Tag Archives: US Marshals

Records: U.S. Marshals Used Stingray Surveillance Nearly 6,000 Times

According to newly released records, the U.S. Marshals Service has used cellphone surveillance tools, sometimes known as Stingrays, on the phones of nearly 6,000 suspects. The Marshals Service accidentally confirmed its use of the devices to USA Today during a Freedom of Information Act request for a copy of the agency’s log of cases in which agents had used stingrays.

Truth In Media has written extensively about Stingrays, or cell-site simulators, and how they are being used to track suspected criminals while largely operating without oversight from local, state, or federal authorities. Exactly how the devices operate and what data they collect and/or save has been unknown because of the vast degree of secrecy surrounding the tools.

The Electronic Frontier Foundation describes the Stingray as “a brand name of an IMSI (International Mobile Subscriber Identity) Catcher targeted and sold to law enforcement. A Stingray works by masquerading as a cellphone tower– to which your mobile phone sends signals to every 7 to 15 seconds whether you are on a call or not– and tricks your phone into connecting to it.

In a response to USA Today’s FOIA request, the Marshals Service included an “almost totally censored” spreadsheet listing its Stingray cases. Although the details of the specific cases were blacked out USA Today was able to count the number of entries the agency had made on its log of Stingray uses. The agency described the log in a letter as “a listing of IMSI catcher use.”

USA Today reported:

“The Marshals Service’s surveillance log lists 5,975 cases in which the Marshals Service used stingrays. The agency declined to say what time period the log covered, or where the suspects were arrested. It also declined to identify the suspects, to protect their privacy.”

“Just that sheer number is significant,” American Civil Liberties Union lawyer Nathan Wessler told USA Today. “That’s a lot of deployments of a very invasive surveillance tool.”

“The Marshals Service confirmed its use of the devices to USA TODAY only in the process of trying to keep it secret, rejecting a Freedom of Information Act request for a copy of its log of cases in which agents had used stingrays,” USA Today reported.

The new details make it clear that the U.S. Marshals Service has used the devices more than any other agency. It was recently reported that the New York Police Department used Stingrays about 1,000 times since 2008. It was also previously revealed that the Baltimore Police Department used the technology more than 4,300 times.

This is not the first time the public has learned details of the U.S. Marshals’ cellphone surveillance program. In late 2014, the Wall Street Journal revealed a cell-phone monitoring program operated by the U.S. Marshals Service using small planes. The program involved the Marshals using Cessna planes mounted with cell-site simulators similar to stingrays. These so-called “dirt boxes” are supposed to be used for criminal investigations, but they are capable of collecting data from tens of thousands of people on each flight.

In early March of 2015, it was also revealed that the CIA has been working with the Marshals on the program. Over the last ten years, the U.S. Marshal’s Technical Operations Group worked with the CIA’s Office of Technical Collection to develop the technology. The agencies have spent more than $1 million developing the technology. USA Today reports that the Technical Operations Group instructs agents not to reveal “sensitive or classified information or programs” without approval, unless a court orders them to do so.

“For any sensitive technique, method, source or tool, it only makes good sense that law enforcement would not divulge this information,” William Sorukas, a former supervisor of the Marshals Service’s domestic investigations, told USA Today.

The U.S. Marshals Service has not commented on the findings.

In 2015, the Department of Justice ordered federal agents to begin obtaining search warrants before using stingrays. As of February 2016, several federal agencies are known to be using the devices, including the FBI, the NSA, the U.S. Marshals, the CIA, the IRS, and the ATF.

Did U.S. Marshals Really Arrest a Houston Man for Unpaid Student Loans?

On February 15, Paul Aker appeared on Fox 26 Houston detailing his arrest at the hands of seven U.S. Marshals armed with automatic firearms. Aker told Fox 26 that he was arrested for not paying a $1,500 student loan he received in 1987 from Prairie View A&M University.

The arrest took place on February 18 at Aker’s home in Houston. “They grabbed me, they threw me down,” Aker told the NY Daily News. “Local PD is just standing there.”

Aker was arrested and taken to a federal court in downtown Houston where he said he was faced with a judge, a prosecutor, and a county clerk. Aker told Fox 26 that the prosecutor ended up being a debt collection lawyer.

