ao 106a (08/18) application for a warrant by telephone or

AO 106A (08/18) Application for a Warrant by Telephone or Other Reliable Electronic Means

UNITED STATES DISTRICT COURTfor the

__________ District of __________

In the Matter of the Search of ))))))

(Briefly describe the property to be searched or identify the person by name and address) Case No.

APPLICATION FOR A WARRANT BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS

I, a federal law enforcement officer or an attorney for the government, request a search warrant and state underpenalty of perjury that I have reason to believe that on the following person or property (identify the person or describe theproperty to be searched and give its location):

located in the District of , there is now concealed (identify the person or describe the property to be seized):

The basis for the search under Fed. R. Crim. P. 41(c) is (check one or more):

’ evidence of a crime;

’ contraband, fruits of crime, or other items illegally possessed;

’ property designed for use, intended for use, or used in committing a crime;

’ a person to be arrested or a person who is unlawfully restrained.

The search is related to a violation of:

Code Section Offense Description

The application is based on these facts:

’ Continued on the attached sheet.

’ Delayed notice of days (give exact ending date if more than 30 days: ) is requested under18 U.S.C. § 3103a, the basis of which is set forth on the attached sheet.

Applicant’s signature

Printed name and title

Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 by(specify reliable electronic means).

Date:Judge’s signature

City and state:Printed name and title

District of South Carolina

1316 Misty Lane, Gilbert, South Carolina 29054

1316 Misty Lane, GIlbert, South Carolina

South Carolina

see attachment

✔

✔

18 U.S.C. § 111, 231, 371, 372, 641, 2101

(assaulting a federal agent); (civil disorders), (conspiracy); (conspiracy to impede/assault federal agents); (theft of government property); and (interstate travel to participate in a riot).

see attached affidavit

Carolyn Gale, Special Agent

telephone

02/03/2021

Columbia Shiva Hodges, United States Magistrate Judge

Print Save As... Attach Reset

3:21-cr-00035-MCRI Date Filed 02/05/21 Entry Number 4 of 1

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AFFIDAVIT IN SUPPORT OF A SEARCH WARRANT

I, Carolyn Amber Gale, a Special Agent with the Federal Bureau of Investigation (FBI),

being first duly sworn, hereby depose and state as follows:

INTRODUCTION AND AGENT BACKGROUND

1. I make this affidavit in support of an application for a search warrant for the address

of 1316 Misty Lane, Gilbert, South Carolina 29054.

2. I am a Special Agent with the FBI and have been so employed since October 27,

2019. During my training at the FBI Academy, Quantico, Virginia, and through my experience as

a Special Agent, I have received education in a variety of investigative and legal matters, including

the topics of Fourth Amendment searches and seizures, the drafting of search warrant affidavits,

and probable cause. I am currently assigned to the Joint Terrorism Task Force (JTTF) in the

Columbia Division where I am tasked with investigating terrorism-related crimes. Prior to joining

the FBI, I served as a patrol deputy with the Stafford County Sheriff’s Office in Virginia. I received

a Bachelor’s Degree in Criminal Justice and a Master’s Degree in Criminal Justice—Forensic

Psychology.

3. As a federal agent, I am authorized to investigate violations of the laws of the

United States and to execute warrants issued under the authority of the United States. The

information contained in this affidavit is based on my knowledge of the investigation and

information provided by other law enforcement officers. Because this affidavit is being submitted

for the limited purpose of securing search warrant, I have not included each and every fact known

to me concerning this investigation. I have set forth only the facts that I believe are necessary to

establish probable cause that GIANNAKOS did commit acts in violation of Title 18 U.S.C. § 111

(assaulting a federal agent); 231 (civil disorders), 371 (conspiracy); 372 (conspiracy to

3:21-cr-00035-MCRI Date Filed 02/05/21 Entry Number 4-1 Page 1 of 8

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impede/assault federal agents); 641 (theft of government property); and 2101 (interstate travel to

participate in riot).

4. When I assert that a communication was made on a certain date, I mean that the

communication was made “on or about” that date.

PROBABLE CAUSE

5. In January 2021, multiple media platforms published publicly available articles that

disclosed information about Enrique Tarrio, the leader of Proud Boys1, providing information to

law enforcement to aid in the incarceration of numerous individuals. According to the articles, a

former Assistant United States Attorney (AUSA) indicated that the information Tarrio provided

to authorities led to the prosecution of approximately 13 individuals.

6. On January 27, 2020, the former AUSA contacted FBI Miami to report two “hate”

e-mails she received from unknown individuals. Additionally, the former AUSA reported that the

management of her law firm, had received voicemails from individuals who were upset over her

continued employment with the law firm.

7. On January 28, 2021, FBI Miami was contacted to report a threatening voicemail

received from phone number 803-317-8887. The following is a transcription of the voicemail left

for the former AUSA:

a. “Miss (name known to the FBI), my name’s James. I just wanted you to know that

if anything happens to Mr. Enrique Tarrio, the same thing will happen to you and

your family. I cannot believe you released the CI information, if that’s even true.

