC Mark
Webb, when he was stationed in Fairbanks, AK. Webb is a narrow-minded Mark
Fuhrman like racist who persecuted the Indigenous Peoples of Alaska. Webb
routinely made vitriolic and malevolent allegations against the Indigenous
Peoples of Alaska to the media and the press, with nary a shred of testimonial or
physical evidence.

Although Regional Director David Allen was annoyed enough to demote


Webb, he wasn't enraged enough to terminate Webb. Rather, Allen saw to it
that the FWS OLE created a new duty station in Lincoln, NE for Webb to be
transferred to, which was conveniently located in Webb's home state. The
message the FWS OLE received was that bigotry was acceptable and the worst
possible outcome in a disciplinary proceeding was not termination, but a
government expense paid move back to your home state, which is the objective
of the majority of the OLE SAs anyway.

Webb corrupted several SAs who were stationed in Alaska at the time, including
his subordinate Roberts, who would eventually replace Webb as the RAC in
Fairbanks. As Roberts' supervisor, Webb demonstrated to Roberts and the
other SAs in Alaska how it was appropriate for them to misuse government
vehicles and aircraft to transport family members on recreational hunting/fishing
trips throughout Alaska. Webb also conditioned Roberts into believing the
Indigenous Peoples of Alaska were inferior and they should be humiliated and
persecuted. Webb also taught Roberts and others to use racial slurs and
epithets such as Pie, when referring to the Indigenous Peoples of Alaska.

Once Webb arrived in Nebraska, his best bud Mowad allowed him to keep his
government pilots license even though Webb had crashed and wrecked three (3)
planes in Alaska. Moreover, after the transfer took place Mowad would
periodically allow Webb to travel back to Alaska to train other less experienced
pilots stationed in Alaska to fly, to include Roberts, Pruszenski, Stoinski and
Wade.

27
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 44 of 103

In interacting with the aforementioned SAs, Webb further hardened his


co-workers against the Indigenous Peoples of Alaska through his intolerance and
incendiary comments, which was akin to spraying gas on a fire. As discussed
earlier, history repeated itself in 2003, when Stoinski provided derogatory
information to DOI OIG that he along with Pruszenski, Roberts, Wade and other
Alaskan SAs, were misusing government vehicles and aircraft to transport family
members on recreational hunting/fishing trips throughout Alaska.

Although the later DOI OIG investigation substantiated the offending SAs used
racial slurs and epithets such as Pie, when referring to Indigenous Peoples of
Alaska, the disciplinary results were similar to that of Webb. Although Roberts
was demoted, Perez and Paul Richard Chang made a decision to create and
transfer Roberts at government expense to a new duty station in Richland, WA,
Robert's home state. Stoinski was transferred to his home state too, which was
Wisconsin and Chang eventually promoted Roberts to his former grade in
Washington State in short order.

Despite having the aforementioned integrity, honesty and morality issues, Perez
and Woody allowed Ashburner, Pilgrim, Rippeto, Stoinski and Wade to
continue to work as Giglio-Impaired SAs; to include affording them promotions,
traveling overseas, working with foreign government officials, testifying in court,
and being an affiant in arrest and search warrants.

DOI OIG investigators also interviewed Roberts concerning the 2004 events,
which led to him being demoted and transferred from Fairbanks, AK to Richland,
WA in May of 2006 104 :
• Woody's predecessor Perez I05 and ASAC Chang 106 were personal
friends of Roberts.
• Historically and within a radius of some 200 miles the FWS OLE has never
had an employee assigned to the Richland, WA locality.
• Roberts's family were originally from the Richland, WA area so as a
personal favor to Roberts, Perez and Chang moved him to a locality of
his choosing (Richland, WA) a locality were Roberts wanted to retire.
• Robert's move cost the FWS OLE more than $150,000.
• In furtherance of the fix being in, the DOI OIG failed to recognize that
Perez and Chang in order to right Robert's earlier demotion,
subsequently promoted Roberts back to his former grade.
• As was the case in 2015 when the DOI OIG the confirmed Love had
improperly intervened in the BLM SA hiring process which facilitated in the
hiring of his friend instead of other qualified applicants, Perez and Chang
made sure the applicant pool for Robert's GS-13 supervisory position in

104 Roberts retired sometime around August 2015. He resides in Kennewick.WA; 509.392.2337.
1 OsPerez retired on January 31, 20 I l.
106 As a personal favor Woody created SA/Special Advisor position for Chang to occupy in his

hometown of Hilo, HI; 808 .93 3.6964. Chang resides at 28277 Stable Camp Road, Honomu, HI;
808.896.3211.

28
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Richland, WA, was only open to current eligible FWS OLE employees
within the local commuting area. So of course everyone in advance was
aware that Roberts would be the only applicant.
108
Former Alaska SAC Pruszenski 107, SAC Stephen Arthur Oberholtzer and
former Mowad were so smitten by Jill Janet Birchell's overt sexuality they
routinely promoted her over and over again, despite her character and ethical
flaws. Moreover, they also allowed her to pursue a law degree at the University
of Detroit Mercy School of Law, with FWS OLE funds and on government time.

As early as 2001, Birchell and Wade were novice agents stationed in Alaska.
Birchell who is known to drink excessively is married to Richard Bruce
109
Birchell . The couple has always maintained an open marriage and it was
common knowledge that Wade who was Birchell's drinking partner would take
semi-nude compromising photographs 110 of Birchell when she was inebriated
and they worked on overnight details together.

It was also common knowledge amongst the FWS OLE staff in Alaska that
Birchell's husband Richard Bruce Birchell is a registered sex offender and
111
convicted felon

Over time, the aforementioned FWS OLE managers chose to promote Birchell
further up the chain of command, first as a desk agent at headquarters where
she worked for SSA Kevin Garlick112 and then as an ASAC in Albuquerque, NM
113
under SAC Nicholas E. Chavez Even Woody was aware of Birchell's
husband's conviction, yet in 2012 he promoted Birchell to become the SAC in
Sacramento, CA (Pacific Southwest- Region 8).

Despite having the aforementioned integrity and morality issues, Woody also
continues to allow Birchell to continue to work as Giglio-Impaired SA, to include
traveling overseas, working with foreign government officials, testifying in court,
and being an affiant in arrest and search warrants. There are more questions
about Birchell than there areanswers:

107 Pruszenski retired in August 2015. He resides at 7200 Crooked Tree Dr, Anchorage. AK 99507;
907.868.2568.
I0 ~ At the time Oberholtzer was the ASAC of Alaska. In August 2009 he became the SAC of Region Six

134 Union Blvd., Suite 400 Lakewood, CO 80228; 303.236.7893. Oberholtzer resides at 5394
Dunraven Circle. Golden. CO 80403: 303.279.4370.
109
Richard Bruce Birchell was born on December 15. 1960.
110 Wade showed these photographs to Stoinski and other SAs. The photographs served two

purposes. braggadocio and blackmail.


111 In 2004. Richard Bruce Birchell was convicted in the Anchorage Alaska Superior Court of

second-degree sexual abuse with a minor in violation of Statute# 3601 B. The crime occurred on May
10, 2003 and he was convicted on February 12, 2004 (Docket #3AN-S03-5235). He currently resides
at 7250 Chili Hill Rd, Newcastle, CA 95658.
112 Garlick is stationed at headquarters: 703.358.2481.
11 2 Chavez resides at 1604 Arbolcra Loop SE. Rio Rancho. NM 87124; 505.281.1131.

29
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 46 of 103

• Why was Sex Offender Richard Bruce Birchell allowed to attend FWS
OLE functions, where on some occasions minors were present?
• Did Birchell or other FWS OLE SAs testify on Richard Bruce Birchell's
behalf or use their position to mitigate her husband's sentence or the
terms of his probation?
• As required by statue, has Richard Bruce Birchell registered as a Sex
Offender as he moved from state to state with his wife?
• Did Birchell disclose this information on her periodic background
investigations and if so how does she maintain a Top Secret Clearance?
The disclosure is a veracity test, the more you can understand about ones
ethics, honesty, character or lack thereof.
• Why is Birchell allowed to keep Service issued firearms in her residence
where a convicted felony resides?
• It's further alleged Sirchell has failed to pay Nanny Taxes 114 in relation to
paying childcare services for her children while she is working.

In 2012, DOI OIG investigators interviewed Wade, and he admitted he had taken
semi-nude photographs of Birchell 115 when she was stationed in Alaska.

The DOI OIG has made it a point to regularly speak to our SAs at the Annual
Office of Law Enforcement Annual In-Service Refresher Training Sessions.
These talks have alternated from the scared-strait program for corporate
white-collar professionals, to the importance of ethics and integrity in the law
enforcement culture. It does not suffice for FWS OLE managers to give proforma
admonitions to their subordinates to behave honestly when their examples in
themselves show a total disregard for personal integrity.

FWS OLE Incident #2: Gibson Guitar Corporation <GGC}Search Warrant


Execution.

Woody carried over his same overzealous management style from the SLM OLE
to the FWS OLE. Under Woody's approach SLM OLE and FWS OLE SAs are
required to justify their next promotion by undertaking high profile investigations
like Operation Cerberus Action Investigation. Woody has energized his SAs to
pursue these high profile targets with more confidence and with the expectations
that SAs are expected to generate media hype that inevitably results in a failed
prosecutorial outcome.

After initially working as a FWS refuge officer, SA Ryan Michael Noel 116 was
hired to work for the FWS OLE in 2004 at age 32. Noel was originally stationed

114 When you hire someone to work in your home, the government considers you an employer. Asan

employer you are responsible for paying employment taxes. If you paid your nanny S2,000 or more
in 2016. you should withhold and pay Social Security and Medicare on all wages.
115 Birchell is the SAC in Sacramento. CA: 9 I 6.4 l 4.6642. Her maiden name is Jill Janet Schweiger.

1111 Noel resides at 50 I 4 East 98 1h Ave .. Anchorage, AK 99507; 907.280.9845.

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as a field agent in Nashville, TN. In 2009 Noel became the RAC in Knoxville, TN,
despite never having testified before a Federal Grand Jury or having arrested
anyone pursuant to a criminal investigation.

On August 24, 2011, for the second time in two years FWS OLE SAs raided the
117
facilities of the GGC, probably the most well known guitar maker in the world
Although the two raids were the result of different investigations, the accusations
then and in the later were similar, violations of the Lacey Act 16 U.S.C. § 3371, et
seq., a law requiring that all wood products and plants imported into the U.S.
come from legal sources. In the later matter, FWS OLE SAs seized several
pallets of wood, electronic files and guitars that were fabricated with ebony wood
that originated in India.

SA John M. Rayfield 118 was the affiant in an Application For A Search Warrant
for the GGC. As this was Woody's first affirmative law enforcement action as the
Chief of the FWS OLE, he directed heavily armed SAs to raid the GGC. The raid
strained relations between the business community and the FWS OLE, and the
investigation was regarded as arrogant and intrusive.

Winning the Battle: On August 6, 2012 the Department of Justice (DOJ)


announced it had entered into a criminal enforcement agreement with the GGC
regarding allegations that the GGC had engaged in conduct that violated the
Lacey Act. Fortunately, the agreement brought to a conclusion the controversial
investigation and a set of legal proceedings. As part of the agreement the GGC
paid a penalty of $300,000 and also made a $50,000 community service
payment to the National Fish and Wildlife Foundation. The GGC also agreed to
forfeit quantities of wood seized by the FWS OLE.

Losing the War. Unfortunately Woody's heavy-handed manners in conducting


the investigation caused a lot of backlash! On September 8, 2011, President
Obama gave a jobs speech to a Joint Session Of Congress. House Republicans
hosted thirteen business people to drive home the myriad of ways in which they
perceived federal regulations were destroying American jobs. Perhaps the
highest profile guest who was seated in Speaker John Boehner's box was
Henry Juszkiewicz, the chief executive of the GGC. For two weeks
Juszkiewicz was the public face of the renowned guitar brand that had become
a Tea Party icon, and a sought-after talk radio guest, a token victim of what was
cast as President Obama's overreaching administration.

Additionally, Senator Rand Paul (R-KY) introduced the Freedom from Over
Criminalization and Unjust Seizures Act of 2012 (FOCUS Act - S. 2062) on
February 2, 2012. The proposed bill also removed every reference to foreign law

117 At the time. Noel supervised SA John M. Rayfield who was the affiant.
118 Rayfield who is currently the RAC for Nashville, TN, resides at 75 Rabbit Hill Lane. College Grove, TN
37046; 615.794.7596.

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within the Lacey Act and substituted the Lacey Act's criminal penalties, which
Rand said deemed a reasonable civil penalty system. Senator Tom Coburn
(R-OK), Senator Jim DeMint (R-SC), Senator Mike Lee (R-UT) and Senator
James Risch (R-ID) were co-sponsors on the legislation.

In introducing the legislation, Rand opined that numerous amendments to the


century-old Lacey Act, including most recently in 2008 to include illegally
harvested woods, have produced what today is an extremely broad and vague
law that contains harsh criminal penalties. The amendment followed in the wake
of the FWS OLE raids on the GGC, carried out in November 2009 and August
2011.

Rand added, The Lacey Act now serves as a high profile and frightening
example of over-criminalization, victims who included David McNab and Abner
Schoenwetter, who spent years in federal prison for violating invalid Honduran
fishing regulations and, most recently, Henry Juszkiewicz, the Chairman and
CEO of Gibson Guitar Corp., whose company was raided by armed federal
agents this past August.

In its present form, the FOCUS Act of 2012 would have also removed authority
from the FWS OLE SAs, NOAA SAs and other law enforcement officers to carry
firearms. Currently, this authority exists only in the Lacey Act. It was validated by
a 1920 U.S. Supreme Court decision (Missouri v. Holland).

FWS Incident #3: The Good Old Boy Network And The Cycle Of
11
Nepotism ~-

Woody's sister Carol Ann Woody 120 is also a product of nepotism through her
fathers' (Jack B. Woody) connections in securing her initial employment with the
USFS and the United States Geological Survey (USGS). After attaining her PhD
and working as a self-employed federal contractor/fisheries biologist, since 2016
Woody has been employed as a fulltime federal employee with the NPS in
Alaska.

Woody's close friend Donald J. Barry, Esq. 121 the former Assistant Secretary for
the FWS also engaged in nepotism. Barry assisted his wife Irene Teiko Saito
negotiate from the bottom rung of the FWS hierarchy to the zenith, when in 2011
she retired as the Assistant Director for International Affairs, with a salary
$165,000.

The genesis of moral problem begins with the failure of FWS OLE managers to
abide by the principals of the Federal Merit Promotion System and instead adopt

1
5 U .S.C. Section 3110 Employment of relati vcs.
120Woody resides at 6601 Chevigny Street. Anchorage, AK 99502; 907.248.4776.
121 Barry and Saito reside at 1121 Quaker Hill Court. Alexandria, VA 22314: 7703.751.60 I0.

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in these difficult economic times a employment scheme that is supported by


nepotism, cronyism and being part of the Good Old Boy Network. As an
example, Woody and his managers hire their relatives and their friends into entry
level administrative or WI positions through the Service's college internship
program known as the Student Career Experience Program ( SCEP/ 22 .

SCEP students are eligible for non-competitive conversion to a career or career


conditional appointment within 120 days of the conferment of a college degree
and satisfactory completion of SCEP program requirements.

As was the case of Love, Woody and his FWS OLE mangers are gaming the
system in preselecting their relatives and friends by alerting them to these
vacancies in advance and by further withholding this information from the Office
of Personnel Management (OPM), thereby denying more highly qualified
candidates, including veterans from securing entry level employment. Woody
and these managers further rig the system by posting the announcements for
limited time durations and for undesirable duty stations in urban areas like New
York City, when in fact the applicant will be immediately transferred to a more
desirable duty station once the applicant completes their training.

In March of 2008, SAC Salvatore M. Amato 123 used his position to secure his
son Michael S. Amato 124 125 a weeklong internship at the Clark R. Bavin
National Fish and Wildlife Forensic Laboratory, under the tutelage of Forensics
Laboratory Deputy Director (FLDD) Edgard Espinoza 126 . Amato undoubtedly
would have used his position to further advance his son's career with the FWS
OLE, but for the fact Amato was forced to resign in May of 2013, for employee
misconduct issues.

Espinoza has been the FLDD for the FWS OLE for three decades. Sometime in
2011, Espinoza used his position to enroll his daughter SA Jesica Espinoza
into the SCEP program, where she would ultimately work for Chang as an

122 www.fws.gov/pacific/aba/dcr/docs/SCEP%20Brochurc%2099.pdf.
m After Amato resigned he established a sole proprietorship called SMA Consulting. Amato used
the initials from his name SMA to formulate the company's name SMA Consulting. Amato last
known address in the US was 210 Jensen Street. Belchertown, MA 01007: 413.835.1182.
124 Amato wrote. Michael then a junior in high school completed an inf<mnal, ,veeklong internship at

the U.S. Fish and Wildl(feService Forensics Laborator_v in Ashland, Oregon. Michael was contemplating
a career as a scientist, particularly in the field 1~{ wildlife and environmental science. He had numerous
discussions with teachers and advisors regarding the d(fferent types <Jf ivork being done by scientists, i.e.
field,vork. laboratory work etc. and we felt this 1vould be an excellent opportunit_v to expose him to the
work beinf!, done at a real laboratory by real scientists. See:
http://annamiticus.com/2013/10/03/ivory-destruction-beyond-burning/ An inquiry will disclose the
FWS OLE paid for SAC Amato and his son's trip to Ashland, OR.
125 Amato who was born on August 16, 1991, resides at 210 Jensen Street, Belchertown, MAO I 007;

413.323.4748.
126 Clark R. Bavin National Fish and Wildlife Forensic Laboratory, 1490 E Main St, Ashland, OR

97520; 541.482.4191. Espinoza resides at l 098 Pleasant Way, Ashland, OR 97520; 541.482.4191.

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 50 of 103

investigative case specialist in Portland, OR. Sometime in 2013, Woody hired a


new class of SAs to include Jesica Espinoza 127_ The aforementioned is but one
of many examples of nepotism occurring within the FWS OLE and additional
examples will be discussed further in this document.

Chang was born and raised on the Big Island of Hawaii and he attended the
private Kamehameha Schools that is open only to individuals of Hawaiian
decent. As a student Chang began to envision a life of privilege and entitlement.

Chang has been the subject of several administrative investigations regarding


the sexual harassment of FWS OLE employees 128 and the misuse of government
funds, wherein he structured travel between his office/home in Portland, OR and
the Hawaii/Pacific Commonwealth Territories, where his family and friends
reside. While the SAC of Region One Chang had unlimited access to
government funds to purchase equipment for himself, as was the case when he
purchased a 35mm format camera and telephoto lens 129 . and which he
surreptitiously converted in his move to Hilo, HI.

Instead of terminating Chang for the aforementioned transgressions, in 2012,


Woody acting out of friendship created a completely new duty station for Chang
on the Big Island in the community of Hilo, HI. In devising this new position
Woody anointed Chang as a Special Advisor wherein he would collect a salary
in excess of $150,000 a year, until he attains his mandatory retirement age in
November 2018.

FWS Incident #4: Upper Peninsula North Fish Company (UPNFC}


Undercover Investigation (Region 3}.

Beginning in August 2012, FWS OLE SA Christopher Jon Aldrich 130 (case
agent), SA Matthew G. Martin 131 and SA James Duane Persson 132 set up an

127
370 Amapola Ave., Suite 114. Torrance. CA 90501; 310.328.1516.
128 Sometime in 2004 the married, Chang started having an affair with Ali Martyn, which eventually
resulted in Chang hiring her as a WI in San Francisco, CA. Martyn had no prior wildlife experience.
Chang would periodically from Portland, OR on government expense to rekindle the fling. In 2006,
when Martyn became interested in dating WI Joe Ventura (Tonance, CA) and she persuaded Chang
to move her at government expense to Southern California. According to Rogers, Espinosa who was
enrolled in the SCEP program in 2008, was Chang's most recent sexual quarry. Chang really knows
how to tap the government piggy bank. Every year Chang saw fit to conduct a trip within in his
region as a perk for his RACs and in part because he can't afford a vacation because of his high
alimony payments. In 2010 Chang, Crum and Dean and organized a confab to the beautifully
appointed Portola Hotel and Spa at Monterey Bay.
129
Chang absconded with the camera equipment in furtherance of advancing his amateur hobby.
130
Aldrich resides at 130 Chapel Ridge Road, Marquette, MI 49855; 850.376.7819.
131
Martin was an inexperienced SA who had very little field experience and even Jess understanding
of undercover investigations to include entrapment. As late as October 2011 he was employed by the
FWS OLE as a WI in Burlingame, CA.
132
Persson retired in June 2014 and he currently resides in Blue Springs, MO; 816.461.5245.

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undercover business known as the Upper Peninsula North Fish Company


(UPNFC) on US Highway 41 in L'Anse, Michigan, on Chippewa Indian
Reservation Land located on Keweenaw Bay 133 Michigan.

