case 2:17-cv-02120-jpm-egb document 115-2 filed 07/25/18...

IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF TENNESSEE

WESTERN DIVISION

ACLU of TENNESSEE, INC.,

Intervenor-Plaintiff,

v.

THE CITY OF MEMPHIS,

Defendant.

No. 2:17-cv-02120-jpm-DKV

AFFIDAVIT OF TIMOTHY REYNOLDS

STATE OF TENNESSEE

COUNTY OF SHELBY

SWORN AFFIDAVIT OF TIMOTHY REYNOLDS

1. My name is Timothy Reynolds. I am an adult resident citizen of Shelby County,

Tennessee. I am over the age of 21, and I am competent to testify in this matter.

2. The facts in this affidavit are based on my personal knowledge and are true and

correct to the best of my knowledge.

3. I am a sergeant with the Memphis Police Department.

4. I am currently assigned to the Memphis Police Department's Office of Homeland

Security.

5. I became a Memphis Police Officer in 1998.

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Case 2:17-cv-02120-JPM-egb Document 115-2 Filed 07/25/18 of 21 PageID 4793

6. In 2003, I joined the MPD's Organized Crime Unit ("OCU"). I was with OCU from

2003 to 2006 working narcotics. In 2006 I left narcotics when I was assigned to Safe Streets Task

Force. In 2007 I returned to uniformed patrol.

7. I returned to OCU in 2010, at which time I was assigned to a drug team. I specialized

in follow-up investigations of money laundering activities of criminal enterprises.

8. In April of 2011 I completed an intensive two-week course in "deep undercover

operations." The team to which I was assigned utilized officers in a deep undercover capacity. I

was selected for this training so that I could participate with and assist in these investigations.

9. After receiving that training, I worked in an undercover capacity. I was given an

undercover identity by the department for these undercover investigations. The department

provided an identity that included a driver's license, social security number, and alias. My

undercover alias is named "Tim Ryan".

10. As an undercover officer I used the alias Tim Ryan in multiple operations to

communicate with suspects, witnesses, and informants

11. In 2015, I left narcotics again and went to work with the MPD's Office of Homeland

Security ("OHS"). Initially my work involved an investigation of a Criminal Enterprise that

engaged in a Specified Unlawful Activity (SUA) to launder proceeds derived from fraudulent

activity that included, insurance fraud, food stamp fraud, lottery fraud. Bank records showed that

the proceeds from these SUAs appeared to be funding terrorist organizations outside the United

States. As a part of this investigation, a cooperating defendant introduced me (as Tim Ryan) to a

burglary suspect via cell phone.

12. I created an online alias to use in conjunction with my OCU investigations with the

moniker "Bob Smith." It is standard for an undercover officer to use an alias Facebook account

instead of his own personal account to shield his identity.

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13. In July 2015, Darrius Stewart was shot and killed by a Memphis Police Officer

following a traffic encounter. This incident occurred shortly after the riots in Ferguson, Missouri.

Threats to police officers in general and specifically to the officer involved in the Stewart shooting

were being made on social media platforms. For the purpose of protecting the safety of law

enforcement officers arising from this series of events, as a part of my duties with Homeland

Security, I used the "Bob Smith" moniker to monitor social media commentary on the subject of

law enforcement shootings and public reaction to them. was one of the most active

individuals locally on social media on the subject of the Stewart shooting. Some of his posts were

made as "open source" postings to the public. Other postings, as is the case with any Facebook

account holder, can be directed only to Facebook "friends." had a large social media

circle of Facebook friends. As part of the Bob Smith investigative process, and consistent with

standard undercover tactical practices, Bob Smith "friended" certain individuals regularly

communicating with on Facebook in order to gain credibility for Bob Smith when seeking to

be admitted to friend group. This use of the Bob Smith moniker in 2015 did not result

in any specific investigative activity or action.

14. In 2016, OHS increasingly shifted its focus to public protection and officer safety

after an eruption of violent protests around the country in response to several officer-involved

shootings in other jurisdictions. On July 10, 2016, a large group of protestors shut down the 1-40

bridge to Arkansas. Within days of the bridge shutdown, five Dallas police officers were ambushed

and killed at a protest rally in Dallas. Shortly thereafter, two police officers were killed in Baton

Rouge.

15. Under the authority of the Memphis Police Director, I increasingly focused my

intelligence gathering and investigations on potentially large protests that might occur in the

Memphis region. This was for the sole purpose of preventing and mitigating any violence that might

3


occur, as well as protecting the public, the protestors, and law enforcement officers. It was

necessary to determine when, where, and how large a public demonstration might be, as well as to

attempt to determine if that protest had the potential to turn violent.