Aker said he received a “lecture” from the judge about “stealing from the U.S. government.” When Aker asked why the Marshals came in combat gear with weapons drawn, he said he was told it was because he owns firearms.

“It was because they knew I was a registered gun owner. It’s out of control. Out of control. What if they had seen a gun on me? They would have shot me for $1,500 bucks.”

[RELATED: U.S. Students Participate in ‘Million Student March’ Over Debt, Free College]

The Daily News reported that Aker was ordered to pay $5,700 for the loan, including interest. He was also ordered to pay nearly $1,300 to cover the cost of his own arrest. Aker has until March 1, he said, or he would be arrested again.

Isiah Carey of Fox 26 also stated that the U.S. Marshals are planning to serve up to 1,500 warrants to Houstonians who have not repaid their loans.

Aker’s arrest became a viral story on Tuesday afternoon and left many people wondering why the federal government was using armed raids to collect on student debt. Although Aker told the NY Daily News and Fox 26 that he was not contacted once in 29 years about the loan, Yahoo Finance has discovered some discrepancies in his story. 

According to documents obtained by Yahoo, Aker was sued in November 2007 by the federal government for failing to pay more than $2,600 in unpaid federal student loan debt. Records from the U.S. District Court for the Southern District of Texas show that Aker, listed as Winford P. Aker in the complaint, failed to appear in court, leading the judge to rule against him and order him to pay the entire balance by April 17, 2007.

Yahoo reported that a statement from the U.S. Marshals Service claims that Aker repeatedly refused to show up in court after being contacted several times. Aker reportedly told the Marshals he would not appear in court. A few months later, a judge issued a warrant for his arrest and the U.S. Marshals carried it out.

Yahoo wrote, “So, yes, Aker was arrested, but not just because he owed a little student loan debt. He was arrested for disobeying a court order.”

If the Marshals did attempt to contact Aker, they may have been unable to do so because the court record shows a different address than the listing for a “Winford P. Aker” that Yahoo Finance found in the Houston area. The U.S. Marshals Service told Yahoo they made every effort to track him down, “including searching at numerous known addresses.”

Ultimately, the arrest was not made specifically for the failure to pay the student loan but for the failure to appear in court. Still, it seems troubling that a $1,500 debt could lead to an armed raid on one’s home. It’s highly troubling that the U.S. Marshals chose to come with guns simply because Aker was a registered gun owner.

What are your thoughts? At what point does a debt warrant an arrest? Is owning a firearm reason enough to bring armed federal agents to collect a debt?

EXCLUSIVE: Sheriff Stands Up to IRS, Cancels Land Sale

WASHINGTON, February 7, 2015—New Mexico’s Eddy County Sheriff Scott London notified the Internal Revenue Service (IRS) via letter that the sale of county resident Kent Carter’s property is canceled until Carter receives due process of law and his appeal is heard. The certified letter dated February 4 received an immediate response from the Undersecretary of the Treasury’s office. According to the Treasury’s website, however, the public auction is still slated for February 19.

“Many officers have stood up over the years for the rights of citizens being victimized by the federal government,” said Sheriff Mack, founder of the Constitutional Sheriffs and Peace Officers Association, “But Sheriff London is the first one to stand up to the IRS since the early 1990s.” Mack said, “His actions show courage and humility. London is setting a good example for the rest of our sheriffs.”

Approximately ten days before Christmas, U.S. Marshals broke in the door of Carter’s rental property with their guns drawn. The tenant was a young mother with a new baby—home alone while her husband was at work. Sheriff London was called to the property to intervene. He advised the Marshals that Carter’s case was in appeal and he deserved due process. They threatened to arrest London, but he stood his ground and they backed off.

Carter has battled the IRS for decades over taxes on the earnings of his modest construction business. One court document listed his debt at $145,000, a figure Carter says an assessing agent “pulled out of thin air.” Every time he challenged them, his bill would shoot up a few hundred thousand dollars. His legal complaints state that the IRS failed to adhere to its own tax code, did not use proper accounting methods, and that the collection activity was unlawful because no notices of deficiency were given. Carter says his private and confidential information, including his social security number, was filed in public records and given to third parties. The IRS countered that it can publish and disperse the private information of Americans if it is trying to collect their money or property. A judge agreed.