The investigators principally used a Cl to target low-level tribal fisherman from


Wisconsin and Michigan who were alleged to illegally catch fish on the Great
Lakes, including tribal members from the Keweenaw Bay Indian Community, the
Red Cliff Band of Chippewa Indians and the Grand Traverse Band of Ottawa and
Chippewa Indians.

The UPNC operated both a wholesale and retail storefront where it sold fish on a
retail basis to walk-in customers. SA Jim Fuller 134 was responsible for
maintaining the undercover business books and keeping an inventory of what
equipment/fish were bought and sold. The UPNFC fish processing facility was
equipped with audio and video recording equipment in order to document illegal
transactions occurring there.

The undercover SAs further targeted wholesale businesses which were alleged
to be Illegally trafficking and falsely reporting lake trout and other fish species
harvested from Lake Superior, northern Lake Michigan and western Lake Huron.
The targets included the Peterson's Fish Market in Hancock, Michigan, the
Beaver Island Fresh Fish Market in Beaver Island, Michigan, the John Cross
Fish Market in Charlevoix, Michigan and Dan Schwartz dba Dan's Fish in
Sturgeon Bay, Wisconsin.

Aldrich was desperate and in a hurry to get out of the sticks of Gwinn, Ml, and
enjoy the big city life of Ann Arbor, Ml, where he would realize a promotion as the
RAC. Aldrich was determined to make a name for himself and garner the
attention of Woody and his immediate supervisors. So in a rush to judgment
Aldrich cut corners, violated FWS OLE policy and overlooked the criminal
activity being perpetrated by his Cl.

A time and attendance audit will disclose Aldrich was a Monday to Friday
investigator who didn't work weekends or holidays unless he was being paid
overtime compensation pay 135 . Aldrich routinely drove his government assigned
undercover vehicle between the undercover business and FWS OLE offices,
despite the fact he could've compromised his undercover identity and the safety
of the other law enforcement officers who worked with him in an undercover
capacity.

133 FWS Service Manual Chapters 447 F-1, F-2 and F-3 address the FWS OLE policies and procedures
for operating undercover investigations. the selection of undercover SAs and the selection and
management of Cls.
134 Fuller worked out of the FWS OLE offices in Bay City, Michigan; 989.686.4578. For a perfunctory

job well done Woody hired Fuller's wife Becky Fuller to be a WI in Port Huron, Ml; 810.985.9160, the
cities which are 114 miles distant.
13 " In the history of the FWS OLE, investigations were 24/7 operations where to SAs merely received

compensation in the form of Law Enforcement Availability Pay. (LEAP).

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During the initial operational planning phase of the UPNFC undercover


investigation, RAC Tom Merrell Tidwell 136 presided over both the scope of the
investigation and the selection of the FWS OLE personnel assigned to the
investigation. However, Tidwell's pathetic leadership qualities vexed his staff
causing ASAC Warren Andrew Buhl 137 and SAC Gregory M. Jackson 138 to
find him a new home as the RAC in the Mountain-Prairie Region (Region 6).

Subsequent to Tidwell's 139 departure Buhl 140 and Jackson selected SA Paul E.
141 142
Beiriger to replace Tidwell 143 as the RAC. At the time of his selection,
Beiriger was a field agent living in Columbus, IN 144 some fifty miles from his duty
station in Indianapolis, IN. However, rather than making Beiriger the RAC and
requiring him to movie to Ann Arbor, Ml, Buhl and Jackson gerrymandered the
district boundaries to accommodate Beiriger, a lifelong Indiana native to have
responsibly over both the states of Indiana and Michigan, from Indianapolis,
Indiana. Although this was a great personal benefit to Beiriger the UPNFC
investigation suffered because Beiriger, a tyro supervisor was physically more
than six hundred miles form the rogue Aldrich.

As the investigation progressed both the FWS OLE managers and the
undercover SAs overlooked the fact that the Cl and his wife had a volatile
relationship and at times during the course of the investigation they were legally
separated. The FWS OLE managers and the undercover SAs were also seduced
by the Cl's claim that there was a vast illegal market for fish and deer poaching in
the Upper Peninsula of Michigan.

Moreover, the FWS OLE managers and the undercover SAs were infatuated by
the Cl's tale that a corrupt Chippewa tribal judge was involved, even though the
tribal judge had previously sentenced the Cl. Also everyone was aware the Cl
was financially insolvent and motivated by revenge. In particular the Cl was also

!3(, Tidwell was stationed in Ann Arbor, Ml where he had responsibility for overseeing both overt

and covert undercover investigations that were conducted in the State of Michigan. Tidwell is
currently the RAC in Littleton Colorado, 9297 South Wadsworth Blvd., Littleton, CO: 720.981.2777.
Tidwell resides at 6205 Hoofbeat Place, Castle Rock, CO 80108; 720.839.1959.
1 Buhl resides at 20443 Jupiter Way, Lakeville, MN 55044; 612.616.8238.
118 .Jackson resides at 21262 lnspiration Path. Lakeville, MN 55044: 952.985.0914.

139 Despite Tidwell's lack of leadership skills in October 2015, Woody rewarded Tidwell and

selected him to be a FWS OLE instructor at a Wildlife Trafficking Course in Bangkok, Thailand.
140
Although Buhl should've collaborated with Tidwell's successor, Beiriger to safeguard that the
undercover investigation was adhering to FWS OLE policy, Buhl was AWOL, dealing with a
contentious divorce.
141 For a perfunctory job done Beiriger was promoted as the RAC Indianapolis.

142 Beiriger has since been promoted again, where he is currently stationed at headquarters. He

currently resides at 7706 Trevino Lane, Falls Church. VA 22043: 703.698.0624.


143 Of particular concern was the lack of oversight by Tidwell, Beriger, Buhl, Jackson and Woody

who merely sought publicity. The investigation was further compromised when inexperienced SAs
who also had no prior undercover experience were assigned to the investigation.
144 Jackson allowed his friend Beiriger to reside at 2240 East County Road 800 South, Columbus IN

47201.

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 53 of 103

seeking retribution against a fishmonger in the lower Great Lakes who owed him
money and allegedly wanted to go on an illegal bear hunt in Michigan.

On one occasion the couple got into a physical confrontation wherein the Cl's
wife punched him giving him a black eye. On a second occasion the wife
discharged a firearm in the direction of her husband over yet another altercation.
At no time did the SAs running the undercover investigation report these
incidents to prosecutors or their supervisors out of fear of having the investigation
terminated.

In yet another instance, the undercover SAs became aware that the Cl was in
possession of several illegally taken deer mounts. The undercover SAs and their
supervisors subsequently facilitated the sale of a portion of the deer mounts
through the Lolli Brothers Auction 145 . while allowing the Cl to keep a remaining
number of additional deer mounts.

As the investigation proceeded the FWS OLE managers and the undercover SAs
realized they had to contend with the Cl's wife's ongoing financial distress she
was incurring in her fishing operation, so the FWS OLE managers and the
undercover SAs made allowances to furtively funnel the couple additional funds
that weren't documented in the undercover business books. Moreover, the FWS
OLE managers and the undercover SAs also creatively decided to keep the Cl
and his wife in the money by allowing the undercover SAs to rent rooms in the
couple's house, when instead the SAs should've been sourcing lodging on the
open market 146 . As the investigation dragged on the Cl's wife realized she had
even more leverage over the FWS OLE, so she threatened to expose the
undercover operation unless she was paid even more monies, which the FWS
OLE managers authorized.

From the very beginning the FWS OLE managers and the undercover SAs were
aware the Cl had an extremely checkered criminal background. In order to
circumvent these liabilities they decided the Cl couldn't take part in any aspect of
the undercover meeting with the subjects of the investigations, otherwise the Cl's
involvement would compromise the investigation during the discovery process.
When the Cl initially introduced the undercover SAs to the subjects of the
investigation he vouched for them, all the while, while the undercover SAs
covertly made audio and video recordings of the meetings. Then the undercover
SAs did the unthinkable, they destroyed all of these audio/video recordings and
their investigative notes so as if the Cl had never even made the introductions 147 .

14
~ The Lolli Brothers Auction facility is located at 704 Main Street, Suite A, Macon, Missouri 63552;
660.385.2516.
146
An audit will further disclose the FWS OLE paid the couple thousands of dollars in salary and
accommodations without issuing a I 099 or advising the couple that federal and state taxes needed to
be paid on these monies.
147
Stoinski did not participate in the undercover phase of the investigation, so he was unaware that
audio/video recordings were destroyed. So without realizing it,Stoinski in hisApplication For A
Search Warrant, Page 12, and Paragraph 24 substantiated that Aldrich didn't record his first

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 54 of 103

Without knowing what was said in these initial introductions/meetings, the


undercover SAs continued to meet with the subjects of the investigations as if the
Cl had never been involved. Since the undercover SAs lacked the expertise to go
up against the wholesale dealers the investigators mostly targeted
unsophisticated Native American Indians who were the longtime associates of
the Cl.

In part, the undercover SAs also created an illegal fishery when they used
government undercover funds to buy fishing equipment, gill nets and boat
batteries for the financially strapped Native American Indians who didn't even
have the funds to purchase commercial fishing licenses. Moreover, the
undercover SAs even induced the Native American Indians to catch/sell illegally
taken fish to the UPNFC when these individuals either lacked the ability or
motivation to check their set nets on a daily basis. As a result several thousand
pounds of lake trout where allowed to die and rot in set nets, because they were
too badly decomposed to sell and unfit for human consumption.

In yet another example of inducement, the undercover SAs either loaned or


purchased boats for the Native American Indians. Many of these Native
American Indians were marginal fisherman at best, individuals who had gotten
out of the business for economic reasons. Aldrich also selectively targeted
individuals. For example, Aldrich befriended an elderly Native American Indian
(app. 65 years old) who was down on his luck, so Aldrich hired him to cut the
grass at the undercover business. When Aldrich learned the Native American
Indian he had hired, was having an ongoing feud with another Native American
Indian, Aldrich used undercover government funds to buy the second Native
American Indian a boat and fishing equipment to illegal catch lake trout, so as to
later prosecute this individual.

The SAs who participated in the undercover investigation shamefully created an


illegal fishery for lake sturgeon (Acipenser fulvescens) when none had previously
existed, thereby further encouraging economically strapped a Native American
Indian to break the law. When the Regional Director (DR) learned that the
undercover SAs were entrapping/inducing the Native American Indian to illegally
take lake sturgeon he was furious, and he brought it end to it.

Although all of the SAs who participated in the undercover investigation went to
U.S. Food and Drug Administration (FDA) classes to learn about the safe and
sanitary methods to process and storehouse fish for resale, the SAs ultimately
overlooked these requirements and periodically sold fetid fish to unsuspecting
wholesale businesses 148 In addition, because the SAs who ran the undercover
business didn't adequately develop wholesale outlets to sell the fish they bought

conversation with Schwarz. Rather Aldrich et al. were destroying tapes. Moreover, both Jackson
and Woody were aware that Stoinski is a Giglio-Impaired SA, but it was Jackson and Woody who
decided that Stoinski should be the affiant for the search waJTant.
14K Federal Register Volume 60, Issue 242.

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 55 of 103

(both legal/illegal species), some of the fish wound up in the dumpster. And on
other occasions the undercover SAs would even take these fish for their own
personal use and consumption.

Although the UPNFC fish processing facility was closed in November 2013, the
undercover SAs continued to make some purchases until September 2014.
Counter to FWS OLE policy, at the conclusion of the undercover investigation the
FWS OLE managers allowed the undercover SAs and the Cl to keep some of the
undercover business' furnishing and equipment for free, and which was used
during the undercover portion of the investigation and which belonged to the
government.

On November 3, 2014, Stoinski acted as the affiant under penalty of perjury in


an Application For A Search Warrant149 150 151 . before U.S. Magistrate Judge
Jon W. Sanfippo. Stoinski attested he had been employed by the FWS OLE
since 1997. Although Stoinski swore he had participated in executing more than
sixty (60) search warrants in the capacity of affiant/or participant, he neglected to
report he was a Giglio-Impaired SA, and subject of two administrative
investigations, wherein DO1-OIG investigators sustained negative credibility
determinations against him.

FWS OLE policy requires undercover investigations to be approved by and


constantly reviewed by the DOJ Environment and Natural Resources Division
(ENRD). Had FWS OLE managers and the undercover SAs assigned to the
investigation consulted with the ENRD on an ongoing basis, they wouldn't have
had discussions regarding entrapment issues or the defendants lack of
predisposition to engage in criminal conduct 152 .

After opening UPNFC, undercover SAs began purchasing fish from local
fisherman including fish harvested from Lake Superior by KBIC tribal fisherman.
The SAs subsequently contacted various fish wholesalers to offer the fish for sale.
And, Schwarz was among the wholesales contacted. Stoinski stated: When
initially contacted, agents had no basis to suspect that Schwarz would purchase
illegal fish. Rather, agents contacted him in part because Schwarz had
sold fish to the orocessing facility that previously occupied the undercover
153 154
storefront •

149
In the U.S. District Court for the Eastern Distiict of Wisconsin Stoinski filed a thirty-one
Application For A Search Warrant (Case No. I 4-m-675).
150
Premises to be searched - Dan's Fish, 152 Jib Street Sturgeon Bay, WI 54235.
151
On December 2014, FWS OLE SAs executed the search warrant.
152
An examination of Stoinski's search warrant application will eventually raise the entrapment
defense.
153
Stoinski's Application For A Search Warrant. Page 11, Paragraph 21.
154
With respect to predisposition, prior to dealing with the undercover operatives Schwartz had
been cited by the Wisconsin Department of Natural Resources solely for labeling and record keeping
transactions in 1997, 1999 to 200 I and in 2004.

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The FWS OLE has been doing undercover investigations for decades and SAs
recognize that diverse audiences will critique these investigations, whether it's
the judicial system or the public. Moreover, FWS OLE policy requires SAs to
record all conversations, with the initial conversation being the most important.
Aldrich displayed his inexperience and lack of understanding of the entrapment
defense by failing to record his first contact/telephone conversation with
Schwarz in August 2012 155 .

FWS OLE Incident #5 Operation Al Zuni: Rather Than Protecting Endemic


Species Of Live Wildlife SAC Chavez And Woody Used Finite ResourcesTo
Investigate Individuals And Businesses Which Are Importing Into The
United States Jewelry Without Trademarks That Falsely Suggests It's
Produced By Native American Indians.

In part, the Indian Arts and Craft Act, 18 U.S. Code Section 1159, makes it
unlawful to misrepresent any Indian produced goods and products and offer for
sale or sell any good, with or without a trademark, in a manner that falsely
suggests it is produced by Native American Indians.

The Mission of the FWS is working with others to conserve, protect, and
enhance fish, wildlife, plants, and their habitats for the continuing benefit of the
American people. The Vision of the FWS is to continue to be a leader and
trusted partner in fish and wildlife conservation, known for our scientific
excellence, stewardship of lands and natural resources, dedicated professionals,
and commitment to public service.

Why then is the FWS OLE not protecting endemic species of live wildlife and
instead using finite resources to investigate trademark and counterfeiting
investigations, instead of the FBI, the Department of Homeland Security (OHS) or
the Bureau of Indian Affairs (BIA)?

Perhaps, the investigation should've been undertaken by the BLM OLE, which
has jurisdiction over ARPA investigations. An alterative theory as to why the
FWS OLE conducted the investigation is that Woody is metastasizing the FWS
OLE into the BLM OLE. As was the case in 2009, when Woody hired Stoinski to
be a BLM OLE SAC in Montana. Once again Woody abused the Federal Merit
Promotion System, by passing over more qualified FWS OLE personnel by
providing employment promotion opportunities to his former loyal BLM OLE
colleagues.

Two of his devoted friends and followers who are remaking the FWS OLE into
the image of the BLM OLE are Vanlancker and Wagner. Woody is creating a
culture where unfair hiring practices are tolerated, or worse, encouraged. This

155
Stoinski's Application For A Search Warrant, Page 12, Paragraph 24.

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 57 of 103

results in higher turnover, lower productivity and, ultimately an unethical


workforce that has a diminished reputation andvalue-system.

Vanlancker was hired as a GS-15 SA to work at the FWS OLE Headquarters


where Woody has directed her to oversee policy issues on both a national and
international level. Wagner on the other hand is a by-product of nepotism when
his older brother Lanny Mevin Wagner 156 used his influence in 2003, to get his
younger brother Noel Wagner hired as a SA with the BLM OLE in Albuquerque,
NM.

During Woody's tenure as the BLM OLE Chief, Woody promoted his friend
Wagner to the position of the SAC in Albuquerque, NM. Wagner who virtually
spent virtual entire BLM career in Albuquerque, NM told his colleagues he
intended to retire there. When BLM OLE managers started the process to
transfer Wagner to Boise, ID, Woody interceded and in 2012 Woody created an
entirely new GS-13 position for Wagner to occupy at the FWS OLE office in
Albuquerque, NM.

In 2012 Chavez and Woody entered into an unholy alliance, unbeknownst


to/with the Indian Arts and Crafts Board (IACB), thereby creating a make work
project for Wagner, SA Russell James Stanford 157 , and other FWS OLE SAs to
undertake.

In assembling a staff of SAs without wildlife backgrounds, Woody is forming a


workforce of cops who are not Stewards Of The Land 5 8 . giving rise to national
conflicts such as the GGC Investigation, the Bunkerville, NV Standoff and the
Malheur NWR Takeover. Such unprofessionalism has led our federally elected
officials to consider giving back federal lands to the state and to take away the
federal arrest authority from the BLM OLE, the USFS and the rebirth of the militia
movement.

Although, Woody is hiring SAs who have successfully completed the intensive
Criminal Investigator School at the FLETC, Woody is violating FWS OLE Law
Enforcement Training Policy (232 FW 2) in hiring SAC Keith Toomey,
Vanlanker, Wagner and other SAs, when he doesn't require them to attend eight
(8) weeks of training in the Special Agent Basic School. Woody is also allowing
these employees to forgo receiving carefully monitored on-the-job training for a
period of one year to eighteen (18) months. Hence these SAs can't tell the
difference between a white pelican and a snow goose nor an elk from a moose.

156
Lanny Wagner was hired by the BLM in 1992.
157
In 2009, Stanford was previously employed by the FWS OLE, as a Wl in Valley Stream, NY.
Stanford resides at 69 Kiva Place, Sandia Park. NM 87047;505.659.9648.
158
Under Woody's leadership the FWS OLE is just another job. not a career of stewardship.

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On October 26, 2015, Stanford filed an Affidavit In support of search warrants


before Chief U.S. Magistrate Judge Karen B. Molzen (15mr677) in the U.S.
District Court, Albuquerque, NM.

The affidavit disclosed that since 2012, Stanford, Wagner and other FWS OLE
personnel began investigating violations of the Indian Arts and Craft Act,
occurring in Albuquerque, NM. The affidavit disclosed the subjects of the
investigation imported Indian Arts and Craft handicrafts through the United Parcel
Service (UPS) facility in Louisville, KY. Moreover, the majority of the shipments
that were imported by the subjects of the investigation were inspected and
marked with ultraviolet ink by FWS OLE Wis.

Rather, than immediately stopping the fraudulent scheme at the inset, Chavez
and Woody decided to conduct a costly three year long, long-term covert
undercover investigation, thereby gaining widespread media attention at the
conclusion of the investigation. By taking this tactic Chavez and Woody
expended precious financial resources and manpower which could have been
better utilized in protecting living endemic wildlife 159 _

Instead of stopping/protecting the economic livelihood of Native American artists


that Chavez and Woody purported to be protecting, for three years the FWS
OLE allowed approximately three hundred shipments of counterfeit goods worth
millions of dollars to be entered into the commercial commerce of the United
States. Moreover in 2012, in order to protect themselves from criticism Chavez
and Woody entered into a cooperative agreement with the IACB. Lastly, FWS
OLE policy only sanctions undercover investigations in those situations where
overt investigations are not feasible, which was not the situation in this matter.

FWS OLE Incident #6: Questionable Travel Undertaken By Chief Woody.

Woody has great latitude in deciding when and where he travels to. For example,
in April 2012, Woody used precious FWS OLE funds to attend a meeting of
retired FWS OLE SAs in New Orleans, LA. Later in the year he inexplicably
traveled to Honolulu, HI, to escape the winter freeze of the northeast.

Now that the FWS OLE has SAs attaches stationed overseas how many times is
traveling to these exotic localities in accumulating frequent flyer mileage?

FWS OLE Incident #7: SAC Salvatore M. Amato 160 Resigns From The OLE
In Order To Avoid Criminal Prosecution For On The Job Misconduct.

159
October 29. 2015, press release issued by Assistant U.S.Attorney Elizabeth M. Martinez, for the
District of New Mexico.
160 Northeast Region 5.