1 Proud Boys is an extremist right-wing group that has gained a reputation for leading protests that often turned violent in cities such as Washington, D. C. and Portland, Oregon.


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If anything happens to him, I promise you and your associates will pay for it. You

will be held responsible.”

8. On February 1, 2021, I interviewed the former AUSA, she stated that she was

“terrified” for her safety and the safety of her children. After receiving the threatening voicemail,

the former AUSA ran into a meeting to inform others of how scared she was. Additionally, her

law firm added security cameras for protection, and she has requested Miami Police Department

protect her residence.

9. On January 29, 2021, of the General Counsel for the former AUSA’s law firm

contacted FBI Miami to report additional threatening voicemails that were left on the answering

machines of several other employees. The voicemails were left by phone number 803-317-8887 –

the same number used in the voicemail left for the former AUSA. The following is a list of

voicemails and the content of those voicemails:

a. The law firm’s Orlando office, received the following message:

i. “Yes ma’am, I was trying to get in touch with you to let you know that if

anything happens to Enrique Tarrio because when…(UI)…Miss (name of

the former AUSA) and your associates released his name, then the same

thing will happen to you and your associates. Be safe.”

b. The law firm’s Tampa Office received the following message:

i. “Oh yes ma’am, I am calling to let you know that Miss (name of the former

AUSA) releasing the information on Enrique Tarrio was not only illegal,

but immoral. If anything happens to Mr. Tarrio or his family, the same thing

will happen to you and your associates. Be safe.”

c. The law firm’s Miami office received the following message:


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i. “This message is for you at Carlton Fields. You need make sure that Miss

(name of the former AUSA) definitely prosecuted for releasing the

information…on a CI and that…if anything happens to Enrique Tarrio that

Miss (name of the former AUSA)’s family is in danger and so are you. Have

a good day.”

d. The law firm’s Los Angeles office received the following message:

i. “Hello, I am calling to let you know that one of your associates, (name of

the former AUSA), released confidential information on someone. If that’s

true. If anything happens to Mr. Tarrio, the same thing will happen to you

and your family. Be safe.”

e. The law firm’s Tampa office received the following message:

i. “Hello, I am calling to let you know that one of your associates, (name of

the former AUSA), released confidential information on someone…on an

informant. If that’s true, not only is that illegal, but it’s immoral. If

anything happens to Mr. Tarrio or his family, the same thing will happen to

you and your associates. Thank you.”

f. The law firm’s Tampa office received the following message.

i. “Hello Miss (name of an employee), one of your associates, Miss (name of

the former AUSA), released confidential information on a client. Not only

is that illegal and immoral…but if anything happens to Mr. Tarrio the same

thing will happen to you and your associates. Be safe.”

10. Following the initial call to the former AUSA, FBI Miami submitted an exigent

request to T-Mobile to release subscriber information for 803-317-8887. The records provided


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from T-Mobile indicated Sabrina Cubera of 1316 Misty Lane, Gilbert, South Carolina 29054 is

the subscriber for 803-317-8887. T-Mobile also indicated the phone pinged within two miles of

Cubera’s address on or about January 28, 2021.

11. FBI Columbia conducted database checks and determined that Cubera has a close

associate named JAMES PATRICK GIANNAKOS, JR. Further records checks indicated

GIANNAKOS resides with Cubera on Misty Lane.

12. On February 1, 2021, I called 803-317-8887, a male believed to by GIANNAKOS

answered the number.

13. On February 1, 2021, a Special Agent with the FBI knocked on the listed address

and GIANNOKOS answered the door.

14. A search of GIANNAKOS’ criminal record shows that he has been previously

convicted of Assault and Battery of a High and Aggravated Nature.

15. Surveillance on GIANNAKOS indicates that he is unemployed and spends a large

amount of time at the Gilbert address, while Cubera appears to be employed with Prisma.

16. The Honorable Shiva V. Hodges, found the above paragraphs 5-15 to establish

probable cause and authorized a search warrant – attached and incorporated in here by reference.

Today, February 3, 2021, I along with members of the JTTF, executed the lawful attached search

warrant and in the execution of the search warrant, evidence was found that establishes probable

cause that the individual participated in the capital riots of January 6, 2021. The evidence includes

a Capitol Police Shield and a riot bag containing: map of the District of Columbia metro

transportation system, eye protection, bike helmet, a tactical vest with hard plates, baton, mag

light, masks, and gloves.


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CONCLUSION

23. Based on the information in this affidavit, I respectfully submit there is probable

cause to believe that evidence of a violation of Title 18 U.S.C. § 111 (assaulting a federal agent);

231 (civil disorders), 371 (conspiracy); 372 (conspiracy to impede/assault federal agents); 641

(theft of government property); and 2101 (interstate travel to participate in riot) was and will be

found in the authorized place to be searched as further described in Attachments A and B below.