16. In the fall of 2016, the Memphis Police Department started an investigation into a

social media platform where someone posed as MPD Director Michael Railings. The Economic

Crimes Bureau started the criminal investigation into this event under Case Number

1609004302ME. Collective Exhibit 1 consists of internal MPD communications and approval for

the issuance of subpoenas issued by federal and state authorities to Twitter and internet service

provider Comcast in connection with this investigation. As the Exhibit reflects, investigators

believed that , who was employed by the Mid South Peace and Justice Center, was

responsible for the creation of the fake account and postings. Subpoenaed records reflected that that

a series of posts from the fake account were made from an Internet Protocol (IP) address from a

computer inside of the Mid South Peace and Justice Center. I was asked to assist in this

investigation. I used Bob Smith's online relationship with in connection with this

investigation. Ultimately, this investigation did not result in criminal charges.

17. Another time I used the Bob Smith account in 2016 was to "friend"

after was arrested in a protest at the Memphis Zoo on May 30, 2016 for disorderly

conduct. After I sent the "friend request" to , sent me a message on

Facebook in an apparent effort to "vet" me. asked me questions about associates on my

Facebook account and my relation to them, and questions about my level of social activism.

asked if "Bob Smith" was a fake account. I told him it was. asked me to provide my real

name. I then identified myself as "Tim Ryan," which was my OCU undercover alias.

18. A short time after my interaction with , he told me by Facebook messenger

that my story "checked out." explained that the answers I provided were verified by Bob

4


Smith's acquaintances on Facebook. After I received this information then accepted

the "friend request" of Bob Smith/Tim Ryan.

19. After being accepted as a friend of , Tim Ryan as "Bob Smith" was

invited into a private group created by called "Kessler Associates." On June 11,

2016, made a post requesting assistance to hack into the Memphis Zoo's computer

system for certain information about the Zoo's records. See attached Exhibit 2. As this exhibit

reflects, , who was dissatisfied with the level of financial reporting of the entity which

operated the Zoo, advocated the use of computer "hackers" in order to get some "real numbers",

asking whether "[a]nyone know[s] a hacker" for this purpose. As a contemporaneously prepared

memo reflecting my investigation into this potential criminal act to my supervising Commander

reflects (Exhibit 3), that same day confin ied that he had successfully recruited two

people to assist him in hacking into the Memphis Zoo's computer for financial infollnation. I

included a member of the Joint Terrorism Task Force in the follow up steps pertaining to this

investigation, and sought input from the FBI to discuss the possibility of pursuing a federal

investigation into the matter. (My recollection is that the investigation did not result in substantive

evidence of actual tampering with the Zoo's system.) As Exhibit 2 reflects, even in the midst of the

investigation the MPD continued working on a plan to allow to peacefully protest

with minimal disruption to the Zoo.

20. This investigation is currently dormant, but the Kessler Associates private group on

Facebook still exists. Tim Ryan as Bob Smith is still an associate of this group. If further

statements were made by or another individual associated with the Kessler Group

advocating or confirming hacking into the Zoo's computer systems are made, the continued use of

the Tim Ryan/Bob Smith moniker would be part of a reopened criminal investigation into this

matter.

5


21. In July of 2016, Stuart Frisch, a now-retired OHS detective, received information

from Sara Veets at the Southern Poverty Law Center (SPLC) that a radio personality that had strong

ties to white militant extremist groups in the southeast region had taken an interest in this year's

Nathan Bedford Forrest birthday celebration that was held annually at Health Sciences Park. The

local chapter of the Black Lives Matter organization organized on social media a counter protest to

the birthday celebration. The local chapter of the Black Lives Matter organization organized on

social media a counter protest to the birthday celebration. This Black Lives Matter counter protest

was held also held adjacent in the park. The white militant extremist groups posed a threat to the

public and officers assigned to the celebration because members of these extremist groups are

openly hostile to law enforcement and minorities. I posed as a freelance journalist named Tim Ryan

in order to corroborate this infoiiiiation from the SPLC. As Tim Ryan, I met with and

photographed the leaders of these groups and some high-ranking members of several outlaw

motorcycle groups that accompanied these extremists. In our undercover capacities, Detective

Frisch and I successfully identified those individuals that were armed in the crowd and relayed this

information to plain clothed and uniformed officers.

22. I continue to use the Bob Smith account and Tim Ryan alias as part of my work with

the Office of Homeland Security, and I will continue to use it in future investigations if the Tim

Ryan undercover identity remains protected.