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In the winter of 2015, Amato I61 was placed on administrative paid leave for
creating two (2) intern positions for women he was having extramarital affairs
with, Law Enforcement Support Assistant Sabina Lerch 162 and SA Amy A.
Snyder163 , said selections that upon completing led the women to be
non-competitively promoted to permanent positions within the FWS OLE 164. At
the time Amata's wife was Susan Mary Amato 165 .

The internal investigation further disclosed that Amato used his position to
fabricate out of town travel and to secure overnight accommodations with
government resources (monies and vehicles) to carryout and conceal the illicit
affairs from both his spouse and co-workers. Moreover, as Amata's affairs came
to the forefront, Amato created an atmosphere of intimidation that created
employee backlash. WI Joseph A. Ventura 166 and WI Paul Cerniglia 167 lodged
grievances and eventually formed Government Employees Local Union 2103 168 .
which a majority of the Wis eventually joined.

The grievance was also filed against Amata's buddy RAC John Monroe Neal 169
who Amato selected to become the Valley Stream New York RAC in order to
enhance Neil's retirement annuity and where the locality pay adjustment was
some thirty percent higher in New York as opposed to Utah, where Neal was
stationed. At the time Neal was selected, he resided at 1662 Ridgecrest Drive,
Ogden Utah 84403. Neal's sister Deborah Burge Neal and brother-in-law
George A. Burge Jr., resided at 40 Munsell Road, East Patchogue, NY 11772.

161
Amato was born on January 2 I, 1962. His last known address in the United States before
divorcing and moving to Thailand was 210 Jensen Street, Belchertown, MAO I 007; 413.323.4748.
1 12
< Lerch resides at 28 East Green Street, East Hampton, MAO I 027; 413.519.5580.
163
Amato engaged in consensual on-duty sexual relationship(s) with the women, to include the
misuse of government funds to make arrangements for meals, lodging and transportation. Lerch
works in Hadley.MA;413.253.8274, whileSnyderisstationedinElizabeth, NJ;908.787. l 321.
164
InAugust2013SACHonoraGordonreplacedAmatoand she is intimately familiar with both
Amato's and Sikes' unethical misconduct in this matter.
l(,s Amato resides at 210 Jensen Street, Belchertown. MA 01007; 413.323.4748.
1 16
< Ventura and his wife FWS OLE WI Ali L. Martyn reside at 841 Lucia Ave., Redondo Beach. CA;
310 .376.3373.
167
Cerniglia resides 524 South Strong Ave., Lindenhurst, NY 11757; (631) 957-5819.
1
67'he union leadership wrote: As you mayor may not know, there are two newly created interns in
Region 5 ... and more than likely in charge <l Inspectors at places like Newark. Just some background,
our intern had applied asa Wildl{fe Inspector in the Boston office but did not get the position and then
applied as an evidence custodian and again did not get the position. Apparently she has.friends in high
places; the only person who reviewed the applicants was the SAC [Amato). She was granted this
internship that was never posted on USAjobs.com and as.far as anyone has been able to determine,
never posted publicly anywhere. When they told us about the internship opportunity I expressed an
interest in posting the position in my colleges alumni ,vebsite, but was i11formed by RAC Sikes that they
already knew what school the applications where coming.fi·om. This intern is going to be made an
Inspector, a job that she was unable to get through the same competitive process that we have all been
through. I.feel that we should have.fair standards 011 how people join our ranks.
169
Neal resides at 1989 Grant Ave., Apartment #322, Ogden, UT 84401; 801.621.5762.

43
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Neal also had a relative who worked for the Jet Blue Airways Corporation that
enabled Neal to travel back and forth between the Salt Lake International Airport
and JFK International Airport for twenty-five dollars each direction. The scam
which Amato and Neil entered into allowed Neil to become the Valley Stream
New York RAC, while Neil continued to reside in Ogden, UT, while only
periodically working at the Valley Stream New York RAC office. On the very few
occasions that Neal did work out of the Valley Stream New York RAC office he
would stay with his relatives in Patchogue, NY.

The Valley Stream Wis were indignant that Neal was Absent Without Leave
(AWOL), instead of supervising a large staff of SAs, Wis and administrative
personnel all the while drawing an enhanced salary while working, which would
later be factored into Neal ultimately receiving a substantially higher retirement
annuity. Once the scam became public, Neal was forced to retire in 2008 instead
of working another five (5) years when he attained age fifty-seven (57), which
was his mandatory retirement age.

Sadly, many of Amata's fellow SACs also mistreated Wis and viewed them as
untouchables, an excludable class not even worthy of the lowest rung of a caste
system. Under Woody's regime the FWS OLE has become an even more
fractured workforce and a hostile workplace lacking esprit decor, where SAs and
Wis don't speak to one another. The most devastating and calamitous aspect of
Government Employees Local Union 2103, has resulted in FWS OLE SAs having
to adjust their relationship in managing the WI workforce through Local Union
2103 union officials, all which is to the detriment to the protection of wildlife 170 .

After the Wis unionized, FWS OLE managers (Woody and in particular SAC
Luis Santiago 171 and Chavez) began retaliating against the Wis, by denying
them overtime pay and then siphoning off WI inspection fees, for use in the SAs
FWS OLE budget. The FWS OLE managers further took revenge by not
hiring/promoting the Wis who joined the union and who had filed applications to
become SAs. One should talk to the Wis, as the inspection program's inspection
fees accounts to some 80% of FWS OLE budget.

On the other hand Santiago answers to the moniker Blue Light. At the time
Santiago was stationed at headquarters, his colleagues gave him this nom de
guerre, because he illegally placed an emergency blue police light on the
dashboard of his personal vehicle in order to unlawfully commute on Interstate
Highway #66, in the HOV lane.

1
In August 22013, Woody replaced Amato with Honora Gordon. Gordon is intimately familiar
with both Amato's and Sikes' unethical misconduct.
171
Santiago resides at 2292 Walkers Glen Lane, Buford, GA 30519; 770.813.7835.

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In part Woody used the siphoned WI inspection fees to create six (6) GS-13 /
GS-14 SA Attache /SA positions at U.S. Embassies overseas 172 . Woody is also
creating three (3) additional positions in Brussels, Belgium, Jakarta, Indonesia
and Mexico City, Mexico. Each slot is funded to approximately $600,000 per
position, for a total of $5,400,000, which severely hampers the domestic funding
of SAs stationed in the US.

Woody failed to vigorously press for a criminal/administrative investigation of


Amato so Amato hastily resigned. By quitting in April 2013 at age fifty-one,
Amato abandoned a yearly salary in excess of $150k, health benefits and
relinquished a yearly federal retirement annuity in the tens of thousands of
dollars, because he failed to fulfill twenty years of service as a federal law
enforcement officer.

Under federal guidelines Woody was required to file an Adverse Information


Report to place a flag/create an incident report to rescind Amata's security
clearance, in alerting another federal/state agencies or federal contractors of the
various derogatory factors which caused Amato to abruptly resign. Through
Woody's incompetence he failed to make any effort to rescind Amata's security
clearance. In addition, Woody hasn't taken any proactive steps to point out to
those within the law enforcement fraternity, or to those within the NGO
community that Amato like a rogue Cl, can't be trusted.

Amato purports with hubris to be a Wildlife Trade and Enforcement Expert, so


subsequent to separating from the FWS OLE he created an inconsequential sole
proprietorship based out of his residence known as SMA Consulting 173 , to
include creating a superficial Facebook account, wherein he purports to play a
significant role as a member of the Interpol Environmental and Wildlife Crimes
Working Group.

Amato has also paired up with the nonprofit organization Annamiticus 174 . He is a
gritter and a hustler who fails to advise his clients he has Giglio/Henthorn issues,
making him both unethical and untrustworthy. Clearly anyone who was so
audacious to simultaneously cheat on ones spouse and the government would
certainly be predisposed to commit said actsagain in the future.

Under Woody's watch in March 2014, the FWS OLE became a late player in a
crowded field of organizations stationing personnel overseas to combat
transnational wildlife trafficking networks. The FWS OLE initially assigned five (5)

172
SA George Phocas - Bangkok, Thailand; SA Ashton Koo - Beijing. China; SA Samuel Friberg - Dar
es Salaam, Tanzania; Edward Newcomer Jr. - Gaborone Botswana; Andrey Guidera - Lima, Peru.; and
Libreville, Gabon .
13
" SMA Consulting was based out Amato's residence at 210 Jensen Street, Belchertown, MAO 1007;
413.323.4748.
174
Annamitcus is based out of mail drop located at 9121 EastTanque Verde Road, Suite 105 PMB
277, Tucson.AZ85749.

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SAs as attaches to U.S. embassies overseas for the purpose of coordinating with
the United States Agency for International Development (USAID), the United
Nations Office on Drugs and Crime (UNDOC) and countless other
non-governmental organizations (NGOs).

The coin of the realm for all of these entities is the acquisition of intelligence via
the liaisons they cultivate within other law enforcement organizations, NGOs and
cooperating Cls. Moreover, unlike the FWS OLE attaches these entities are
currently conducting ongoing active criminal investigations overseas and
they view the FWS OLE with suspicion, as an interloper and an unnecessary
supernumerary and a threat to their future funding.

In addition, the ASEAN Wildlife Enforcement Network 175 (ASEAN-WEN) hasn't


included the FWS OLE in its 2017 Workforce Plan moving forward. Recently,
Amato began working for Engility 176 as the Chief of Party (COP), for Wildlife
Trafficking in providing planning and management assistance to the USAID and
the their relevant (ASEAN-WEN) ministries in countering transnational wildlife
trafficking networks.

Like Amato, other retired FWS OLE SAs (to include Goessman 177178 )are
working for competing NGOs and they're also developing international sources of
information and collecting intelligence independent to the FWS OLE. Rather than
sharing this intelligence with their former employer, these retired SAs amass
intelligence for the purpose of protecting their financial interests, in order to
protect their livelihood, rather than what's in the best interest of combating wildlife
trafficking.

Amato harbors immense animus against the FWS OLE, so he constantly


undermines the character of the FWS OLE at every turn, in order to pay his bills
and preserve his miserable existence as a purported Wildlife Trade and
Enforcement Expert.

Although prostitution is legal in Thailand, the United States lists Thailand as a


Tier 2 Watch Nation, as a source destination and transit country for women and
children subjected to sex trafficking and forced labor. As federal contractors,

17
" ASEAN-WEN is the world's largest wildlife law enforcement network It comprises the law
enforcement agencies of the ten ASEAN countries (Brunei, Cambodia. Indonesia, Laos. Malaysia,
Myanmar, the Philip pines, Singapore, Vietnam and Thailand) forming a regional intergovernmental
law enforcement network.
176
Engility is a publicly traded company which has a market capitalization of 1.2B located at 4803
Stonecroft Boulevard, Chantilly. VA 20151; 703.633.8300.
1 7
~ Goessman currently resides in Bangkok. Thailand. His last known address in the United States
was 424 West Chinook Street, Livingston, MT 59047; 406.763.4021.
m Goessman was initially hired by Freeland in 2008 after completing a twenty-two year career with
the FWS OLE. He currently working as Freeland's Director of Field Operations in Thailand. During
his tenure with Freeland Goessman became involved with several women involved in the sex trade,
wherein his twenty-year marriage to Kristi J. Goessman (nee Kristi J. Milano) ended in divorce.

46
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Amato and Goessman currently reside in Bangkok, Thailand. Goessman is


currently living with a woman who is/was involved in the sex trade business,
while Amato is also frequenting the company of several women who are
associated with the sex trade business.

Amata's, Goessman's and Lawry's involvement in prostitution in Thailand is


not unlike the seventeen (17) USSS SAs who were on a detail in Columbia
wherein they took prostitutes back to their rooms. Many of the USSS SAs were
married like Amato, Goessman and Lowry and several of the USSS SAs were
eventually terminated.

FWS OLE Incident #8: Former FWS Refuge Officer Sentenced forChild
Pornography.

Woody afforded FWS Refuge Officer (RO) James Joseph Coates 179 a position
as a SA with the FWS OLE Professional Responsibility Unit 180 (PRU), the unit
that investigates and resolves allegations of misconduct of employees working
for the FWS OLE.

On May 3, 2014, the DOI OIG received information that Coates had allegedly
sent a pornographic image of a child from his personal gmail account. Google
initially intercepted the image and notified the National Center for Missing and
Exploited Children, which conducted a preliminary investigation and turned the
matter over to the West Virginia State Police (WVSP) for investigation.

On May 29, 2014, Coates resigned from FWS OLE. The WVSP arrested Coates
on May 30, 2014, and subsequently charged him with four (4) counts of
possession of child pornography. On September 15, 2014, Coates pleaded guilty
to one count of possession of child pornography in the Circuit Court of Jefferson
County, WV. The court sentenced him on December 11, 2014, to two (2) years in
prison, which the judge suspended, and three (3) years of probation. Coates was
also required to register as a sex offender for life.

Coates immediate supervisor was Toomey who resides in Greencastle, PA 181


some ninety miles from the OLE Headquarters in Falls Church, VA Rather than
continuing stationing Toomey to work out of headquarters as he formerly did,
and as other SACs and upper managers are required to do, Woody has shown
favoritism in allowing Toomey to work from an office located at the FWS National
Conservation Training Center (NCTC) in Shepherdstown, WV, in order to

179
Coates cun-cntly resides at 605 Ransom Street, Plymouth, PA I 8651; 484.356.0137.
180
The PRU investigations violations of the Standards of'Ethirnl Conduct of employees working for the
FWS OLE as authorized by 441 FW 5 directive titled Professional Responsibility Unit and Allegations of
Service LE Misconduct.
181
Toomey resides at 8 Celestial Terrace, Greencastle. PA 17225: 717.597.8993.

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accommodate Toomey's rural Pennsylvania lifestyle. The NCTC is located but


some thirty (30) miles away in Greencastle, PA

Said conviction of Coates and the accommodations allotted to Toomey is


devastating to the moral of the FWS OLE, as it's the PRU which investigates
employee misconduct within the ranks of FWS OLE employees.

FWS OLE Incident #9: On November 20. 2014 SAC of Investigations


Kenneth Charles Endress (GS-14} Committed Suicide With His Service
Issued Firearm.

Endress is the son of retired RAC Richard Endress 182. While the RAC in
Atlanta, the senior En dress was able to enroll his son into the SCEP program
that ultimately led to the son to become a WI in Atlanta, GA in 1993.

A short time after Woody became Chief of the FWS OLE he removed SAC
Kevin R. Garlick 183 from his position as the SAC of Investigations because of
Garlick's sexual orientation. Woody 184 who resides in Huntington, MD and
Endress who at the time resided in Saint Leonard, MD became social friends
because they lived near one another. An outgrowth of their friendship would
eventually lead Woody to make Endress 185 Garlick's replacement 186 . Woody
chose Endress over more qualified candidate, as follows:
• Endress became a SA in 2002, and during his tenure with the FWS OLE
he had only worked at the Annapolis, MD office were he principally was
responsible for migratory bird enforcement.
• Endress was never a supervisor.
• Endress rarely came in contact with FWS OLE SAs from other offices and
he didn't have any allies to assist him in his new position at headquarters.
• Coming from an insular and parochial background within the FWS OLE,
Endress didn't develop the requisite skills to oversee complex
international/domestic covert/overt investigations, which was the primary
responsibility of the SAC of Investigations.

In August 2013, rather than moving closer to the FWS OLE headquarters in
Virginia, Endress 187 decided to use the government funds he was allocated, to
move just twenty-three miles north of his former residence in Saint Leonard, MD

182
Endress resides at 2398 Splitwod Drive. Loganville. GA 30052; 770.466.5489.
183
Garlick resides at 905 South Scott Street, Apartment #5, Arlington, VA 22204; 703.685.0544.
184
Woody resides at 1351 Matthew Drive, Huntington. MD 20639; 443.486.4744.
185
Prior to becoming the SAC of Investigations Endress was a SA assigned to the FWS OLE office
located at 177 Admiral Cochrane Dr, Annapolis. MD 21401. At that time. Endress Ii ved at 5288 Long
Beach Drive, Saint Leonard, MD 20685, some 44 miles away from his office and he was assigned a
GOV to commute between his office and home.
186
When Endress became the SAC of Investigations the position was located at the FWS OLE
Headquarters at 4501 Fairfax Drive, Arlington, VA 22203.
187
Endress resided at 9163 Woodland Way North, Owings, MD 20736; 410.586.8141.

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to Owings, MD 188 Within a short period of time of becoming the SAC of


Investigations Endress recognized he was over his head and he lacked the
abilities to be an effective SAC. These shortcoming coupled by the personal and
financial toll in making the four (4) hour daily commute 189 to/from headquarters
caused him to become clinically depressed.

Despite the psychological stress he was experiencing, Endress' hubris and


greed wouldn't allow him to give up a GS-14 salary and go back to his GS-12
position in Annapolis, MD. When Endress learned Tidwell was being forced out
of his RAC position in Ann Arbor, Ml, Endress contacted his friend Jackson who
in turn preselected him (Endress) to be Tidwell's replacement.

Woody was furious Endress went behind his back in securing a transfer to the
Great Lakes-Big Rivers Region (Region 3), wherein in the span of fifteen (15)
months the FWS OLE would have to pay for yet another move for Endress. So
Woody blocked the transfer.

During this period of time the FWS OLE was also moving its offices from
Arlington, VA to Falls Church, VA, which would add yet another thirty (30)
minutes to Endress' already four (4) hour daily commute. Endress became ever
more despondent 190.

While packing for the impending office move, Endress claimed he hurt his back
and he began taking pain medication. Woody kept pressuring Endress to come
back to work which further exacerbated Endress' mental state. Yet Endress
would never report to work again. Endress used his Service issued firearm to
commit suicide on November 20, 2014.

FWS OLE Incident #10: The Branch of Special Operations Has morphed
Into The Branch of Special Investigations.

For more than three decades the FWS OLE responded to the growing black
market wildlife trade in creating the Branch of Special Operations, which
employed the full range of criminal investigative techniques, but
predominantly created covert businesses to engage in sophisticated long-term
undercover operations. The Branch was headed by a SAC who was
collocated at headquarters and staffed by a cadre of seven (7) SSAs who
were mobilized in the field, in groups of two or three in order backup and

188 Endress resided at 9163 Woodland Way North Owings, MD 20736, some 38 miles and a two-
hour commute to the FWS OLE headquarters in Arlington, VA.
189
Endress had to use his personal vehicle to make his commute.
100
Although Endress confided Jacks on about his mental strain he was undergoing. Jackson is afraid
of speaking out against Woody for fear ofretaliation.

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The Branch of Special Operations SAC was always stationed at headquarters in


order to better coordinate with FWS OLE managers who were stationed both at
headquarters and in the various regions. Moreover, from headquarters the
Branch of Special Operations SAC could also better coordinate with both
domestic and international law enforcement agencies in furtherance of the
objectives of the domestic and international undercover investigations, which the
Branch of Special Operations was conducting.

For all intent and purposes under Woody's regime the FWS OLE no longer
conducts sophisticated undercover businesses, because the existing personnel
is one-dimensional and lacks the credibility and capabilities to interact with
subjects of the investigation in an undercovercapacity.

In disbanding the Branch of Special Operations, Woody created the Branch of


Special Investigations, which is headed by SAC James Richard Gale 191 . In the
new iteration Woody rewarded Gale and his other favorite sons by either
moving/posting these individuals to retirement homes or selectively hiring them in
place, where they continue to maintain their comfortable personal lifestyle. It's all
about accommodation, not what is in the best interest of the government or the
resource.

Beginning in 2008, Woody's predecessor Mowad made Webb the SAC of the
Branch of Special Operations and relocated the position on paper from
headquarters to the Denver, CO. Said move enabled Webb who at the time was
a fifty-five (55) year old GS-12 SA living in Lincoln, NE to be moved at the
government's expense to Mead, CO 192 , and retire a mere three (3) years later in
September 2011 as a GS-14SAC.

Mowad's and Webb's names will forever remain eponymous as the individuals
who singlehandedly dismantled the Branch of Special Operations, and the
Branch's three-decade body of work. Webb was an inept GS-12 investigator and
an unskilled manager who lacked commitment in the face of ordinary hardships
and duties.

Woody is following in Mowad's footsteps in accommodating Gale's lifestyle in


allowing Gale to continue to live in Snelliville, GA rather than moving him to
Denver, CO, where RAC Leo Suazo and his subordinates SSA Elizabeth L.

191
Gale currently oversees four (4) FWS OLE programs - the Branch of Training and Inspection, the
Digital Evidence Reco\'ery and Technical Support Unit, the Special Investigations Unit and the
International Attache Program. Prior to becoming the SAC of Special Investigations, Gale was the
FWS OLE SAC for Region One (4341 International Parkway #104, Atlanta, GA 30354). As the FWS
OLE SAC Gale had immense discretion as to where to reside. so he chose to reside at the Summit
Chase Country Club ( 1670 Timberline Terrace, Snelliville. GA 30078; 770.972.5428) some forty miles
away from his office, to pursue his dream of being a par golfer, and where he still resides.
192
Subsequent to retiring Webb created the sole proprietor ship Webb's Wildlife Consultants
which he runs out of his residence at 3419 Sweet Meadow Court. Mead, CO 80542; 970.373.6355.