For these reasons, I respectfully request the Court grant authority for the requested search.

This affidavit has been reviewed by Assistant United States Attorney Jim May.

I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.

____________________________________ Carolyn Amber Gale Special Agent Federal Bureau of Investigation

This 3rd day of February, 2021 Columbia, South Carolina

__________________________________________ SHIVA V. HODGES UNITED STATES MAGISTRATE JUDGE


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Attachment A to Affidavit of Special Agent Carolyn Amber Gale

Places to be Searched The property to be searched is a residence located at 1316 Misty Lane, Gilbert, South Carolina 29054 (SUBJECT PREMISES) and the persons of those found within the SUBJECT PREMISES. This location is a multi-story home with both an upper and a lower porch. There is an attached two car garage on the left hand side of the house. Additionally, there is a concrete driveway with a concrete sidewalk that leads from the driveway to the bottom level porch. The numbers “1316” are on the right side of the bottom level door. A photograph of the SUBJECT PREMISES is below:


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Attachment B to Affidavit of Special Agent Carolyn Amber Gale

Items to be Seized

Property to be seized

1. The items to be seized are fruits, evidence, information, contraband, or

instrumentalities, in whatever form and however stored, relating to violations of Title 18 U.S.C. §

111 (assaulting a federal agent); 231 (civil disorders), 371 (conspiracy); 372 (conspiracy to

impede/assault federal agents); 641 (theft of government property); and 2101 (interstate travel to

participate in riot) (the “Target Offenses”) that have been committed by JAMES PATRICK

GIANNAKOS, JR (“the Subject”) and other identified and unidentified persons, as described in

the search warrant affidavit; including, but not limited

a. Evidence concerning planning to unlawfully enter the U.S. Capitol, including any maps or diagrams of the building or its internal offices;

b. Evidence concerning unlawful entry into the U.S. Capitol, including any property of the U.S. Capitol;

c. Evidence concerning awareness of the official proceeding that was to take place at Congress on January 6, 2021, i.e., the certification process of the 2020 Presidential Election;

d. Evidence concerning efforts to disrupt the official proceeding that was to take place at Congress on January 6, 2021, i.e., the certification process of the 2020 Presidential Election;

e. Evidence relating to a conspiracy to illegally enter and/or occupy the U.S. Capitol Building on or about January 6, 2021;

f. Evidence concerning the breach and unlawful entry of the United States Capitol, and any conspiracy or plan to do so, on January 6, 2021;

g. Evidence concerning the riot and/or civil disorder at the United States Capitol on January 6, 2021;

h. Evidence concerning the assaults of federal officers/agents and efforts to impede such federal officers/agents in the performance of their duties the United States Capitol on January 6, 2021;


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i. Evidence concerning damage to, or theft of, property at the United States Capitol on January 6, 2021;

j. Evidence of any conspiracy, planning, or preparation to commit those offenses;

k. Evidence concerning efforts after the fact to conceal evidence of those offenses, or to flee prosecution for the same;

l. Evidence concerning materials, devices, or tools that were used to unlawfully enter the U.S. Capitol by deceit or by force, including weapons and elements used to breach the building or to counter efforts by law-enforcement, such as pepper spray or smoke grenades;

m. Evidence of communication devices, including closed circuit radios or walkie-talkies, that could have been used by co-conspirators to communicate during the unlawful entry into the U.S. Capitol;

n. Evidence of the state of mind of the subject and/or other co-conspirators, e.g., intent, absence of mistake, or evidence indicating preparation or planning, or knowledge and experience, related to the criminal activity under investigation; and

o. Evidence concerning the identity of persons who either (i) collaborated, conspired, or assisted (knowingly or unknowingly) the commission of the criminal activity under investigation; or (ii) communicated with the unlawful actors about matters relating to the criminal activity under investigation, including records that help reveal their whereabouts.

2. Records and information that constitute evidence of identity, including but not

limited to:

a. clothing worn by the subject;

b. clothing and other articles that reflect evidence of having participated in the unlawful activity at the U.S. Capitol, including evidence of pepper spray or other non-lethal crowd control remnants;

c. Other paraphernalia used by or associated with the Subject, to include tools to further riots;

3. Records and information that constitute evidence of the Subject’s possible

affiliation with the Proud Boys;


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4. Records and information—including but not limited to documents,

communications, emails, online postings, photographs, videos, calendars, itineraries, receipts, and

financial statements—relating to:

a. Any records and/or evidence revealing the Subject’s presence at the January 6, 2021, riot;

b. Any physical records, such as receipts for travel, which may serve to prove evidence of travel of to or from Washington D.C. from December of 2020 through January of 2021;

a. The Subject’s) motive and intent for traveling to the U.S. Capitol on or about January 6, 2021;

b. The Subject’s activities in and around Washington, D.C., specifically the U.S. Capitol, on or about January 6, 2021;


ao 106a (08/18) application for a warrant by telephone or

Documents