23. If the Bob Smith account is identified as being a confidential source/undercover

account, it will necessarily reveal that the Tim Ryan alias is also a confidential source or undercover

alias of the Memphis Police Department.

24. If the Tim Ryan alias of Bob Smith is "outed" it could implicate and potentially

identify cooperating witnesses who have worked with Tim Ryan.

25. If Bob Smith is identified as an undercover account or confidential informant source,

6


then I will no longer be able to use the undercover alias Tim Ryan.

FURTHER AFFIANT SAITH NOT.

SUBSCRIBED AND SWORN TObefore me on this the 3nd day ofJuly, 2018.

My Commission Expires:

Notary Public

7


EXHIBIT 1


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REPORTED DATE: 09/08/2016 TIME:18.15

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ADDITIONAL NARRATIVEMemphis Police Department

REPORT NUMBER: 1609004302ME

ORI# TNMPD0000

NARRATIVE TITLE

Narrative

Title: NarrativeMr. Rags advised that a Twitter account was created and activated in his name

by using his

personal information. Mr. Railings advised that he has never had a Twitter account nor gave anyone

permission to created one for him.

REPORTING OFFICER

2246 Davis, Kyle G

REVIEWNG OFFICER 1 REVIEW GATE



of 2Agency: Memphis Police DepartmentOfficer ID/Name: 2794 k Farah, FredDate:

RMS Case

Case Number: 1609004302ME

Narrative Title: Request for Indictment

Memphis Police DepartmentRequest for Indictment

Request for Indictment

This is being submitted to Request an Indictment on [White/Male], [28], DOB [0 , of [Street], [ ]. The charge(s) are [34-14-150], [Identity Theft], (39-16-301), (Criminal Impersonation). Sheriff's OfficeID Number is [ Social Security # ).

Statement:

Incident # 1609004302ME

oral written )(XX none

CAD #(s) for BWC/ICV video retrievalNot AvailableVictim(s):Name: Michael RailingsAddress: 201 Poplar

Phone #R/S: Black/Male

Location of Occurrence: 201 Poplar

Date of Occurrence: 09/06/2016 to 09/20/2016

Property Taken: Identity

Crime Scene: Yes XXX No

PROBABLE CAUSE

Between the dates of, 09/06/2016 to 09/20/2016, falsely created a Twitter account and posted several commentsimpersonating and pretending to be Memphis Police Director, Michael Railings. Director Railings became aware of this situationand a police report was filed. Investigator, K. Davis, retrieved fake twitter account that shows 2 pictures of Director Railings infull uniform. The Twitter account is listed as Michael Railings, @MPD_Rallings. The account lists Director Railings, Director ofPolice Services, Memphis Police Department. The account also shows the Police Departments website, memphispolice.org andlists he joined in September, 2016. FBI Agent, David Palmer investigated this matter. Agent Palmer subpoenaed Comcast andfound the fake Twitter account was created from the business, Mid-South Peace and Justice Center, 3373 Southern Ave,Memphis, TN, 38111. is employed at Mid-South Peace and Justice Center. Agent Palmer also subpoenaed Twitterand the following was produced: From 09/06/2016 to 09/20/2016, on 26 occasions, Twitter account, @aktionkat (belonging to

, was used at the same time, date, location, and IP address that the fraudulent account, @mpd_Rallings, was used.


of 2

Agency: Memphis Police DepartmentOfficer ID/Name: 2794 \ Farah, FredDate:

RMS Case


Narrative Title: Request for Indictment

Director Michael Railings advised at no time did have permission to use, impersonate, create, or post his information onTwitter. Investigator spoke to who declined to come in for a statement.

For details of the investigation conducted refer to the supplements andstatements attached to this file.

Statement Witnessoral written none )00:: Michael Railings 201 Poplar 636-3700

Officer(s)Name IBM BWC/ICV Current Work StationSgt F. Farah 2794 n/a Economic CrimesSgt K. Davis 2246 n/a Economic CrimesFBI Agent David Palmer n/a 225 N Humphrey's

Arrest Report for Incident # 1609004302ME

Submitted by:

Sgt. Sgt Fred Farah #2794Memphis Police Department


of 3

Agency: Memphis Police Department

Officer ID/Name:

Date:

RMS Case


Narrative Title: Subpoena Twitter, Inc.

AFFIDAVIT FOR SUBPOENA DUCES TECUMPURSUANT TO TCA: 40-17-123

Personally appeared before me, Det. Sergeant K. Davis 2246, and made oath that he has good ground and belief, and does

believe that:

1. A specific criminal offense has been committed or is being committed and the nature of such offense : Identity Theft T.C.A.