50
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 67 of 103

Darling 193 and SSA Vance Duane Jurgens 194 were stationed; or more
importantly move Gale back to headquarters.

When Suazo retired in June 2015, Gale selected SA Timothy Joseph Santel1 95
to become the RAC for the Branch of Special Investigations. Similarly, Gale
accommodated Santel's lifestyle and allowed Santel to open a completely new
duty station in Nashville, TN rather than moving him to Denver, CO, where his
subordinates Darling and Jurgens werestationed.

The FWS OLE paid Santel's move to the state income tax free state of
Tennessee, where he will attain his mandatory retirement age in November
2022. The reimbursements include the purchase of his $600,000, 3,600 square
foot executive home 196 . Best of allthe new residence is only 120 miles away from
Murray, KY where his daughter is attending college and 230 miles away from
Oxford, MS where his son is attending college.

Never to miss an opportunity, like all FWS OLE managers Santel is making
arrangements to enroll his children in the SCEP program to ensure his children
are eventually hired by the FWS OLE before he retires!

As in the case of Grosz who is legally deaf, Woody allows Santel to occupy a
law enforcement position despite him having a serious back injury, which inhibits
him performing his law enforcement duties 197 .

One of the individuals Santel hired was SSA Dorothy D. Manera 198 , who had
previously been afforded an accommodation to live some one hundred twenty
five (125) miles away from her FWS OLE duty station at 1210 Corbin Street,
Elizabeth, NJ. In the FWS OLE it's all about priorities and why shouldn't Manera
be allowed to live on her bucolic thirty-acre estate in Millville, NJ.

Gale is certainly magnanimous when he's spending the FWS OLE's money as
was the case in 2008, when Gale transferred SA Timothy Lee Ballard 199 who
only had fourteen (14) months left to work, to his home state of Arkansas.

193
Darling has since been detailed to the DOI Offices 1849 CST NW Room 3245, Washington, DC.
194
Jurgens resides at 15233 West 65 th Ave, Unit C,Arvada, CO 80007; 303.289.015 I
195
At the time, Santel resided at 17283 Woodland Lakes DR, Petersburg. IL62675.
196
Santel resides at 2032 Callaway Park PL, Thompsons Station, TN 37179; 217.632.7616
197
OPM has established medical qualification requirements for certain positions, for job-related
reasons mainly in the law enforcement. medical and safety fields. Those requirements are included in
the individual qualification standard or individual occupational requirements. A listing of
occupations subject to such qualifications is at www.opm.gov/gualifications/policy/medical-
reqs.asp.
198
Manera aka Dorothy D. Wehrwein resides at 75 Union Rd Millville, NJ 08332; 856.293.0277
199
Ballard resides at 121 Muddy Fork, Mufreesboro. AR 71958; 870.285.3077.

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 68 of 103

FWS OLE Incident #11 : Questionable Use Of Government Assigned


Vehicles.

Except for headquarters personnel, Woody allows all his highly paid FWS OLE
managers (RACs, DRACs, ASACs and SACs) who don't conduct investigations
to drive government assigned motor vehicles between their residence and their
duty stations. In 2015 the FWS OLE budget was approximately eighty (80) million
dollars 200 A FOIA request will disclose FWS OLE mangers spend several million
dollars in purchasing and servicing government vehicles 201 (GOV) every year,
with the predominate use being commuting back and forth between ones home
and their workplace. A simple audit of monthly mileage vs. distance between
home and work will substantiate that little if any investigations are being
conducted.

FWS Policy 440 FW3.4 defines what are the authorized home-to-work
commuting distances for SAs when using a GOV. SAs should commute no more
than thirty (30) miles to/from home to their duty station when using a GOV. SAs
commuting more than thirty (30) miles, but less than forty (40) miles, using a
GOV must get written approval from the appropriate SAC. SAs who commute
more than forty (40) miles using a GOV must get written approval from the Chief,
FWS OLE.

FWS OLE Incident #12: Investigation of Illegal Gambling b~ FWS OLE SA.
The DOI OIG provided the aforementioned investigative report 02 to Woody for
review and action regarding the violation of Maryland Criminal Code 203 by a FWS
OLE SA who had engaged in illegal gambling at a private residence in Frederick,
MD, while wearing his FWS firearm and badge. When interviewed, the SA
admitted he had played poker for money at two private residences in Maryland.

FWS OLE Incident #13: Occupation Of TheMalheur National Wildlife


Refuge (NWR).

On January 2, 2016, Ammon Bundy, Ryan Bundy and many of their followers
who previously had taken up arms against Love and other BLM OLE officers
under his command in the Bunkerville Nevada Standoff 204 . took up occupation of
the Malheur NWR.

On January 26, 2016, LaVoy Finicum was shot and killed by the FBI SAs and
Oregon State Police (OSP) Officers, when he and the main leaders attempted to

200
http://www.fws.gov/budget/20 J4/FY2015_FWS_Greenbook-DOI3 I 014.pdf
201
Many of these vehicles are low mpg three quarter ton 4x4 pickup trucks.
202
DOI OIG report dated- December 15, 2015.
31
, Maryland Criminal Code 12-102.
204
Thestandoff took place during the period January 5th to February 11, 2015.

52
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 69 of 103

drive two (2) vehicles from the refuge to a meeting in nearby Grant County
Oregon. As chance would have it the investigation was overseen by Love's
close friend Bretzing 205 . Eventually the Bundy brothers and several other
militants were arrested. Following the arrests many of the occupiers left in a
hurry, but at least four holdouts remained until February 11 th .

The critics of the Bundy's particular brand of gun-toting populism believe the
Bundy's jailing was two (2) years to late, as it emboldened the Sagebrush
Rebellion. The law enforcement community reasoning goes that the SLM OLE's
incompetence206 and inaction allowed the Bundy's to spread their family's
gospel against the federal government's land management practices. Moreover,
the analysts believe the Bundys have galvanized others to act and they predict
future violence is likely, especially against federal officials and federal law
enforcement officers.

In future takeovers, DOJ prosecutors will have to resolve how they will prosecute
subjects of their investigation when their DOI law enforcement witnesses are
Giglio-Impaired law enforcement officers.

Miscellaneous Examples of FWS OLE Misconduct <Alcohol


Consumption/Financial Considerations/Lack of Candor/Sexual Misconduct}
and the Implementation of Nepotism Within the FWS OLE207.

Many individuals listed herein are either seeking SES employment opportunities
under Secretary Zinke or temporary post retirement employment as international
trainers with the FWSOLE.
208
SAC Salvatore M. Amato: In terms of personnel staffing the FWS OLE is an
extremely small organization where everyone knows one another and is mindful
of the daily routine of the organization. Hence, everyone is cognizant that under
Woody's administration malfeasance and misconduct are the norm, causing the
moral of the FWS OLE moral to be at its nadir. Moreover, the FWS OLE hiring
practices reflects how nepotism plays a vital role in a scheme to recruit family
members. Nepotism controls the interview process and further expands the rules
of hiring individuals, to include their friends and relatives, and which makes it
possible for these individuals to be interviewed and hired over those who are
better qualified (to include veterans) for the job.

20
:;Bretzing was the FBls case agent for Operation Cerberus Action.
206
Woody and Lauro hired and promoted many of these inexperienced and amateuri:;,h BLM SAs
and SACs.
207
5 U .S.C. 3110 (SCFR Part 310) prohibits government officials to appoint, employ, promote,
advance, or advocate the appointment, employment, promotion, or advancement of a relative in the
agency in which the official is serving.
208
As of October I" of fiscal year 2016, there were approximately 205 SAs and 216 Wis employed by
the FWS OLE.

53
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 70 of 103

Second and third generations of FWS OLE SAs have benefited from nepotism
and their followers subscribe to the doctrine that, It isn't cheating if you don't get
caught. When it comes to misconduct these unethical good old boys believe the
risk is worth the reward in their categorical adherence to the belief of Omerta.
Only in the most egregious circumstances will the miscreant be forced to resign
and when that individual is ultimately forced to resign from the FWS OLE,
Woody will allow the offender to keep his/hers security clearance intact. This
allows the guilty party to either seek employment as a law enforcement officer
with another federal or state agency, or with a federally funded NGO, or as a
federal contractor who conducts security background investigations.

For example, no disciplinary action was taken against Amato, who had
submitted his resignation letter, despite having credibility issues as a
Giglio-Impaired SA. Amato harbors animus and bitterness against all who work
for the FWS OLE because the exposure of his transgressions and subsequent
resignation cause his marriage to end in an acrimonious divorce and the loss of
his medical benefits and a six-figure retirement annuity.

Amato takes every opportunity to undermine the credibility of any FWS OLE SA
he comes in contact with, including SSA George Phocas, who is the FWS OLE
attache assigned to the U.S. Embassy in Bangkok, Thailand. Because of
Phocas' shortcomings, Amato refers to Phocas as the slovenly, chain-smoking,
alcoholic, and obese version of Johnny Depp's character, Captain Jack
Sparrow. Amato is further dismayed how the FWS OLE is allowing Phocas a
one year extension beyond December 31, 2017, in order for Phocas to enhance
his annuity beyond his mandatory retirement age of age fifty-seven, while at the
same time Amato gets nothing.

Had Woody taken action to rescind Amata's security clearance, Amato wouldn't
be working as a federal contractor, to further undermine the credibility of the
FWSOLE..

Through Woody's incompetence Woody allows his unscrupulous RACs,


DRACs, ASACs and SACs to display their own character flaws front and center,
thereby leaving an indelible mark on the moral compass of both the Wis and the
SAs in the field, as follows:

RAC Andrew Paul Aloise 209 : In 2006 SA Sandra Allred who was stationed in
Raleigh, NC, advanced information to the DOI OIG that Aloise was illegally using
his government assigned credit cards and his GOV to improperly travel outside of
North Carolina to visit his mother Terese Rossi Aloise in Clearwater FL, some
six hundred fifty (650) miles distant. Although the allegations against Aloise were

209
At the time when these transgressions were being committed by Aloise was also stationed at the
FWS OLE office in Raleigh, NC. Aloise currently resides al 9339 Ivywood Street, Clermont. FL 3471 l;
352.348.1886.

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 71 of 103

sustained, in 2008, Aloise's buddy Gale allowed Aloise to transfer to Florida to


be closer to his mother and in the process promoted him to aGS-14210211 .

On the other hand, Aloise and Gale intimidated Allred, forcing her into an early
resignation in retaliation for reporting Aloise's misconduct.

As a supervisor Aloise like his other FWS OLE managers, misuse GOVs and
government funds to structure personal travel in pursuing extramarital
relationships. In part this was a contributing factor, which resulted in Aloise
divorcing his first wife Deborah Jean Aloise212 , on April 19, 1995.

Despite Aloise being a Giglio-Impaired SA, in 2015, Woody selected Aloise to


attend the National Association of Conservation Law Enforcement Chiefs
Academy (NACLEC) at the NCTC. On at least three occasions Woody also
allowed Aloise to provide foreign assistance training to Philippines conservation
officers 213 in conjunction with theUSAID.

Aloise's previous Giglio issues are widely known within the FWS OLE fraternity
and the partisan accommodations he's being afforded are detrimental to the
moral of those outside Woody's clique. However, what's most perplexing is how
Aloise disparages Woody for not allocating sufficient manpower and funds to
support the FWS OLE Manatee Enforcement Program in Florida, while Aloise
simultaneously is enjoying the limelight of being an international trainer.

James Wesley Ashburner2 14 ;. Despite being a Giglio-Impaired SA, Woody


promoted Ashburner to be the ASAC for the Pacific Region.

SA Richard C. Branzell Jr. 215 : Branzell is the son of former Reno Nevada RAC,
21
Richard C. Branzell Sr 6:rhe younger Branzell was a C-student throughout
college. Despite not have the qualifications to interview to become a SA with the
FWS OLE, over more qualified candidates, the elder Branzell called in his chits
with Grosz.

The younger Branzell had a parochial redneck upbringing, so Grosz and later
Mowad, who were disciples of the elder Branzell looked out for junior. From the

210
At the time Aloise's mother resided at 404 S Highway 27 Minneola, FL 34715-1908.
211
Aloise is stationed in Groveland. FL; 352.429.1037. where he is in charge of the FWS OLE
manatee enforcement program in Florida.
P.O. Box 6127, Tamps. FL 33608: 813.835.7287.
2
1:1 One of Aloise's trips took place in August2016. Aloise currently resides at 9339 Ivy wood Street,
Clermont, FL 34 711; 352.348.1886.
Ashburner was involved in illegal hunting/ fishing activites while stationed in Alaska.
m Branzell resides at 180 Edens Lane, Florence, MT 59833; 406.273 .6582.
216
The senior Branzell resides at 1425 Tapadero Trail, Reno. NV 89511; 702.851.4 726.

55
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 72 of 103

time younger Branzell was hired in 1980 until he retired in 2012, Branzell's
pedigree allowed him to spend his entire career stationed in Missoula, MT.

RAC Christopher Brong: Brong is the husband of retired BLM Director Elaine
Marquis-Brong (Oregon and Washington.) Sometime in 1994, when Brong was
a SAC for the BLM OLE he was forced out of the agency for misconduct issues.
However, since his wife was the BLM Associate State Director of California, the
FWS OLE was forced to hire Brong in a supervisory capacity in Sacramento,
CA, when the other FWS OLE employees were denied from applying for the job,
because it was never advertised.

In 2001, when Brong's wife was promoted to become the BLM Director of the
National Landscape Conservation System in Washington, DC, the FWS OLE
created a new duty station for Brong to work at in Annapolis, MD. Once again,
current FWS OLE employees weren't provided an opportunity to apply for the
vacancy because it was never posted.

In 2004, the BLM and the FWS OLE advanced the couples' personal interests at
the expense of the government and the public in transferring the couple to their
retirement homeof Washougal, WA 217 . a desirable locality that doesn't have a
state income tax. In furtherance of enhancing their retirement annuity Elaine
Marquis-Brong was promoted to the position of the BLM State Director for
Portland, OR, while Chang promoted her husband to the position of a GS-13
Wilsonville Oregon RAC. Once again, the vacancy was never posted.

The FWS OLE further provided Brong an accommodation in allowing him to use
a GOV assigned vehicle to commute the forty-five (45) miles between his
residence in Washington State and his office in Wilsonville, OR, on government
time and at distance in excess to and outside of the limits prescribed by policy.
Brong retired on April 1, 2006.

SA Roy Eben Brown<:'.rn. Brown was a FWS OLE certified firearms instructor
and armorer for SIG pistols, Colt AR/M-4 rifles, Remington 870 shotguns, Glock
Pistols, Ruger pistols and Ruger Mini-14/30 rifles, until his retirement in
December 2014.

SSA Bruce Kindle 219 and Oberholtzer are close friends of Brown. Out of
friendship and rather than finding a replacement armorer as Brown's retirement
date approached, Oberholtzer spent several thousand dollars of FWS OLE
funds to continue Brown's training in order for him to maintain his firearms

217
The Brongs reside at 1672 Mabee Mines Road, Washougal WA 98671; 360.837.8148.
218
Brown resides at 77 Sacajawea Ave, Lander, WY. 82520; 307.332.7119.
219
Kindle is the FWS OLE agency rcprchcnsive assigned to the FLETC, Brunswick, GA 5850 I;
912.267.2551.

56
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 73 of 103

certifications. Moreover, at the time when the FWS OLE employed Brown,
Kindle wrote an independent contractor job description, which allowed Brown to
secure employment as a contractor at the FLETC upon his retirement.

SA Matthew Medry Bryant220 ~ Bryant's father Michael R. Bryant is the Project


Leader for the Coastal North Carolina National Wildlife Refuges Complex.

As a married refuge law enforcement officer Bryant used government


vehicles/facilities to conduct an affair with an under aged high school girl. On the
occasions Bryant travels on official government business he routinely goes
tomcatting in furtherance of having an extramarital fling. Bryant was also a
subject of a DOI OIG investigation regarding the theft of a FWS refuge firearm
and its subsequent sale.

SA Alfred W. Colby IV 221 : Colby was hired by the FWS OLE sometime around
2006, after resigning from the OHS under questionable circumstances. Colby is
an amateur herpetologist who collects and possesses various endemic and
exotic species of reptiles, including poisonous reptiles.

Colby resides in Alameda County California, a locality wherein the county


prohibits the private possession of exotic animals or poisonous reptiles. Colby is
222
a close friend of several notorious and felonious California reptile smugglers
who have been investigated and summarily convicted under the felony provisions
of the Lacey Act by the FWS OLE. On occasion when these felons travel, Colby
will oversee their collections and occasionally receive reptiles as compensation
for services rendered.

Among some of Colby's closest herpetologist friends include Bruce


Feldhammer, Randy Graham, Terry Lilley, David Rittenhouse, Robert J.
Stene and Karl Switeck. Colby's immediate supervisor ASAC Daniel P.
Crumb223 and Chang his former SAC are aware of the aforementioned and act
with the belief that what Colby does on his own time is his business.

Despite these Giglio issues, Woody has designated Colby to become the FWS
OLE Attache at the U.S. Embassy in Jakarta, Indonesia.

SSA Elizabeth L. Darling: She is a relative of Jay Norwood "Ding" Darling,


the namesake of the Ding Darling National Wildlife Refuge.

220 Bryant resides at 3440 Skinner Road. Midlothian. TX 76065: 405A33.2595.


' 1 Colby is the FWS OLE Attache in Bangkok. Thialand ..
222 Feldhammer, Graham, Lilley, Rittenhouse, Stene and Switeck

223 Crumb resides some forty-five (45) miles from his office at 1739 Cherokee Court, Cool, CA

95614: 530.889.9329.

57
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 74 of 103

RAC Erin L. Dean aka Erin L. Pilkington 22 4: Dean is the niece of a former FWS
Director from Wyoming. Dean is married to an Assistant Field Director for the
OHS in Los Angles, CA.

Whenever and wherever Dean's husband is transferred, the FWS OLE will create
a new job for her, as was the case when she was allowed to transfer from San
Diego, CA to Torrance, CA. Until then, the FWS OLE will not force Dean to
move.

In 2008, the DOI OIG disciplined Dean, SA Lisa Carol Nichols 225 and several
other FWS OLE SAs for misusing their GOV while on they were on clock in order
to purchase alcohol and other party items for RAC Marie E. Palladini's 226 2007
retirement party. Chang and Perez were also present at the party when Nichols
and several other SAs drove their government assigned vehicles to/from the
affair, after consuming alcoholic beverages. And like Lauro, Chang and Perez
didn't reprimand their employees

Despite being a Giglio-Impaired SA, Woody continues to afford Dean


international overseas training assignments overseas.

It's alleged that Dean has hired several household employees to care for her
children and to perform household cleaning services and she has failed to pay
Nanny Taxed27 It's further purported Dean is jockeying with her FWS OLE
colleagues to secure a SCEP student position for her children.

RAC George Domenici (retired - Casper, WY): Nephew of Senator Pete


Domenici.

228
SA James Christopher Dowd : Dowd's father Christopher Edward Dowd 229
retired in April 2010 as the RAC FWS OLE New England District230 Prior to
retiring Dowd was not only able to land his son a job with the FWS OLE, he was
also able to ensure that his son a lifelong resident of Boston, worked at the FWS
OLE offices in Chelsea, MA.

224
Dean resides at 16826 Harvest LN, Huntington Beach, CA 92649; 714.840.4381.
225
Nichols resides at 13523 Ridley Road. San Diego, CA 92129; 858. 780.1723.
226
Palladini resides at 641 island View Drive, Seal Beach. CA 90740; 562.430.5457.
227
http://fso.cpasitesolutions.com/Premium/TS/fg/fg-Nanny _ Tax.html
228
The younger Dowd resides at IO Seap01i Drive, Apartment# 2518, Quincy, MA 02171;
617.479.9286 and 339.469.1838.
229
RAC Dowd resides at 105 Prospect Street N01ih. Braintree. MA 02184; 781.348.9272.
230 RACDowd'soffice wa, located at 70 Everett Ave .. Suite315. Chelsea. MA02l50; 617.889.6616.

58
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 75 of 103

SA Jesic~ L. Espinoza 231 . Espinosa is the daughter of Doctor Edgard


32
Espinoza the Deputy Director of the Clark R. Savin National Fish and Wildlife
Forensic Laboratory. Prior to becoming a SA, Jesica Espinoza initially worked at
the Forensics Laboratory as a SCEP student and later as an Investigative Case
Specialist for Chang in Portland, OR.

233
SSA Mag: French : French and her brother Refuge Manger Andrew
French 234 are the daughter and son of former FWS Region Five
Regional Director Jerry French. It's further alleged French has failed to
pay Nanny Taxes in relation to paying childcare services for her children
while she was working.