Carter says the IRS is currently claiming he owes $890,000, a figure that “doubled with the stroke of a pen.”

The Taxation & Revenue Department ordered Carter to cease “engaging in business in New Mexico” until his arbitrary tax debt was paid. Carter appealed this injunction on the grounds that it was both unconstitutional and vague, as it deprived him of his right to make a living and also prohibited him from, “carrying on or causing to be carried on any activity with the purpose of direct or indirect benefit.”

“The IRS fabricates evidence against citizens by pulling numbers out of a hat and adding fees,” said Mack, “They wear people down emotionally and financially until they can’t take it anymore. No citizen should ever have to fight the IRS for decades in order to keep his land.”

“The IRS is a lie. The income tax is a lie,” said Carter. “Why should they be able to take anything? They’re worse than the mafia.”

The Carter properties have liens placed against them. A locksmith was instructed to change the locks. The IRS authorized the United States Marshal Service to arrest/evict anyone found on the premises. London, however, physically stood in front of Carter’s gate until the Marshals backed down. A public auction on the front steps of the Eddy County Courthouse is scheduled, but the local county sheriff—trained in the Constitution—resisted.

Carter voluntarily vacated his property and relocated his mobile home to an undisclosed location. “I chose to leave to keep it from escalating to something ugly—like Ruby Ridge, Idaho,” he said. Carter said he advised the Marshals and IRS Agents who publicly claimed he had armed friends on his land, “If there is going to be any violence, it is going to be you who starts it.”

Carter says 100% of his Social Security benefits is seized each month by the IRS, in addition to $2,800 the agency drained from his bank account. Legally, the IRS can take no more than 15% of Social Security benefits.

Mack says banking institutions quiver when faced with the IRS’ gestapo tactics and generally hand over customers’ personal banking information, including access to accounts, without requiring a warrant or even any documentation. He encourages county sheriffs to brief every bank in their jurisdiction to refer inquiries from IRS agents to them.

Sheriff Mack is calling for the IRS to start following the law, including no “random” audits without probable cause, as they violate the Fourth Amendment. He asks them to stop committing crimes and rewarding IRS employees with bonuses for cheating on their personal taxes. “I agree with Senator Ted Cruz and others who say the IRS should be abolished,” said Mack. “It’s time they got off the backs of the American people.”

Carter says he prays daily for wisdom, and that he is surviving to be able to look into his grandchildren’s eyes and tell them he fought for their future and for America.

London is the first Republican to ever be elected sheriff in Eddy County. He distributes Bibles on behalf of Gideon International and met his wife in choir practice.

Justice Department Using Fake Cell Towers On Airplanes, Collecting Data From Countless Cell Phones

According to a new report from the Wall Street Journal, the Justice Department has been operating a surveillance program that uses fake cell phone towers placed on airplanes to collect identifying data from a vast number of cell phones.

In this program, Cessna aircraft operated by the US Marshals Service fly over most of the United States, embedded with small devices called “dirtboxes” by insider sources familiar with the program. The dirtboxes mimic cell phone towers which prompt cell phones to reveal their identifying information and location, including phones with encryption technology. The program has been utilized by the Justice Department and US Marshals Service since 2007.

In September, Benswann.com reported that fake cell phone towers, or “interceptors,” had been discovered near military bases throughout the United States.

The program insiders have said that this program is in place for the purpose of “locating cellphones linked to individuals under investigation by the government, including fugitives and drug dealers, but it collects information on cellphones belonging to people who aren’t criminal suspects.” The individuals providing information about the program said that data from tens of thousands of phones can be collected after one flight.

The sources claimed that the dirtboxes are able to determine which phones belong to suspects, but did not disclose whether or not the data belonging to unsuspected individuals is stored.

These devices bypass requests for location and identifying data from phone companies such as Verizon and AT&T by gathering the information themselves. A spokesman for Verizon said the company was unaware of such an operation, while AT&T and Sprint declined to comment.