SA James Paul Fuller23 \ Jackson rigged/manipulated the Open Period and the
Area of Consideration for a USAJOBS vacancy announcement, in an effort to
preselect Fuller's wife, WI Becky Fuller for a WI position in Port Huron, Ml.
Jackson's actions further denied more highly qualified candidates, including
veterans from securing entry-level employment with the FWS OLE.

SA Ellen M Goeckler236 (nee Ellen M. Kiley}: In April 2009, Goeckler was


working at the FWS OLE office in Chelsea, MA, when she told her close
confidents Mowad and Oberholtzer that she was in a relationship with Kansas
Wildlife and Parks Game Warden Jeff K. Goeckler, who resided in
Washington, KS, a town in northern Kansas with a population of 1,100.

Mowad and Oberholtzer subsequently schemed to create an entirely new duty


station for Goeckler to work at in Beatrice, NE 237 ; a town with a population of
12,000 and a locality with absolutely no nexus with the Mission of the OLE238.
Moreover, the OLE Strategic Plan for the period 2006-2010 specified the two
Nebraska OLE SAs who were already stationed in Nebraska, would be
collocated with the FWS Ecological Services in Grand Island, NE.

When the couple eventually married Kiley changed her name to Ellen M.
Goeckler and they would reside in Washington, KS, which is some forty-seven
(47) miles from Beatrice, NE. Upon her arrival in Nebraska, the State of

231 Jesica L. Espinosa resides at 32636 Nantasket, Rancho Palos Verdes, CA 90275: 530.774.4759.
232Ashland, OR (541) 482-4191.
23 3 Mary French resides at 4900 Quality Drive, Fredericksburg, VA: 540.898.1755
234 Andrew French is the Refuge Manager at the Silvio 0. Conte National Fi~h and Wildlife Refuge;
413.863.3676.
235 Fuller resides at 5388 Herner Road, Rhodes, MI 48652; 989.600.1997.
236 Goeckler resides at 307 W 5th ST, Washington. KS 66968 and utilizes P.O. Box 216. Washington,

KS 66968; 785.325.2884.
Beatrice, NE is some forty-seven (47) miles from Washington, KS.
A records check will reflect that Kiley's move co:-.t thousands of dollars.

59
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 76 of 103

Nebraska asked Goeckler to leave because her poor work ethic, so the FWS
OLE ultimately secured Goeckler an office at 306 C Street, Washington, KS
66968, to work from.

There is absolutely no FWS OLE nexus/justification in having a FWS OLE


employee stationed in this remote area other than to accommodating Goeckler's
personal lifestyle as GS-13 SA As a result, many other SAs are demanding that
Woody also afford them similar lifestyle accommodations.

SA Curtis Allen Graves 239: In the early nineties Woody was Graves' mentor
when they worked together at the UDNR. Unfortunately, Graves' acquired
Woody's bad vices of binge drinking and marital infidelity.

In the mid nineties Graves was hired by the FWS OLE where his excessive
drinking and philandering took an everlasting toll on his wife 240 , which caused her
to take frequent leaves of absence from him. During a May 26, 2006 sabbatical,
Graves' wife and three children were all killed in a motor vehicle accident on
Interstate 80, nine (9) miles east of Elk Mountain, WY.

SA Zachary Green 24 \ Green who is a minority was stationed at the FWS OLE
offices in Memphis, TN. Green retired in December 2014 at age fifty, seven
years earlier than his mandatory retirement date, after being constantly
overlooked for a promotion in Nashville, TN and Knoxville, TN by Gale and
Woody.

Both Noel 242 and then Rayfield who were both stationed in Nashville, TN were
eventually promoted to become successive RACs in Nashville, TN over Green, in
order to prevent the FWS OLE from paying Green's relocation expenses in
moving him from Memphis, TN to Nashville, TN.

Green first met Van Lancker at a reptile takedown and all of the SAs who were
in attendance were upset Woody was hiring BLM OLE SAs who had absolutely
no wildlife expertise, nor the ability to identify either endemic or exotic species of
wildlife.

239
Graves resides at 3333South Lake Gultch Road, Castle Rock, CO 80 I 04; 303.681.2249.
240 Laura Kay Parker Graves.
241 901.877.7235
242
After initially working as aFWSrefugeofficer,Noel was hired to workforthe FWS OLE in 2004
at age 32. Noel was originally stationed asa field agent in Nashville, TN. In 2009Noel became the
RAC in Knoxville, TN, despite never having testified before a Federal Grand Jury or having
arrested anyone pursuant to a criminal investigation.

60
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 77 of 103

RAC Richard Andrew Grosz 24 \ Grosz is the son of retired SAC Terry L.
Grosz24 ~ The elder Grosz retired in 1998, but not before getting his son hired as
a SA, despite the younger Grosz being deaf in one ear and counter to the OPM
medical standards. Woody subsequently approved the promotion of Grosz to
the position of the RAC of North Dakota and South Dakota.

Grosz is currently involved in a rancorous divorce from his wife Carrie A. Grosz
and since he doesn't have the funds to buyout his wife's portion of their
residence, he is exploring the option of a FWS OLE transfer and paid move to
another venue.

SAC Monty C. Halcomb 245 : Halcomb was forced to resign for having
pornographic material on his government computer.

SA Kelly A. Holland 246 247 : On June 1, 2009, in the United States District Court
for the Western District of Virginia, Holland was sentenced to thirty-six (36)
months of probation and fined $5,000 for possessing a firearm, which he had
stolen from an individual who was subject of a FWS OLE investigation.

SAC Gregory M. Jackson: Jackson's father was a supervisory United States


Customs Inspector at International Falls, MN, who was able to use his clout with
Minnesota politicians to get his son an initial appointment as an inspector with
the United States Customs Service and subsequently having him hired in 1995,
as a SA with the FWS OLE.

Jackson has been a lifelong resident of Minnesota, where he continued to parlay


his political connections where in 2005, at age forty-one he became the youngest
SAC ever, for the FWS OLE Midwest Region, Bloomington, MN. Jackson was
able to achieve this milestone, despite having being a greenhorn investigator and
despite having never arrested anyone, or testifying before a federal grand jury.

SA Samuel F. Jojola 248 : Jojola is like Angel Martin in the Rockford Files, a
caricature, dealing and speaking in bulls**t - a conman. Jojola is a narcissist, a

243
3425 Miriam Ave., Bismarck. ND 58501: 701.355 .8 525.
244
Grosz resides at 8041 Grizzly Way, Evergreen, CO 80439; 303.674.1653.
245
Halcomb resides at 149 Renegar Branch Road. Wartrace, TN 37183; 931.857.9990.
246
https: / /www.doioig.gov/s ites/doioi g. gov/files/Semiannual-APR2009SAR.pdf
(DOI OIG Semiannual Report to the Congress dated April 2009.)
247
Holland formerly resided at 20348 Josh Allen Drive. Abingdon, VA 24211 ;859.236.5688. Holland
currently resides at 1145 Handys Bend, Wilmore. KY 40390; 859.236.5688.
248
Jojola resides at 565 Esplande. Apartment# 204. Redondo Beach CA 90277; 310.540.0099; email
- ru2s1y2@hotmail.com & samueljojola@gmail.com

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liar and a morally corrupt individual who fabricates fanciful falsehoods all the
while rhapsodizing about being the FWS OLE's Secret Agent Angus MacGyver,
when in fact he's just like Kelvin Smith, albeit not a convicted felon.

Jojola was asleep when FLETC Instructors and countless others told him that
the misuse of alcohol, drugs, woman and GOV were the third rail in initiating
administrative investigations of employee misconduct, and when said allegations
were sustained, the ultimate punishment could even betermination.

Throughout his career Jojola routinely misused GOV 249 irrespective if he was
working or off duty. On occasions he even operated these GOV while under the
influence of alcohol or prescription medications:
• One of Jojola's most egregious acts was going AWOL on the day FWS
OLE SAs were executing search/arrest warrants, so he could pickup his
son Jeremy Jojola 250 at the airport. What kind of investigative reporter is
a son who knowingly turns a blind eye to his father's transgressions?
• Jojola used his GOV to go to liquor stores and to go to bars/lounges
where he would go skirt chasing and salsa dancing.
• Jojola routinely used his GOV to go to his beautician to get his hair
cuVdyed, his eyebrows plucked and his fingernails manicured and his
toenails pedicured with dikes (diagonal pliers).
• And of course his GOV was routinely packed with groceries and other
personal items he had purchased throughout theworkday.
• Until he was detailed as a Air Marshal, Jojola convinced his FWS OLE
managers he was fearful of flying and he didn't like taking anxiety
medication when flying. So whenever he had to travel Jojola gassed up
his GOV in Reno, NV and drove cross-country up and down the super
slab (Interstate Highway). During these boondoggles he regularly
decamped to Albuquerque, NM or El Paso, TX to visit relatives and then
drive the long way home via Los Angles to see his buds, or to go skirt
chasing, or wherever the four winds took him. He went AWOL, Off The
Grid and Off The Reservation, all rolled into one.
• Conveniently post 9/11 , Jojola volunteered to work for two years as an Air
Marshal (as did many other SAs who didn't have any casework) for two
years of skirt chasing and knocking down adult beverages in business
class. So much for having to take anxiety medication for flying!

Although Jojola's birth parents were a Caucasian couple from Pennsylvania he


was abandoned by them and raised by a foster couple from New Mexico, who
were of Hispanic and Native Americanancestry.

249
In violation of 3 I U.S.C. 638 a(c)(2).
250
Jeremy Jojola touts himself an investigative reporter for Colorado 9News, a reporter who claims
to uncover the stories people don't want you to see, a hypocrite who fails to shine the light on his
dishonest father!

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In 1976, with only a high school education Jojola was intellectually challenged
when he began working in a New Mexico prison as a guard. At the same time
Jojola had a malleable and impressible personality, and he was easily
influenced, swayed and enthralled by the taboos he was exposed to while
working at the prison.

Jojola was not unlike Joyce Mitchell, who worked at the Clinton Correctional
Facility in Dannemora, NY and who aided convicted murderers Richard Matt
and David Sweat to escape from the institution. Like Mitchell, Jojola was
socially incompetent and the experience scared him. Jojola was manipulated by
the dangerous inmates, which eventually caused him to become a psychopath.
He could no longer differentiate right from wrong. He acted amorally from that
point forward, be it to his wife, the public, his employer or his colleagues.

As was the case of Democratic Senator Elizabeth Warren (D-CT}, a blond,


blue-eyed white woman, who like Jojola fraudulently claimed she was of Native
American Indian ancestry. Jojola's a cheat, no different than the Caucasian
women Rachel Dolezai251 , who portrayed herself as being black even though
she was born Caucasian in order to become the head of the Spokane
Washington chapter of the National Association for the Advancement of
Colored People (NAACP).

Jojola initially gained entry to federal employment and subsequent management


positions by using the ruse he was a minority, despite being unable to point to
evidence he was a minority or eligible to become a member of any federally
recognized tribe

Jojola misrepresented himself by claiming he was a minority in order to be hired


by the FWS OLE. Jojola lied and diminished the real struggles of minorities even
though his pedigree is Caucasian. Jojola is dishonest and deceptive and as
much as he should be concerned about his identity issues, he should really be
concerned with his integrity issues.

Jojola and SA Max Bahos 252 were paired together in Reno, NV working in an
undercover business known as Silver State Exotics for the purposes of
identifying individuals who were suspected of illegally trafficking in reptiles. From
the beginning the SAs were rebuffed by Adams for their unprofessionalism. At
the time Jojola had been working for the FWS OLE for a dozen years, while
Bahos was a tyro with only three (3) years of experience.

Adams became frustrated when he learned Jojola and Bahos were acting out of
character by zealously paying inordinate sums of money making confidence

251
Dolezal came to media attention when her Caucasian parents stated publically that she wa:, a
white woman passing as a black.
252
Bahos is currently a realtor for Remax Southern Homes, 110 Inverness Corners. Birmingham. AL
35242; 205.492.9500.

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buys, which didn't lead to making cases. Their actions merely led the subjects of
the investigations to suspect they were Feds!

As a result, Adams began to question and then cut back on the amount of
operational undercover funds the SAs had access to in order to fund the project.
This caused Jojola and Bahos to hatch a plan wherein Bahos secured a second
mortgage on his primary residence (without the knowledge of his wife) and to use
these monies to adequately fund (in their mind) Silver State Exotics. As Bahos
began to funnel these illicit funds into Silver State Exotics, he created a second
set of bogus financial books to track the movement of the funds both into the
undercover business and out of the undercover business, in order to repay his
second mortgage.

Jojola for his part was also responsible for buying both legal and illegal reptiles
with the assistance of a Cl. Unfortunately Jojola was paying far too much for the
reptiles and neither he (Jojola) or Bahos knew how to adequately care for the
reptiles, so there was a lot of mortality. When these two factors collided it
inhibited Bahos from repaying his loan.

The scheme eventually imploded within a year of being hatched during the
course of an unannounced internal audit, which resulted in both men pointing
fingers at one another. By the time Bahos learned he had been setup by Jojola
it was to late. The documentary evidence was irrefutable. Bahos had both
applied for a second mortgage with a financial institution, which allowed the
auditors to track numerous monetary transactions between Bahos and the
undercover business, Silver State Exotics.

It didn't help that both married SAs were using the undercover business with their
paramours and when their wives eventually found out, both of their marriages
ended acrimoniously2 53. Jojola is also an extremely carless and negligent
individual who failed miserably in the evidence handing arena, and on the several
occasions he even neglected to lock and secure the undercover business.
Jojola's lackadaisical attitude resulted in both undercover audio/video recording
equipment and endangered species of reptiles,, worth tens of thousands of
dollars to be stolen from Silver State Exotics2 54 .

Bahos eventually resigned and when his wife divorced him he moved back to his
home state of Alabama to become a realtor.

2 3
:'i Samuel Jojola and Linda Jojola were officially divorced in Washoe County, NV on October 7,
1999.
254
Although Jojola claimed he forgot to lock the door to the covert office building, in reality the blood
was being drained from his little head when he was getting reamed steamed and dry-cleaned by one
of his mistresses! Then there were the endangered snakes he would routinely loose in his hotel room.
And heaven help the cleaning staff or the next guest who moved in after he checked out.

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When Bahos told Jojola's wife (Linda Jojola) of some twenty years of marriage
how she had been deceived, she commandeered one of Jojola's Service Issued
Firearms and attempted to track him down and kill him. Fortunately, Jojola's
sons interceded and the local law authorities in Reno, NV were able to
deescalate the situation.

The auditors further examined several hundred undercover audio and


videotapes, which Jojola made in conjunction with the reptiles he and the Cl
bought/sold. During the course of the examination the auditors learned that all of
the tapes had been erased, which Jojola attributed to excessive solar
flares/sunspots that were attributed to the eleven-year magnetic cycle of the Sun.

Despite several hundred thousands of dollars of under cover funds being


expended to both create the undercover business entity known as Silver State
Exotics and the subsequent purchase of reptiles, no one was ever prosecuted.

The intensity of the administrative investigation and his wife divorcing him caused
Jojola to have a nervous breakdown and to be placed on a suicide watch for an
extended period of time. Adams also placed Jojola on administrative leave and
he took his badge and Service issued handgun 255 away. He was heavily
medicated and couldn't sleep even with the aid of a blindfold. Neither taping the
door or the curtain seams shut to block out the light helped.

Although Adams wanted to terminate Jojola, Chang and Perez interceded


wherein they transferred him at government expense to the pacific Region,
thereby preventing Adams from terminating him. Despite Jojola's unstable
emotional condition and his unethical propensities, post 9-11 Chang and Perez
placed Jojola into the Air Marshal Program for a period of two years. At the
conclusion of the detail they promoted him to the DRAG position in Torrance, CA,
thereby exposing the staff to Jojola's to his toxic personality.

Despite having the aforementioned integrity and morality issues, Chang and
Perez allowed Jojola to work as a Giglio-Impaired SA, to include traveling
overseas to Australia to working with foreign government officials, testifying in
court, and being an affiant in arrest and search warrants. Moreover, Chang,
Perez and Jojola illegally concealed the aforementioned derogatory from both
the various U.S. Attorneys' Offices and the defense.

Jojola in seeking post retirement employment, claims to have specialized military


experience in light weapons and handguns. During his tenure with the FWS OLE
he went by the nom de guerre, Ricochet Rabbit, the cartoon character that had
the incompetence of a gnat and yelled, Ping-ping-ping Ricochet Rabbit. Jojola
rarely secured his Service issued handgun, as was the case his ex-wife tried to
kill him. On several occasions Jojola misplaced his Service issued handgun for

255
Adams sent SA Barry Alan Jordan to disarm Jojola. Jordan currently resides at 259 Street
Cochran ville, PA 19330: 610.9980612.

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days on end. He obviously learned not to secure his weapon from his colleagues,
in the Region One SA Mafia. That certainly worked out well for mafia member
RAC Peter 5. Nylander256, whose young daughter used his Service issued
handgun to commit suicide!

Then there was the time when Jojola was qualifying with mafia member RAC
Scott Pearson 257 at the Sacramento Valley Shooting Center with an AR-15,
which he was unfamiliar with. Jojola let a round fly while he was improperly
handling the loaded weapon by a picnic table, nearly killing RAC Scott Heard 258 .
Jojola expressed bewilderment, rationalizing he had been taking prescribed
medication (sleeping pills) and suffering from fatigue from driving.

Jojola was in awe and generally had his nose up the arse of former mafia
member DC Thomas W. "Butch Riley" 259 . Like Riley, it wouldn't be surprising if
Jojola also had absconded with Service owned firearms and other government
equipment, at the time of his retirement.

Then there was mafia member RAC Larry M. Farrington 260 who demonstrated
how it was ok to misuse GOV. Farrington relished in the fact that he could live
as far away as he wanted from his government office and still drive a GOV
between home and work. Moreover, Farrington happily recognized he was
being paid for commuting irrespective how long the commute took.

At the time Farrington was stationed in Reno, NV and he was living in the town
of Incline Village, NV, some forty-five (45) miles away from his office. At an
elevation of 6,350 feet, on a good day it took him over an hour to drive the
forty-five (45) mile, single lane mountainous Highway #431. In the winter State
Highway #431 was generally impassible and routinely closed due to heavy
snowfall. When State Highway #431was closed Farrington was either paid to
stay home or he would drive on State Highway #267/180, a sixty-five (65) mile
one way trip which could take up to an hour and a half.

Jojola and his Region One SA Mafia members corrupted countless SAs and Wis
who were stationed in the region and who took their modeling cues from them. At
the time Riley was the Torrance CA RAC and Jojola's co-workers included
Chang, Palladini and Perez, who were all field agents at the time. But heaven
forbid if a WI stepped out of line. Jojola and his corrupt SA colleagues would sell
them out in a heartbeat, in order to take attention away from their double-dealing
rackets. Like unlawfully driving their GOV into Mexico.

2:i 6
Nylander reside;, 11255 SW McKenzie Court, Willsonville, OR; 503.682.4520. Despite being an
alcoholic McMullen and Perez failed to terminate Nylander, until that time the Oregon State Police
caught him operating hi,, government assigned vehicle while intoxicated.
· Pearson resides at 160 Bay line Circle, Folsurn, CA 95630; 916.353.1102.
Heard resides 1394 Grouse Butte Lane. Roseburg. OR 97470; 503.679.7439.
Riley who was the former DC of the FWS OLE retired in 2004.
Farringtonresidesat43 l l 4CorteTolosa. Temecula.CA 92592; 951.694.4614.

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How can anyone ever forget how the Torrance SAs influenced WI Daniel G.
Noether261 In April 1988, Noether pleaded guilty in the Central District of Los
Angles for taking $30,000 in bribes in exchange for allowing Norm Golub, Gene
Roscher and Chris Roscher to smuggle tropical fish and some 50,000 reptiles
into the United States. Noether was eventually sentenced to a year in prison and
2,000 hours of community service 262 .

Then there was WI Tracey Reed, who in 2005 routinely went AWOL in his GOV,
but unlike the Region One SA Mafia he was terminated. At the time Perez was
the SAC and Chang was the ASAC.

Even the former FWS Director's 263 son, WI Steven Hamilton got caught up in
the Kool-Aid the Region One SA Mafia were drinking, when Hamilton who was
slotted to be hired in the next SA class was forced to resigned after he was
arrested for selling prescription drugs. But then again Hamilton was a nepotism
hire and perhaps in hindsight, justice wasserved.

264
RAC Thomas John Karabanoff i Karabanoff belongs to the United States
Border Patrol Mafia, the only federal law enforcement organization even more
corrupt than the FWS OLE. Prieksat and Pruzenzenki both worked for the
United States Border Patrol prior to becoming FWS OLE SAs.

In 2006 Karabanoff was arrested and convicted by Texas authorities for driving
his GOV while under the influence of alcohol and while wearing his Service
Issued Firearm. Karabanoff was at a FWS OLE party along with Chavez, SA
Douglas McKenna 265 , McDonald, and several other FWS OLE SAs. When the
group ran out of alcohol, Karabanoff volunteered to get more booze because he
was from the locality and knew where to go.

McDonald failed to recue himself from being the adjudicating official in the
aforementioned misconduct matter. Moreover McDonald and the deciding official
failed to terminate Karabanoff.

This FWS OLE party wasn't Chavez's orMcKenna's first brush with impropriety.
Prior to being supervised by Karabanoff, Chavez's and McKenna's immediate
supervisor was RAC Lucinda Schroeder266. During the course of an

261
Noether resides at 32917 Turtle Dove Drive, Lake Elsinore, CA 92530; 951.678.01155.
262
Lo,- Angles Times article written by Michael J. Goodman on October 15, 1995
(http://ai1icles.latimes.com/l 995- l O- l 5/magazine/tm-57242_] _wildlife-smuggling)
263
Samuel D. Hamilton died on February I 0, 2010.
264
Karabanoff resides at 111 Sharla Smelley Road, Weatherford, TX 76088: 817.594.9011.
265
McKenna currently resides at 32 Heights Court. Sandia Park, NM 8 7047: 505. 286.0906. He
presently works as a self employed private investigator dba ENVIN, LLC, P.O. Box 761,Sandia Park,
NM 87047:505.553.3834.
266
Schroeder retired in 2004 and currently resides at 3400 Chestnut Drive, Montrose, CO 81401.

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administrative investigation initiated by Schroeder, Chavez and McKenna were


found to be insubordinate.

Karabanoff was undeterred with his prior bouts of dereliction, wherein he had
the audacity to publish a March 5, 2013 self-serving article in the FBI Law
Enforcement Bulletin On Leadership titled - The Importance of Vision.
Karabanoff pompously bragged how once Chavez became the SAC for the
Southwest Region he and Chavez dispensed inspirational and visionary
leadership to transform and make the Southwest Region, the best region!

Despite Karabanoff's being a Giglio-Impaired SA and having a character flaw of


being unable to manage his alcohol dependency, Woody continues to provide
Karabanoff with domestic/international training assignments.

Charles Kenny Kesslerx'7: In 2006 Kessler was going through acrimonious


divorce, which resulted in Kessler's wife making a complaint to the DOI OIG,
with regard to her husband misusing his GOV.

SA Obe Lowry: Lowry was working for the FWS OLE in 2009 and 201 O when
he was assigned to work on an intermittent basis at the U.S. Embassy in
Bangkok Thailand, as the liaison officer with the Royal Thai Police (RTP) and the
ASEAN-WEN. During the times when Lowry traveled to Thailand his wife
remained behind in the United States.

Within a short period of time of his posting, the Thailand government terminated
Lawry's services when on several occasions he was AWOL as he was
consuming adult beverages and frequenting the company of the local prostitutes,
as a married man, more than he was working. inebriated and having relations as
a married man with the local prostitutes. In particular, Lawry's misconduct
overshadowed the FWS OLE's mission in disrupting the illegal transnational
wildlife trafficking networks.

Obviously, Lowry and Woody conveniently concealed Lawry's aforementioned


misconduct from the DOI OIG, when Lowry was an applicant for the DOI OIG.
What's clear is many FWS OLE employees are aware of Lawry's embarrassing
behavior, all which undermines the integrity of both the FWS OLE and the DOI
OIG, where Lowry is currently employed.

SAC Richard Marsh McDonald"" 00_ McDonald currently works at the Marion
County Sheriff's Office in Portland, OR as a detective for the Cold Case
Homicide Squad.

267 Kessler re~idcs 9947 Fairlanc Road. Shawnee Mi~sion, KS 66215:785.286.1388.

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One of the criminal cold cases McDonald chose not to pursue was that of his
partner SA Terry D. Jorgensen 269 . Jorgenson is a notorious pedophile that
roamed the playgrounds of Bellingham, WA in his GOV exposing himself to
innocent and unsuspecting children.

As a former Oregon State Police Officer, McDonald received a tip that the local
law enforcement authorities were going to arrest Jorgenson if McDonald didn't
intercede. McDonald in turn brought the matter to the attention of SAC David L.
McMullen 270 who successively confided with his fellow RACs about the matter in
an effort to protectJorgenson.

Scott G. Pearson 271 the FWS OLE RAC in Sacramento ultimately decided to
take Jorgenson in and within a fortnight, McMullen had Jorgenson and his
family transferred/moved to Sacramento, CA at government expense. McMullen,
Pearson and McDonald tried to keep the matter quiet to the extent that they
didn't want Jorgenson to have to undergo psychological counseling, in order to
conceal the matter from headquarters.

Eventually, everyone who worked for the FWS OLE in the Pacific Region learned
of Jorgenson's sickness. Yet no one came forward to reported the matter to the
DOI OIG. Besides the aforementioned managers who kept mum, there were
other SAs, who when they were field agents worked with Jorgenson, the likes of
Chang, Jojola, Pallidini, Perez and Riley, allwho would dummy up.

The crimes the FWS OLE covered up regarding Jorgenson are not unlike the
sexual abuse cases which were c5ommitted by Roman Catholic priests in the
Boston Archdiocese, which were investigated by the Boston Globe and became
the subject of Tom McCarthy's 2015 film Spotlight.

Despite being a Giglio-Impaired SA, Jorgenson continued to work at the


Sacramento RAC office until he retired onJanuary 1, 2004.

The misconduct issues that occurred on McMullen's watch weren't limited to


Jorgenson. Ernest H. Mayer272 was the RAC at the FWS OLE office in
Honolulu, HI and his abrasive management style didn't sit well with his
employees. It didn't help that Mayer was involved in a bitter divorce, when his
wife learned he was dating a much younger paramour from Switzerland.

In an attempt to conceal the affair from his wife Mayer used his GOV, on
government time to meet up with his Swiss girlfriend. However, Mayer's illicit
activities alternatively were witnessed by two of his subordinates, SA Carol Cox

268
McDonald resides at 855 Chee Chee Court, Silverton, OR 97381; 503.874.9297.
269
Jorgensen resides at 1573 Chadhury Drive, Roseville, CA 95678; 916.783.7997.
270
McMullen resides at I 2975 SW Beef Bend Road, Tigard, OR 97224; 503.620.2468.
271
Pearson resides at 160 Bay line Circle, Folsom, CA 95630; 9 I 6. 353.1102.
272 Mayer resides at 20591 Crescent Pointe PL, Ashburn, VA 20147 703.444.9263.

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and Evidence Custodian Michael M. Hart, who would eventually file a


complaint against Mayer.

When McMullen had the matter he ruled that Hart had knowingly provided false
and misleading information to the FWS OLE investigators who were conducting
the official inquiry of Mayer. Rather than taking any action against Mayer, on
November 29, 1994, McMullen issued Hart a notice of a proposed adverse
action to remove him the FWS OLE. On December 8, 1994, Hart shot himself
through his chest with a gun that Cox had previously seized in a prior criminal
matter.

SSA Sean Louis Mann: Like Perez, Mann received a General Education
Degree from Juanita High School in 1991. Mann is also a byproduct of nepotism
when in 2002, his father FWS OLE RAC Commodore L. Mann 273 saw to it that
the FWS OLE hired his son. Although Sean Mann also serves as a Senior Drill
Sergeant with the U.S. Army Reserve, his FWS OLE colleagues will say he is a
Badge Heavy immature individual who has a difficult time transitioning between
the way he addresses military contacts and the way he overzealously interacts
with civilians.

In November 2006, in U.S. District Court in San Francisco Jeffrey A. Diaz of


Redwood City California plead guilty to two felony counts of smuggling
federally-protected Eurasian Eagle Owl eggs into the United States. The
investigation was initiated when OHS Inspectors serendipitously determined that
Diaz was in possession of Eurasian Eagle Owl eggs decorated as Easter Eggs.
Assistant United States Attorney (AUSA) Dennis Michael Nerney (retired)
prosecuted the case.

Nerney had an illustrious thirty plus year career as an AUSA to include being
one of the prosecutors assigned to investigation/prosecution Patty Hearst et al.,
and the Symbionese Liberation Army. Although the FWS OLE initially made
Mann the case agent in the Diaz matter, Nerney had Mann removed from the
investigation because Mann was insubordinate, incompetent and incapable of
writing investigative reports.

Nerney was so incensed by Mann's incompetence he directed U.S. Court


security officers to arrest Mann in the event that he attempted to enter the
Federal Court Building in San Francisco.

In January 2016, Andrew Watkins a Linden, CA farmer and president of the San
Joaquin Farm Bureau Federation, pleaded guilty to a misdemeanor assault on a
federal officer. The plea agreement stems from a February 27, 2012 incident,
wherein Watkins armed with a semiautomatic pistol confronted Mann while
Mann was trespassing on Watkins farm.

Mann resides at 249 North La Arboleata Drive. Gilbert, AZ 85234: 480.588.1547.

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In 2012 ,Watkins and other farmers in the area where on high alert in response
to a rash of burglaries and metal thefts that had plagued their rural ranches and
farms. In accepting the plea Watkins stated, Anytime that you're facing the might
of the federal government and the danger of decades of imprisonment, it is wise
to consider eve,y offer, especially a misdemeanor with no firearm charge and
straight probation.

The incident was avoidable as the Open-Fields Doctrine allows federal agents to
conduct warrantless searches outside of the property owner's curtilage. In order
to avoid detection/confrontation a professional/competent federal agent would've
executed the search around the hours of sunrise or sunset or at night with the aid
of night vision devices. Moreover, Mann could've been working with another law
enforcement officer. However, the Sacramento FWS OLE has credibility issues
when it comes to working with both the California Department of Fish and Wildlife
(CDFW) game wardens or the local sheriff offices. Nor are Mann's colleagues at
the Sacramento office of the FWS OLE willing to work with him.

Mann's former supervisor Crumb will confirm Mann has an identity crises in as
much as he has infatuation with the fictional character Batman. At the drop of
the hat, Mann assumes the identity of Batman, donning a three thousand dollar
($3,000) Hollywood version of the Batman costume. Mann has gone as far as
adorning his body with Batman and Seattle Seahawk tattoos. Similarly, Mann's
peers will agree he has a difficulty in his professional capacity separating from
his alter ego, Batman. It's possible that Mann is also using government time and
resources to advance his Batman persona instead of learning the craft of being a
criminal investigator?

274
Mann was miffed he was recently bypassed when Rebecca Roca aka
Rebecca Elliott was selected to become the Sacramento RAC, thereby
becoming Mann's immediate supervisor. Mann's actions were bordering on
insubordination in creating a hostile workplace and he further intimated he would
file a grievance, until Woody promoted him to become a GS-13 SA Training
Instructor for the FWS OLE at FLETC in Brunswick, GA.

pc Gary Mowad: The FWS OLE initially hired Mowad in 1998, having earned
his federal status as a bug inspector with the USDA. Mowad had a particular
unspectacular law enforcement career with the FWS OLE, however through his
obsequious personality Grosz and anointed him a member of the Good Old Boy
Network.

In particular, early on in his career Grosz spent six figures for Mowad to receive
training to become a pilot over many more qualified FWS OLE SAs. Even though
Mowad left the field to become a midlevel administrator in the mid 1990s, the

Roca/Elliott reside~ at 12525 Lone Stac Auburn. CA 95602: 530. 718.4691.

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FWS OLE continued to pay thousands and thousands of dollars annually so he


could maintain his airman certificate.

In 1998, in effort to enhance his career and garner notoriety, Mowad who was a
former teacher at the Stephen F. Austin H.S. in Austin Texas, convinced Grosz
to use FWS OLE funds to mount and transport an illegally hunted panther from
Colorado to the school where he had previously taught. The panther, which
eventually became the school's mascot was named Elroy.

Having been the beneficiary Good Old Boy Network, Mowad carried forward the
tradition of nepotism and favoritism in rewarding his Friends and Family, at the
expense of outsiders. For example, Mowad rewarded SA Kevin Ellis 275 , by
moving him to his retirement home in Las Vegas, NV, Kiley to Kansas so she
could get married and Prieksat to his retirement home in Nebraska, all at the
expense of the FWS OLE.

Mowad further conspired and openly bragged how he was going to preselect
Webb's son Brad Webb as WI in Pembina, ND. This was to be the first step in
Webb's son eventually becoming a SA. The conspiracy called for Brad Webb, a
resident of Nebraska to falsely establish residency in North Dakota, so Mowad
could fill an emergency WI vacancy opening in Pembina, ND, as a local hire.
Mark Webb and Mowad could have pulled it off but they couldn't keep their
mouth's shut, and they were outed.

As Prieksat's immediate supervisor for over a half a decade, Mowad was fully
aware how Prieksat projected an aberrant, aggressive and antagonistic
personality toward the public, which eventually led to the Governor Rounds'
debacle. Every time Grosz failed his yearly hearing test, Mowad violated FWS
OLE policy in allowing him to remain a federal law enforcement position.

By mid 2007, when Mowad became the DC he became Scully's immediate


supervisor and he failed to terminate her for lying in an official administrative
investigation. In the later part of 2010, it became apparent to Mowad that he
didn't have the star power to be the FWS OLE Chief276 _ So he orchestrated a
government paid transfer to his home state, as the Texas State Administrator for
the FWS Ecological Services in Austin, TX 78754 277_

FWS managers began to question why the affluent Mowad had been living for
three (3) years, inside his vehicle, which was parked in the basement of the FWS
OLE headquarters278. The managers also faulted Mowad for the role he played in
the Governor Round's matter.

275
Ellis resides at 7263 Pinfeather Way, North Las Vegas. NV 89084; 702.516.1931.
276
Perez retired on January 3 I, 2011.
277 In August 20 I 0, Mowad resigned from the FWS OLE.
278
When Mowad was selected to become the DC he moved his wife and daughter at government
expense from Denver, CO to Austin, TX instead of moving them 10 Virginia to live with him. As the DC,

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 89 of 103

On August 18, 2014, Mowad appeared before U.S. Merit Systems Protection
Board (MSPB} Judge Mary Ann Garvey at a hearing in relation to an earlier
whistleblower case he filed against FWS managers at the Southwest Regional
Office 279 . The hearing took place because Mowad challenged being placed on
an open-ended detail causing him to be transferred from his office in Austin, TX
to Albuquerque, NM, to a position that had no apparent duties.

Mowad's case settled when he fraudulently testified the open-ended detail


caused a tremendous strain on his family on account of him being away from his
280
family for prolonged periods of time . Mowad argued the reassignment followed
his reporting a number of scientific integrity concerns, including what he termed a
blatantly political decision by the FWS hierarchy to reverse his recommendation
that the dune sagebrush lizard, with habitat in the heart of Texas oil country, be
listed under the Endangered Species Act.

Judge Garvey fell for Mowad's story, hook, line and sinker.

Subsequent to retiring Mowad created a rather unsuccessful LLC known as


Gary G. Mowad Environmental Consulting (GMEC). In order to financial keep
his business afloat, Mowad has relied heavily on his former connections within
FWS OLE, as was the case on December 6, 2016, when Birchell used
government funds to pay for Mowad to travel to Sacramento, CA to be a guest
lecturer for her staff. The record will disclose that there were many other capable
federal attorneys or federal employees who would've provided the same services
pro bone.

DRAC Edward L. Newcomer. Jr. 281 : Newcomer maybe an accomplished


investigator, but in 2003 he was late to the FWS OLE as a thirty-seven (37) year
old abecedarian SA stationed in Torrance, CA Despite receiving his Bachelor of
Arts (BA) degree in political science from the University of Colorado (1987) and a
Juris Doctor (JD) degree from the Seattle University School of Law (1991 ), he
had a lot of ground to makeup in passing up his colleagues, in reaching the
zenith of the FWS OLE.

Mowad illegally structured his official government travel schedule to travel to Texas to visit his
family. When Mowad lived in the headquarters basement he lived like a homeless person.
279
See Public Employees for Environmental Responsibility (PEER) website.
280
What Mowad hid from Judge Garvey is that by choice he chose to live away from his family for
some three (3) years while he was the DC FWS OLE. and that said long distance separation from his
family was not a hardship, but his choice. Whereas the transfer to Albuquerque Regional Office
wasn't his choice Mowad saw an opening to entrap his unsophisticated supervisorf>. In part, Title 5,
Code of Federal Regulations, Part 351 Title 5, CA provides for the transferr,ffunction c,fan employee
when a function ceases in one competitive area, and moves to one or more other competitive areas
that do not perform the function at the time of transfer. .
281
Prior to becoming the FWS OLE Attache in Gaborone, Botswana Newcomer resided at 1842
West 159th Street, Gardena, CA 90247; 303.333.2288. Newcomer's foreign APO address is 2170
Gaborone Pl Apt 71, Dulles, VA 20189-2170; 310.678.4889.

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As a result of being the smartest individual working at the Torrance RAC office,
Newcomer became a self-promoter tooting his horn wherever he went. He
became a diva who went on an irrepressible media seeking campaign promoting
each and every one of investigations. Newcomer parlayed his experiences in
self-promotion at the Torrance, CA RAC Office in order to secure a position as an
attache for the FWS OLE at the U.S. Embassy in Gaborone, Botswana. At age
fifty-one (51 ), Newcomer is aware he only has six (6) more years to create his
own personal brand, before he's kicked to the curb and forced to retire.

In Newcomer's case, the millennial branding he's employing is detrimental to


both the wildlife resource and the safety of all FWS OLE SAs and game wardens.
Newcomer routinely contacts media outlets such as the Los Angeles Times,
USA Today, Audubon Magazine, Backpacker Magazine and National Public
Radio (NPR). During the course of these interviews Newcomer's ego is fed by
anyone who is curious about his exploits. In the process, Newcomer revels to
the author and in due course to the reader/audience the tricks of the trade and
the covert and overt investigative techniques that the FWS OLE employs to
catch/prosecute individuals and organizations, which are illegally trafficking in
wildlife.

In revealing these trade secrets to the subjects of the investigation, Newcomer


makes these subjects more cagey, secretive and subversive. More troublesome,
there are countless studies which statistically address why federal and state
game wardens are either killed or assaulted in the line of duty, more so than any
other category of law enforcement officer. And Newcomer's shameless
self-promotion in disclosing these trade secrets is contributing to this onslaught.

SA Victoria A. Owens 282 _Owens is the daughter of SA Larry Owens who died
in 2016. At his retirement party Owens was voted as one of the three laziest and
shiftless SAs to have ever worked for the FWS OLE! In the case of his daughter,
the apple doesn't fall far from the tree.

Chief Benito Arturo Perez: Perez's highest level of education was High School.
He climbed the ranks of the FWS OLE to become the Chief through the various
filings of Equal Employment Opportunity Claims (EEOC). Earlier in his career
Perez was a lowly Game Warden with the Texas Parks and Wildlife Department
(TPWD).

In the early nineties the married Perez had affair(s) with identical twin sisters
Marylee L Brown 283 and Marylou L. Brown 284 • both who were residents of

282
Owens resides at 4348 Waialae, Honolulu, HI 96816,; 614.857.5769.
283
Mary Lee Brown resides at Shasta Daisy Court, Citrus Heights, CA 9561 0; 916.723.6890 and 356
School House Court, Roseville, CA 95747; 9 I 6.773.5910.
284 Mary Lou L. Brown re,ides at I036 Locomotive WAY #WY. Sparks, NV 89434; 775.331.7011

74
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 91 of 103

Texas 285 Using his political connections in Texas, as well as his position as a
FWS OLE SAC in Oregon, Perez used his influence in 1995 to hire the litigious
sisters who had absolutely no wildlife enforcementexperience.

Although Perez was successful is getting the twins hired by the FWS OLE he
was unsuccessful in having them collocated in the same duty station to
accommodate their separation anxiety disorder. Upon being separated from one
another, their supervisors confirmed the twins weren't able to comprehend the
concept of individuality. In short order the separated the twins initiated various
work stoppages and began filing a number of frivolous grievances and EEOC
complaints.

Marylou L. Brown was initially stationed in Newark, NJ but she was summarily
terminated in August 1998 during her probationary period for incompetence.
Marilee Brown was initially assigned to Portland, OR to be near Perez, where
he was the SAC. After Adams resigned, Perez became the Chief, but prior to
relocating to headquarters Perez transferred Marilee Brown to the FWS OLE
Office in Sacramento, CA, so she could be to closer to her sister who was living
in Reno, NV.

Subsequent to arriving in arriving in Sacramento, Crumb and Mann acting under


the auspicious of the DOI-OIG began investigating Brown for her periods of
prolonged AWOL. Brown claimed her absences were due to a back injury she
had incurred while working.

The EEOC complaints the twins filed in part includes: Brown v. Norton (U.S.
District Court, District of New Jersey, Civil Action No. 02-556); Marilou Brown v.
Dirk Kempthorne (U.S. Court of Appeals, Tenth Circuit, June 23, 2006 & D.C.
No. CIV-05-211-R) and United States of America Merit Systems Protection Board
(Docket No. SF-0752-12-0675-1-1 ). The later which was affirmed on June 4,
2014 and which resulted in Marilee Brown being removed from her law
enforcement position and demoted to a lower-graded, non-law enforcement
position on June 27, 2012.

Contractor Business Analyst Circee .T. Pieters 286 : In the early eighties the
married Pieters was having an affair with the married DC Thomas Striegler287
wherein Striegler made Pieters the FWS OLE Chief, Branch of Planning and
Analysis.

285
Perez also had engaged in a long-term affair with his subordinate SA Diane Petrula. When Perez
became the SAC of the Pacific Region in order to continue the affair. he transferred Petrula form the
Tomrnce, CA RAC Office to the Seattle RAC Office.Petrula resides at 9436191 ' t Street. Bot hell, WA;
425.892.0254.
Pieters resides at 3608 Fishers Hill Court, Fairfax. VA 22033: 703.263.7976.
Striegler resides at 618 County Creek Lane, Fredericksburg. TX 78624: 830.997.4223.

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 92 of 103

Pieters retired as the Chief, Branch of Planning and Analysis in the later part of
2014. Throughout Pieters' four-decade career she was known for keeping
shoddy records, which didn't clearly identify sources of revenue, expenses or
keeping track of property.

Since nobody was able to discern how the records were kept, Woody rehired
Pieters as an Independent Contractor/Business Analyst to perform the same
duties as she had performed when the FWS OLE employed her. In a furtherance
of preserving her historical opaqueness, Woody allows Pieters to work out of
her home. Best of all Pieters collects both an annuity and a second paycheck
from the FWS OLE, all courtesy of Woody.

During the period when Pieters was a federal employee she hired both of her
daughters 288 and she perhaps even absconded with funds 289 due to the
convoluted way she kept FWS OLE books, perhaps in the same fashion as
Bernard Madoff.

RAC Robert L. Prieksat29c\ Prieksat is the Dan Love of the FWS OLE. In 2006,
291
Prieksat filed charges in a U.S. Magistrate Court against Caleb Gilkerson for
illegally possessing untagged geese. Gilkerson subsequently filed a complaint
with South Dakota Governor Mike Rounds claiming Prieksat had tried to
intimidate him and others with rudeness, vulgar tirades and aggression 292 .
Rounds' investigation disclosed that more than sixty (60) people filed written
complaints and petitions calling for Prieksat's removal, contending Prieksat had
victimized them.

Rounds in turn complained to Mowad and other FWS OLE managers about
Prieksat's demeanor in using heavy-handed law enforcement techniques and
informed the FWS OLE managers that they either demote or transfer Prieksat,
or he would order South Dakota Game Wardens to stop enforcing federal game
laws.

In December 2007 U.S. District Judge Charles Kornmann threw out


Gilkerson's earlier conviction for possessing untagged geese. In dismissing the
case the judge ordered the government to refund any fines and other costs that
Gilkerson had paid 293 .

288
One of her daughters. Stacey Pieters is the Budget Analyst for (404.679.7314) who works for SAC
Luis Santiago in Atlanta, GA; 404.679.7043.
289
It was Pieters ineptness that allowed Riely to steal two (2) firearms that belonged to the FWS
OLE.
290
Prieksat resides at 420 South 15 th Street, Fort Calhoun, NE 68023; 605.945.2565.
291
At the time Prieksat was the RAC of Nebraska. North Dakota and South Dakota.
292
https://thelede.blogs.nytimes.com/2007/05/25/governor-vs-game-warden-in-south-
dakota/?_r=0
293
http://refugeforums.com/refuge/threads/judge-throws-out-verdict-against-gamc-
processor.585781 /

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Rather than demoting his friend, in October 2009 at the age of fifty-three (53)
Mowad moved Prieksat from his duty station in Pierre SD to Omaha, NE, where
his relatives and familylive 294 . Subsequent to moving to Nebraska, Prieksat
became a lame duck that didn't have to work as he approached the end of his
career. And despite becoming the Chief of the FWS OLE on March 7, 2011,
Woody was comfortable in keeping yet another unethical and ill-tempered
employee on the payroll of the FWS OLE 295 .

Deputy Resident Agent in Charge (DRAC} Jason Cole Rilev296 : Sometime in


the early nineties Riley's father Thomas W. "Butch" Riley 297 298 made
arrangements to have his son Jason Cole Riley placed into the SCEP program.
Butch Riley saw to it that his son was looked after, by placing him in Portland,
OR under the watchful eyes of his buddies Chang and Perez. As a friends and
family member, Jason Riley was subsequently selected to become a SA by his
father's SAC selection committee, over more qualified candidates, to include
veterans. Unlike his SA classmates who were not part of the FWS OLE clique
and who were banished to work in expensive urban cities, the likes of Detroit,
Houston, Miami and New York, Riley was coddled and stationed in bucolic
Albuquerque, NM, where he was protected by another of his father's minions,
Chavez.

DC Riley is a close friend and hunting buddy of Lt. Col. Charlie Clark299 of the
Louisiana Department of Wildlife and Fisheries (Baton Rouge, LA). Riley would
routinely go hunting with Clark and his son Stephen Anthony Clark300 in the
vicinity of the senior Clark's home of Abita Springs, LA.

Although Clark wasn't the sharpest tool in the shed, Riley hired Clark to become
a SA in 2001. This arrangement more than solidified Riley's relationship with the
senior Clark and Riley would routinely travel at the government's expense from
Georgia to Louisiana at a whim to go hunting.

In December 2001, while attending the SA Basic School at the FLETC, Clark
and SA Rory Maxwell Stark301 were caught cheating on an examination.
Despite overwhelming physical evidence (matching answers on the test) and the

294
http://rapi dcityj ournal.com/news/1 ocal/controversial -game-warden-nobody-chased- me-out-of-s-
d/article_2d544684-bdbb- l l de-8c7b-00 I cc4c03286.html
295 Prieksat retired in January 2014.
296
Riley resides at 1902 Vineyard. Tallahassee FL 32317; 850.309.1962.
297 DC Riley retired in 2004.
298
DC Riley splits time between his residence at 324 Woods, Tavernier. FL 33070; 305.304.7540 and
3449 Williamsport Pike, William~port. TN 38487.
299 Lt. Col. Clark retired in 2005.
100
Stephen Anthony Clark resides at 47070 Oak Creek Terrace, Hammond, LA 70401:
985.956.7336.
,01 Stark has a Juris Doctor degree.

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 94 of 103

testimony of the proctors, Riley and Adams chose to ignore the evidence and
the two candidates were allowed to graduate.

Just like Jason Riley, Clark and Stark received the friends and family
accommodations with Clark being initially stationed to his home state in Slidell,
LA, while Stark was allowed to return home to Anchorage, AK.

DC Riley retired from the FWS OLE in March 2004. His penultimate assignment
was in the capacity of the DC in Arlington, VA. As the second in line for the
FWS OLE, Riley orchestrated for a government-expensed move to Atlanta, GA,
so he could finish out his career to retire in Atlanta, GA ,as the SAC for
Southeast Region. Riley was best known for being and a backup linebacker who
rarely played for the 1969 Baltimore Colts and as a big game/waterfowl hunter. In
the early eighties Riley had ingratiated himself as the FWS OLE point man for
the Safari Club International Foundation (SCIF).

For some twenty-five (25) years, Riley would attend the annual SCIF
conventions in furtherance of securing post retirement employment with the
organization. On January 29, 2004, the SCIF hired Riley to become the Chief
Executive Director. For this the FVVS OLE paid a King's Ransom, for Riley
throughout his career was a mole for the SCIF, an organization whose members
were vigorously investigated by the FWS OLE, and which resulted in many of its
members to be convicted felons.

In February 2004, SA Rick Giovengo reported to Adams, Gale and Pruszenski


that Riley had absconded with two (2) Service issued firearms that belonged to
the FWS OLE, at the time of his retirement. After the trio rebuffed Giovengo he
contacted the DOI OIG. A March 13, 2007 DOI OIG report titled, United States
Fish and Wildlife Service Office of Law Enforcement
(Report Number PI-EV-FWS-0003-2006), disclosed the following:
• In November 2006, after the DOI OIG learned that the two (2) missing
firearms were attributed to Riley, DOI OIG investigators visited Riley to
inquire about the firearms. The DOI OIG investigators were later told by a
FWS OLE official that within an hour of the interview Riley-had contacted
the FWS OLE to make arrangements to return the firearms. The fact that
those weapons were out of FWS OLE custody, with senior management's
knowledge, for nearly three (3) years was unacceptable.
• When DOI OIG investigators asked a senior FWS OLE manager why
Pieters did not act upon the complaint, the senior manager stated that
property management was only one of Pieters' many job responsibilities.
This was representative of the FWS OLE's total lack of urgency to recover
the firearms, as any missing firearm poses a potential risk to public safety
and creates a liability for FWS-OLE.
• In centralizing its inventory process in 2003, the DOI OIG were told that

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 95 of 103

302
the FWS-OLE Training and Inspection Branch found that their firearms
inventory was completely unreliable and identified seventy-one (71)
firearms that were either missing, lacked supporting documentation, or
were otherwise not accounted for.

On June 21, 2005, a FWS OLE SA in Houston, TX provided the DOI OIG with
information that alleged that FWS officials had inappropriately conferred
Designation Port status to the Port of Houston Texas. On May 15, 2006, DOI
OIG inspector General Earl E. Devaney made his investigative findings public,
as follows:
• In September 2002, DC Riley traveled to Russia to participate on SCIF
financed bear-hunting trip with billionaire Dan Duncan and several other
SCIF members.
• Although Duncan was not indicted, his guide Robert Kern 303 who led the
group on the September 2002 hunting trip was indicted by a federal grand
jury in Houston, TX, for importing antlers and horns he allegedly knew
were obtained illegally, all in violation of the Lacey Act.
• Duncan and at least four (4) others hunted and killed moose and sheep
while flying in a helicopter. Although Riley purportedly was the only hunter
who did not shoot while hovering, Riley failed to report the violations to
either the Russian or FWS OLE investigators. Hunting from an aircraft is
illegal in Russia and the United States. At the time Duncan was
considered the wealthiest man in Houston, TX and ranked 85th on Forbes'
worldwide list of billionaires, with an estimated net worth of $8.2 billion.
• The 2002 trip was made well known to the world of big-game hunters.
Taxidermist Mike Simpson (Conroe, TX) went on the trip with his son
Travis Simpson. The younger Simpson was the videographer for the
trip, and he later wrote an article about the hunt in the January/February
2003 issue of Safari, a magazine published by the SCIF. Pictures from the
hunt were also published in Orvis, a quarterly magazine for sheep hunters.
• The trip also stood out because of the caliber of the hunters. Riley was on
the trip with Mexican businessman Hubert Thummler, who started
hunting in Africa at the end of the Golden Age. In June 2008 the grand jury
found the Simpsons and Thummler not guilty.
• Riley also violated federal law 304 when he didn't claim the trip as income
on his annual onyearly Executive Branch Confidential Financial
Disclosure Report (Form 450).

302
During this time period both SAC Pruszenski and SAC Gale where in charge of the Training and
Inspection Brunch.
303
Kern was based out of Berryville, VA. In documenting the hunting trip Kern wrote an article titled,
The Hunting Consortium (http://huntingconsortium.com) organized the September 2002 hunting
trip toSiberia.
:io4 On July 18. 2007, Duncan voluntarily appeared before a grand jury in Houston. He answered
questions regarding his 2002 Russia hunt wherein he shot and killed a moose and a wild sheep from
a helicopter, which was illegal under Russian law. Although Duncan admitted to shooting the wildlife
from the helicopter, Duncan claimed he did not know that his actions were illegal. On September 12.

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• Unbeknownst to the FWS OLE in of May 2003, Riley also provided a copy
of an official FWS OLE investigative report 305 to Rick Parsons, the
Director of Governmental Affairs for the SCIF. The investigative report
that was prepared by SAC McDonald 306 disclosed that McDonald was
favorably inclined to confer Designated Port status upon the Port of
Houston Texas 307 , and which would eventually enabled the wealthy SCIF
members who resided in Houston the ability import foreign wildlife trophy
shipments directly into Houston, TX. The DOI-OIG subsequently
investigated Adams, McDonald and David Smith, Deputy Assistant
Secretary, Fish, Wildlife and Parks 308 .
• McDonald was forced to resign in September 2006, before his mandatory
retirement date of June 30, 2009. While Adams would resign on October
15, 2006, before his mandatory retirement date of November 30, 2008.
• Once the DOI OIG report became public knowledge, Riley had no choice
but to resign from the SCIF, effective September 30, 2006. Where he
decamped to the Ocean Reef Yacht Club (http://www.oceanreef.com) in
Key Largo, FL, one of the wealthiest gated communities in the United
States. Even considering Riley's generous federal annuity, he most likely
received many other additional inducements from the SCIF while working
at the FWS OLE.

Riley most certainly faired better than retired NPS SAC Paul Henry who
converted a Sako rifle, a Browning rifle, and fifteen Sig Sauer ammunition
magazines from the NPS upon hisretirement.

The DOI OIG initiated an investigation upon receipt of a complaint that a U.S.
Park Police Sako rifle reported stolen several years ago, had been located by the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) at a pawnshop in
Georgia. The pawnshop records indicated that Henry had pawned the rifle. The
DOI-OIG investigation concluded that during Henry's tenure at the FLETC, he
stole a Sako rifle, a Browning rifle, and fifteen Sig Sauer ammunition magazines.
On March 2, 2009, Henry pied guilty to theft and was sentenced to 30 days of
home confinement, two years of probation, and a fine of $750.

In 2011, his father's old buddy Gale, promoted Jason Cole Riley to become the
DRAG in Tallahassee, FL, over more qualified individuals. Unfortunately the FWS
OLE is stuck with Riley until 2030, when he turns fifty-seven.

2007, Duncan's attorney reported that the grand jury had declined to bring charges against Duncan
and other hunters who had been on the trip.
,o, The documents disclosed that Riley had tasked McDonald to perform a perfunctory investigative
study that would favorably confer Designated Port Status to the Port of Houston Texas.
106 At the time McDonald was SAC for the Southwest Region
307
011 January 5. 2005 the FWS made Hou~ton. TX a designated p011.
,us Facing termination. Giovengo resigned in June 2009. Giovengo is currently employed by the Lockheed
Mart in Corp.@ 843-740-6627. Hi,, email address ic, Rick. D.Giovengo@uscg.mil

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 97 of 103

At the expense of other less connected FWS OLE SAs, Riley and Gale spent six
figures for Clark to obtain his pilots license. In deference to Clark's
Giglio-Henthorn issues, Gale and Woody promoted Clark to the RAC position in
Lacombe, LA. Sometime in 2014 Woody transferred Stark to headquarters and
promoted him a SSA desk officer position at headquarters. Then in May 2015,
Woody again promoted Stark, this time to become the ASAC in Anchorage, AK.

ASAC Patricia L. Rogers 309: In the late eighties the married SAC Adam
O'Hara 310 was having an affair with Rogers who was his secretary at the time.
When the affair eventually soured, Rogers filed an EEOC complaint that resulted
in her becoming a SA, despite not having any prior wildlife or law enforcement
experience. Rogers retired in 2015, but not before Woody made her the ASAC
for FWS OLE Portland.

SA Robert David Romero31 \Romero was the FWS OLE RAC in Wilsonville,
Oregon when he married FWS OLE SA Kathryn Terese Looney who working in
Mesa, AZ. Subsequent to the couple getting married, Perez authorized the FWS
OLE to create a job for Looney in Wilsonville, OR when there was none before,
as well as to pay for her to move from Arizona to Oregon.

When the couple decided that Oregon wasn't a good state to start and raise a
family, Woody moved the couple back to Arizona at government expense, where
Romero took a non supervisory position at the FWS OLE Mesa RAC Office, and
his wife took a leave of absence. Although Romero's mandatory retirement date
is a distant October 31, 2025, upon arriving in Arizona Romero has mentally
exited the workforce.

RAC David N. Sykes 312 : Sykes had previously worked as a SA for the USSS,
however once he became dissatisfied with their rigorous travel schedule he
began seeking employment with other federal agencies.

The FBI was but one of several federal agencies Sykes applied to. During his
pre-employment applicant investigation with the FBI Sykes failed the polygraph
examination, when the polygraph examiner determined Sykes had committed
perjury when he was a police officer with the Portland Maine Police Department.
More specifically, Sykes and his partner had arrested an individual who was
intoxicated and Sykes admitted to the FBI polygraph examiner that he and his
partner used excessive force in arresting the subject, so much so that the subject
had visible wounds throughout his body. Sykes further conceded when the trial

1 11
' 'Rogers resides at 18375 South Gras le Road. Oregon City, OR 97 045: 50 3.956.88 04.
w, O'Hara resides at 1555 River Road, Dill town. PA 15929; 814.446.5938.
311 The Romero's currently live at 583 Bridgeport, Gilhcrt. AZ 85295; 480.857.727 l.

' Sykes reside~ at 24 Fletcher Road. Lynnfield, MA OI 94 O; 78 .334.2414.


1
:

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Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 98 of 103

took place, the defense put him and his partner on the witness stand and they
both lied under oath to both gain a conviction and in furtherance to avoid being
prosecuted for using excessive force.

Sykes is yet another Giglio-Impaired SA who Woody promoted to the position of


the RAC of the FWS OLE office in Chelsea, MA. Moreover as a Giglio-Impaired
SA, Sykes continues to testifying in court, and being an affiant in arrest and
search warrants.

DC Juliana B. Scully 313 . While residing in Atlanta Georgia sometime in 1995,


Scully was the subject of a civil litigation for harassing a woman she was having
relations with.

In 2007, Scully became the FWS OLE DC at headquarters when she became
involved in a road rage incident wherein she brandished her Service issued
firearm. In an ensuing background investigation, DOI OIG investigators
established Scully had concealed and lied about the matter in an official
administration investigation. Despite being a Giglio-Impaired SA FWS OLE
Woody didn't terminate Scully.

Rather, Woody made Scully his Special Assistant, and he pawned her off to the
DOI Office of Law Enforcement and Security Division, rather than removing her
from her law enforcement position. Moreover, Woody overlooked that Scully
wasn't compliant in managing her type-1 diabetic condition as she is a heavy
drinker, all in violation of the DOI Law Enforcement Medical Standards.

Moreover as a Giglio-Impaired SA, Woody made Scully a delegate on the


19th Annual Trilateral Committee for Wildlife and Ecosystem Conservation and
Management. As a delegate Scully attended the meeting in Queretaro, Mexico.

SA James Dean Stinebaugh 314r Stinebaugh is the son of retired RAC James
Melton Stinebaugh 315 . Prior to retiring in 2000 the elder Stinebaugh
316
used his
political influence in Texas and within the FWS OLE to have his son initially hired
by the FWS OLE as a WI in the Pacific Region and ultimately as a SA in 2001.

Subsequent to retiring in 2001, the elder Stinebaugh became the Director of


Law Enforcement for the TPWD.

31; While working at the FWS OLE headquarters. Scully (DOB: October 16, 1963) resided at 1633

Taylor Street, Arlington, VA 22204; 703.979.0888. Upon retiring Scully moved to 1130 Jacaranda
Ave .. Daytona Beach. FL 32118.
314 James Dean Stinebaugh resides at 1826 Ranch Trail, Magnolia. TX 77354; 936.321.4635.

315 James Melton Stinebaugh resides at 105 County Road #4773, Castroville, TX 78009;

830.931.3724.
316 In 2001, Stinebaugh was hired as the Law Enforcement Director of the Texas Parks and Wildlife.

82
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 99 of 103

RAC Kim W. Speckman 317• In 2007, Pruszenski moved his close friend RAC
Kim W. Speckman at government expense from Baltimore, MD to Fairbanks,
AK, with the understanding she would retire within fourteen (14) months, which
she did in December2008.

RAC Leo R. Suazo 11 318 : Grosz hired Suazo despite Suazo only having a GED.
Suazo is a sort of gregariously clueless person who operates completely without
self-awareness and was so fun to be around, he was routinely forgiven for an
endless litany of indiscretions, such as swearing like a drunken sailor during the
course of his undercover contacts with subjects of the investigation . As an
accommodation, Grosz made arrangements for the Migratory Bird Office to hire
Suazo's wife Janell Suazo 319 .

Despite merely having a GED and having a limited ability to read and write
investigative reports in English, Woody promoted Suazo to be the RAC of the
Branch of Special Operations 320 .

Throughout his entire career with the FWS OLE, Grosz and RAC George W.
Morrison Jr. 321 allowed Suazo to reside at 131 Blackbird Drive, Bailey, CO
80421, a fifty-five (55) mile one and a half hour drive, on a mountainous single
lane road to his office at the Rocky Mountain Arsenal National Wildlife Refuge 322
Upon retiring Suazo bragged how he went through seven (7) government
vehicles without getting ever getting into an accident, and his daily commute was
the most difficult undertaking of his entire career.

While working on government time and as representatives of the FWS OLE


Suazo and Webb solicited donations from Cabela's Sporting Goods in the form
of clothing and equipment for distribution to game wardens in Africa. However,
not all the equipment wound up in Africa. Instead they misappropriated many of
the articles for themselves, their family members and their FWS OLE colleagues,
without the knowledge of FWS OLE managers or representatives of Cabela's
Sporting Goods.

31 " Speckman resides at 511 Heming Road, Fairbanks, Fairbanks. AK 99712: 907.443.2362.
31 XSuazo resides at 131 Blackbird Drive, Bailey. CO 80421; 303.816.2876
3 " Like her husband. Janell Suazo was a high school graduate. But as politics would have it, she was

promoted to a supervisory position at the Migratory Bird Permit Office. located at 134 Union Blvd.
Lakewood. Colorado 80228.
:i20 Suazo retired in January 2015.
321 Morrison was unable to make Suazo move becau:sc he resided at 14950 Wand crest, Pinc. CO

804 70 (303.816.1395 ). which was just as far from the Rocky Mountain Arsenal National Wildlife
Refuge. Like Chavez and Suazo, Morrison highest level of education is high :-,chool.
322 Although it wasn't in the best interest of his on job performance, Suazo made a detour to drive his

wife to and from her office in Lakewood. CO.

83
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 100 of 103

SA Roger Allen Turnell Jr. 323; Although Turnell dresses and acts like a
homeless person, Woody promoted Turnell, making him the FWS OLE training
instructor/agency representative at the NCTC.

FWS OLE Utah Mafia:

Perhaps it would be worth talking to Graves, Stoinski and Craig Tabor 324 as
they all had previously worked for Woody at the at the UNDR. After all, to
paraphrase Stoinski the trio worked at the department during the heady go-go
days when Woody made drinking and skirt chasing at the UNDR the cultural
norm.

When the FWS OLE hired Tabor in the late nineties the FWS OLE needed to
hire individuals who had the ability to read, write and speak Spanish. When
Tabor was initially hired he was posted to Forth Worth, Texas, but the FWS OLE
quickly learned that he wasn't bilingual and he had falsified his application
(SF-171 ).

Notwithstanding Tabor's character flaws in October 2015, Woody selected


Tabor to attend a Wildlife Trafficking Conference in Bangkok, Thailand over
more highly qualified and deserving SAs. Woody also selected Tabor to attend a
Wildlife Trafficking Conference at the Taipei Zoo in Taipei, Taiwan in May 2016.
Woody further elected Tabor to attend a third conference at the Serengeti
National Park, but this was a government paid pretext trip for a personal trip
Tabor had previously scheduled to the Murchison Falls National Park in Uganda.

The NACLEC was established 2012, in conjunction with the FWS OLE, as a
nationwide academy which beginning in 2012 was staged on an annual basis
at the NCTC. In 2012 Rich D. Olson 325 was the Captain for the UNDR when he
was selected to attend the inaugural academy along with his mentor Woody.
Like his colleagues with the FWS OLE, Olson 326 knows a thing or two about
nepotism in using his position to get his son Brandon R. Olson an appointment
as a game warden with the UDNR.

323 Prior to moving to Georgia Turnell resided at 1645 Emerald San Diego. CA 92 l 09:
949.355.6449.
324 Tabor upon graduating the Stephen F. Austin State University, married Lynnisa G. Fraser on

August 14. 1982. By May I, 1984 the couple were divorced because of Tabor's infidelity. Although
Tabor married his second wife Leslie Ann O'Neal on July 26, 1988. he continued to pursue affairs as
he moved from Idaho, to Illinois, to Virginia and Florida. Perhaps these affairs of the heart are in
response to Tabor's suffering from short man's "yndrome. in a futile attempt to gain recognition from
others and to compensate for his abnormally short stature. When Tabor (DOB: May 27. 1963) was
the de:-.k officer at headquarters he resided at 16004 Barn Swallow. Woodbridge, VA 2219 I;
208.571.9960.
325 Rick D. Olson resides at 4460 South 4575 West, West Haven. UT 84401; 801.731.7900.

326 Brandon R. Olson resides at 2300 South 500 111 Street, East, Heber, UT 84032; 801.217.3912.

84
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 101 of 103

At this time, Brandon R. Olson, age 32 is on the cusp of being hired by Woody
as a SA for the FWS OLE, but for the fact the current administration has
implemented a federal hiring freeze.

Conclusion:

To us, the USS Franklin 327 represents a cautionary tale about the scourge of
toxic leadership, wherein the admirals want their officers to leave the Navy in a
place better than they found it. Toxic leaders like Woody and Lauro leave the
place worse than they found it. They put themselves ahead of the institution, and
they deploy leadership and management tactics that advance their personal
interests, even at the expense of colleagues or subordinates.

We known toxic leaders. So if you have ever worn a military uniform, you realize
they appear from time to time, often as ship captains 328 . Why them in particular?
It's been said a ship captain is the world's last absolute monarch once the ship is
under way 329 . And like any absolute monarch, the skipper can be tyrant if he
rules in his selfish interest rather than the common good. He can abuse his
authority in an effort to get ahead.

One reason that toxic leadership persists in the military is because performance
is evaluated in a top-down fashion. In a military chain of command, this means
that toxic leaders can keep their subordinates under their thumbs and they are
also pretty good at currying favor with their superiors. Hence, toxic leaders
remain in place and are even promoted, despite their toxic ways. A new
bottom-up evaluation procedure that enables subordinates to evaluate their
supervisors in the FWS OLE would help.

Enter Captain Leslie E. Gehres, who assumed command of the USS Franklin
in the South Pacific on the heels of the October 1944 Japanese kamikaze strike,
and who caused many more sailors to die on his watch. History repeats its self
as with the recent collision of the USS Fitzgerald, a guided missile destroyer
with a cargo vessel off the waters of Japan. Just like Gehres, Woody and Lauro
come off looking like they're operating with blindfolds on, desperately trying to
find their way, following in the footsteps of their nefarious predecessors.

Toxic leadership is a combination of self-centered attitudes, motivations, and


behaviors that have adverse effects on subordinates, the organization, and
mission performance. This leader lacks concern for others and the climate of the
organization, which leads to short and long-term negative effects. The toxic
leader operates with an inflated sense of self-worth and from acute self-interest.

327
The USS Franklin was badly damaged by a Japanese air attack in March 1945, with the loss of
over 800 of her crew, becoming the most heavily damaged United States carrier to survive the war.
328 Aloise was a Marine Captain.
329
In the FWS OLE it's the Chief and his SAC's.

85
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 102 of 103

Toxic leaders consistently use dysfunctional behaviors to deceive, intimidate,


coerce, or unfairly punish others to get what they want for themselves. Prolonged
use of negative leadership to influence followers undermines the followers' will,
initiative, and potential and destroys morale.

Why than do Lauro and Woody continue to employ Giglio-Impaired law


enforcement officers, to include hiring individuals who are illegally employed as a
byproduct of nepotism? Employees who have withheld negative information
about themselves in order to pass suitability/security investigations. Employees
who cheat on their spouses and who misuse GOV; and then allows these
Giglio-Impaired SAs to conduct criminal investigations, act as an affiant on
search warrants/execute search warrants, or testify before a federal grand jury or
in a federal courtproceeding.

The DOI OIG has made it a point to speak to our SAs during the annual FWS
OLE In-Service Refresher Training Sessions. These talks have alternated from
the scared-strait program for corporate white collar professionals, to the
importance of ethics and integrity in the law enforcement culture. It does not
suffice for management to give proforma admonitions to their subordinates to
behave honestly when their examples in themselves show a total disregard for
personal integrity.

Former Secretary of Interior Jewell called the Bunkerville, Nevada standoff the
worst moment of her tenure 330 . Then after the October 27, 2016 announcement
of the acquittal of Ammon Bundy et al., she warned her DOI employees to take
care of yourselves and remain vigilant.

What Secretaries Jewel and Zinke failed to recognize was this Sagebrush
Rebellion was a self-inflicted blow brought about by William Charles Woody,
and Salvatore Lauro. During their rein Woody and Lauro have hired, promoted
and retained a number of unethical, incompetent and unprofessional
Giglio-Impaired law enforcement officers. These unscrupulous law enforcement
officers will bring even more challenges and further uncertainty to the DOI, with
the recent creation of the Bears Ears National Monument, the Gold Butte
National Monument and the expansion of the Cascade-Siskiyou National
Monument, all which requires the trust of the public.

The Secretary of the DOI needs to begin reviewing the DOI law enforcement
hiring practices and we encourage you to look at the unethical root causes of
allegations enumerated within, to include those law enforcement officers who are
medical unable to perform the essential duties of their position due to their
physical limitations.

Action and transparency is the key to earning the public's trust. This is an
opportunity for the DOI to improve employee moral and to build back the trust of

,io Washington Post article authored by Kevin Sullivan and Juliet Eilpcrin dated November 2, 2016.

86
Case 1:18-cv-00162-SPW-TJC Document 1-6 Filed 11/13/18 Page 103 of 103

the public by Draining The DOI Swamp of those corrupt and unscrupulous DOI
Gi2glio-lmpaired law enforcement officers.

From 1973 to the present a mere seven hundred SAs have worked for the FWS
OLE. However, the allegations listed herein suggest that the scope of the
impropriety and the malfeasance is unprecedented for such a small workforce.
And who knows what additional transgressions will be exposed under further
examination?

Federal Wildlife Officers Association


SLM OLE Special Agents

87
Case 1:18-cv-00162-SPW-TJC Document 1-7 Filed 11/13/18 Page 1 of 3
Case 1:18-cv-00162-SPW-TJC Document 1-7 Filed 11/13/18 Page 2 of 3
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Montana State Office
5001 Southgate Drive
In Reply Refer To: Billings, Montana 59101-4669
www.blm.gov/montana-dakotas
1278 (MT954.LC) October 23, 201 7
BLM-2018-00107
MT-2018-13

CERTIFIED MAIL 7016 1370 0001 2579 3422


RETURN RECEIPT REQUESTED

Mr. Christopher Kortlander


Custer Battlefield Museum
Town Hall, P.O. Box 200
Garryowen, Montana 59031-0200

Dear Mr. Kortlander:

The Bureau of Land Management (BLM), Montana State Office received your undated Freedom
oflnformation Act (FOIA) request on October 19, 2017. Your request has been assigned FOIA
control number BLM-2018-00107. Please cite this number on future correspondence concerning
your request.

In your request, you seek:

Records regarding the investigation of Mr. Robert W. Weaver.

You also request a fee waiver and state a willingness to pay up to $100. 00 if your fee waiver is
not granted. A decision will be made on your fee waiver request within the next 20 workdays.

We have classified you as an "other use" requester. As such, we may charge you for some of our
search and duplication costs, but we will not charge you for our review costs. You are also
entitled to up to 2 hours of search time and 100 pages of photocopies (or an equivalent volume)
for free. If, after taking into consideration your fee category entitlements, our processing costs
are less than $50.00, we will not bill you because the cost of collection would be greater than the
fee collected.

We use Multitrack Processing to process FOIA requests. The Simple track is for requests that
can be processed in 1 to 5 workdays. The Normal track is for requests that can be processed in
6 to 20 workdays. The Complex track is for requests that can be processed in 21 to 60 workdays.
The ExceptionalNoluminous track is for requests requiring more than 60 workdays for
processing. The Expedited track is for requests that have been granted expedited processing.
Within each track, requests are usually processed on a first-in, first-out basis. Your request falls
into the Complex processing track. Please be aware we have 12 pending FOIA requests in the
Complex processing track that were filed prior to your request.
Case 1:18-cv-00162-SPW-TJC Document 1-7 Filed 11/13/18 Page 3 of 3

We will advise you on the status of our response to your request within 20 workdays if we
anticipate a delay. Unusual circumstances may warrant an extension. In the meantime, if you
have questions, please contact me at (406) 896-5157; Lynnell Cellmer, Records Management
Specialist, at (406) 896-5381; or by email at blm_mt_foja@b1m.gov.

Sincerely,

Deborah M. DeBock
State FOIA Coordinator
Case 1:18-cv-00162-SPW-TJC Document 1-8 Filed 11/13/18 Page 1 of 3
Case 1:18-cv-00162-SPW-TJC Document 1-8 Filed 11/13/18 Page 2 of 3
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Montana State Office
5001 Southgate Drive
In Reply Refer To: Billings, Montana 59101-4669
www.blm.gov/montana-dakotas
1278 (MT954.DD) December 12, 2017
BLM-2018-00107
MT-2018-13

CERTIFIED MAIL 7017 1450 0002 0089 2075


RETURN RECEIPT REQUESTED

Mr. Christopher Kortlander


Custer Battlefield Museum
Town Hall, P.O. Box 200
Garryowen, Montana 59031-0200

Dear Mr. Kortlander:

The purpose of this letter is to provide you with an update on the status of your Freedom of Information
Act (FOIA) request submitted to the Bureau of Land Management (BLM), Montana State Office and
received on October 19, 2017; FOIA control number BLM-2018-00107.

In your request, you seek:

Records regarding the investigation of Mr. Robert W. Weaver.

As yet, we have been unable to make a determination on your request. We have completed an initial
review of the records responsive to your request. We will conduct a second review and then coordinate
with the Office of the Solicitor. Since we have numerous FOIA requests filed prior to your request, it is
our policy to process FOIA requests on a first in/first out basis. Therefore, it may be a couple of months
before we have our final response released to you.

We apologize for this delay. Although we hope that you will wait so that we can complete our review
process, please note that you may seek dispute resolution services from our FOIA Public Liaison, Ryan
Witt, BLM FOIA Officer, at (202) 912-7562 or email at rwitt@blm.gov.

You may also seek dispute resolution services from the Office of Government Information Services
(OGIS). If you choose to contact OGIS, you may do so in any of the following ways:

Office of Government Information Services


National Archives and Records Administration
8601 Adelphi Road- OGIS
College Park, MD 20740-6001

E-mail: ogis@nara.gov
Web: https://ogis.archives.gov
Telephone: 202-741-5770
Fax: 202-741-5769
Toll-free: 1-877-684-6448
Case 1:18-cv-00162-SPW-TJC Document 1-8 Filed 11/13/18 Page 3 of 3

You may also file an appeal with the Department of the Interior's (Department's) FOIA/Privacy Act
Appeals Officer regarding this delay. lfyou choose to appeal this delay, you may do so anytime between
now and the date we make our determination on the FOIA request. Appeals arriving or delivered after
5 p.m. Eastern Time, Monday through Friday, will be deemed received on the next workday.

Your appeal must be made in writing. You may submit your appeal and accompanying materials to the
FOIA/Privacy Act Appeals Officer by mail, courier service, fax, or email. All communications
concerning your appeal should be clearly marked with the words: "FREEDOM OF INFORMATION
APPEAL." You must include an explanation of why you believe the BLM's response is in error. You
must also include with your appeal copies of all correspondence between you and the BLM concerning
your FOIA request, including your original FOIA request and BLM's response. Failure to include with
your appeal all correspondence between you and the BLM will result in the Department's rejection of
your appeal, unless the PO IA/Privacy Act Appeals Officer determines (in the FOIA/Privacy Act Appeals
Officer's sole discretion) that good cause exists to accept the defective appeal.

Please include your name and daytime telephone number (or the name and telephone number of an
appropriate contact), email address and fax number (if available) in case the FOIA/Privacy Act Appeals
Officer needs additional information or clarification of your appeal.

DOI FOIA/Privacy Act Appeals Office Contact Information

Department of the Interior


Office of the Solicitor
1849 C Street, N.W. MS-6556 MIB
Washington, DC 20240
Attn: FOIA/Privacy Act Appeals Office

Telephone: (202) 208-5339


Fax: (202) 208-6677
Email: FOIA.Appeals@sol.doi.gov

We regret the delay and appreciate your consideration. For more information on FOIA Administrative
Appeals, you may review the Department's FOIA regulations at 43 C.F.R. Part 2, Subpart H. In the
meantime, if you have questions, please contact Debbie DeBock, State FOIA Coordinator, at (406)
896-5157; Lynnell Cellmer, Records Management Specialist, at (406) 896-5381; or by email at
blm__mt_Joia@blm.gov.

Sincerely,

Sandra S. Leach
Deputy State Director
Division of Resources, Planning and Fire
Case 1:18-cv-00162-SPW-TJC Document 1-9 Filed 11/13/18 Page 1 of 2
Case 1:18-cv-00162-SPW-TJC Document 1-9 Filed 11/13/18 Page 2 of 2

Christopher Kortlander
Custer Battlefield Museum
Town Hall; P. 0. Box 200
Garryowen, MT 59031-0200
May 16, 2018

Deborah M. DeBock
State FOIA Coordinator
Bureau of Land Management - DOI
5001 Southgate Drive
Billings, MT 59101-4669

RE: 1278 (MT954.LC)


BLM-2018-00107
MT-2018-13

Ms. DeBock:
I am in receipt of two letters from your office regarding the above referenced FOIA
request, the 1st dated October 23, 2017, and the 2nd dated December 12, 2017. I note that in your
2nd response you state: "We have completed an initial review of the records responsive to your
request." It has now been more than 6 months since I submitted the FOIA request and given that
you have identified then responsive record.
Your first letter indicates that my request for "a fee waiver request within the next 20
days." Having received no subsequent determination and it was resolved within the 20 day
period prescribed, my request for fee waiver is thus determined to be granted as a matter oflaw.
The COMPLEX track designation you have assigned to this request, sets that "requests
will be processed in 21 to 60 workdays. Noting that it has now been at least 135 days
(http://v.,ww.workingdavs.us/#a20) it appears that the processing window has passed, and that
your response is now past due.
This delay is unreasonable and unacceptable. Therefore this appeal is submitted: That
the above referenced FOIA request be processed immediately without further delay.
Respectfully,

Christopher Kortlander
Cc: Sandra S. Leach, Deputy State Director
Division of Resources, Planning and Fire
Bureau of Land Management - DOI
5001 Southgate Drive
Billings, MT 59101-4669

Department of the Interior


Office of the Solicitor
1849 C Street, N.W. MS-6556 MIB
Washington, DC 20240 Attn: FOIA/Privacy Act Appeals Office
Case 1:18-cv-00162-SPW-TJC Document 1-10 Filed 11/13/18 Page 1 of 3
Case 1:18-cv-00162-SPW-TJC Document 1-10 Filed 11/13/18 Page 2 of 3

Christopher Kortlander
Custer Battlefield Museum
Town Hall; P. 0. Box 200
Garryowen, MT 59031-0200
September 4, 2018
Deborah M. DeBock
State FOIA Coordinator
Bureau of Land Management - DOI
5001 Southgate Drive
Billings, MT 59101-4669

RE: 1278 (MT954.LC)


BLM-2018-00107
MT-2018-13

Ms. DeBock:
I am in receipt of two letters from your office regarding the above referenced FOIA request, the
nd nd
1st dated October 23, 2017, and the 2 dated December 12, 2017. I note that in your 2 response you
state: "We have completed an initial review of the records responsive to your request." It has now
been more than 10 months since I submitted the FOIA request and given that you have identified then
responsive record.

Your first letter indicates that my request for "a fee waiver request within the next 20
days." Having received no subsequent determination and it was resolved within the 20 day period
prescribed, my request for fee waiver is thus determined to be granted as a matter of law.

The COMPLEX track designation you have assigned to this request, sets that "requests will be
processed in 21 to 60 workdays. Noting that it has now been at least 317 days
(http://www.workingdays.us/#a20) since the original submission in October, 2017, it appears that the
processing window has passed, and that your response is now long past due.
This delay is unreasonable and unacceptable. Therefore this appeal is submitted: That the
above referenced FOIA request be processed immediately.

Respectfully,

Christopher Kortlander
Attached previous correspondence:
Request October 12, 2017
BLM 1st reply, October 23, 2017
BLM 2nd reply, December 12, 2017
CSK Appeal May 16, 2018
Case 1:18-cv-00162-SPW-TJC Document 1-10 Filed 11/13/18 Page 3 of 3

cc: Attn: FOIA/Privacy Act Appeals Office


Department of the Interior
Office of the Solicitor
1849 C Street, N.W. MS-6556 MIB
Washington, DC 20240

Office of Government Information Services 877-684-6448


National Archives and Records Adminsitration
8601 Adelphi Road - OGIS
College Park, MD 20740-6001
& via E-mail ogis@nara.gov

Sandra S. Leach, Deputy State Director


Division of Resources, Planning and Fire
Bureau of Land Management - DOI
5001 Southgate Drive
Billings, MT 59101-4669

FOIA Public Liaison - Ryan Witt


rwitt@blm.gov