39-14-150 & Computer Crimes T.C.A. 39-14-602

2. The production of the items requested will materially assist in the investigation of the specific offense committed or being

committed: Identity Theft T.C.A. 39-14-150 & Computer Crimes T.C.A. 39-14-602, Report# 1609004302ME

3. The custodian of the documents requested and the person, persons or corporation about whom the documents pertain:Twitter, Inc. do Trust & Safety- Legal Policy 1355 Market Street, Suite 900 San Francisco, CA 94103

4. The specific documents requested to be included in the subpoena: All account user information (name, username, e-mailaddress, phone number) and I.P. address used to create Twitter account Michael Railings @MPD_Rallings, Director of PoliceServices, Memphis Police Department, showing joined September 2016.

5. The nexus between the documents requested and the criminal offense committed or being committed: An unknown personcreated a fraudulent Twitter account in September 2016 by using the information of the Memphis Police Department DirectorMichael Railings. This information requested will help bring this case to a closure and help to close the fraudulent Twitter

account.

AFFIANT

Sworn to and subscribed before me, this day of 2016.

Judge, Div. Criminal CourtCourt of Shelby County, Tennessee

IN THE CRIMINAL COURT OFSHELBY COUNTY, TENNESSEEDIVISION

IN RE INVESTIGATIVE SUBPOENA DUCES TECUM

COURT ORDER FOR INVESTIGATIVE SUBPOENA

PURSUANT TO TCA: 40-17-123

Proof by affidavit having been made before me by Det. Sergeant K. Davis 2246 that there is reason to believe that a criminaloffense has been committed or is being committed and that requiring the production of documents or information is necessaryto establish who committed or is committing the offense or to aid in the investigation and prosecution of the person or personsbelieved to have committed or believed to be committing the offense, it is therefore ordered, adjudged and decreed that the


of 3Agency: Memphis Police DepartmentOfficer ID/Name:

Date:

RMS Case



Clerk of this Court is to issue the attached investigative subpoena duces tecum.

Judge, Division Criminal Courtof Shelby County, Tennessee

This day of , 2016.

SUBPOENA DUCES TECUM

CRIMINAL COURTDIVISION

STATE OF TENNESSEE

TO THE SHERIFF OF SHELBY COUNTY- GREETING: Pursuant to Tennessee Code Annotated 40-17-123, you are herebycommanded to summons:

Twitter, Inc. do Trust & Safety- Legal Policy 1355 Market Street, Suite 900 San Francisco, CA 94103

if to be found in you County, and have him/her produce the following of books, papers, records, documents, tangible things, orinformation and data electronically stored:

All account user information (name, username, e-mail address, phone number) and I.P. address used to create Twitter accountMichael Railings @MPD_Rallings, Director of police Services, Memphis Police Department, showing joined September 2016.

To Det. Sgt. Kyle Davis, at 150 Washington Ave. Suite 300 Memphis TN 38103 PH# 901-222-1498, [email protected] nolater than October 31, 2016.

This you shall in no wise omit, under penalty prescribed by law. Herein fail not, and have you then and there this writ.

Witness: Richard DeSaussure, Clerk of saidCourt.

Issued day of 2016.By Dep. Clerk


of 3Agency: Memphis Police Department

Officer ID/Name:

Date:

RMS Case



Came to hand and executed on the day of

Officer Received By


of 1Agency: Memphis Police DepartmentOfficer ID/Name:

Date:

RMS Case


Narrative Title: PCEC Unit

09/08/2016

I spoke with Mr. Railings and he advised that a Twitter account was created and activated in his name by using his personalinformation and work photos.

09/26/2016

Judge C. Craft criminal court division 8, signed subpoena for Twitter, Inc.

09/28/2016

The subpoena was faxed to Twitter.

10/04/2016

Myself and Lt. Burford met with FBI agent David Palmer in the Economic Crimes office and he presented evidence from theTwitter account and posible suspect information. We are waiting for the last subpoena from Twitter that Agent Palmer issued tosee if the I.P. addresses match up with the suspect.

10/26/2016

Byron Winsett advised that the FBI will be handling this case.

01/04/2017

The F.B.I returned the case back to me.


of 1Agency: Memphis Police DepartmentOfficer ID/Name: 27941 Farah, FredDate:

RMS Case


Narrative Title: Sgt. F. Farah supplement

Sgt Fred Farah #2794Economic Crimes#1609004303MEOn 02/22/2017 at 0800 hrs, I received case from Major Burford. Victim Memphis Police Department Director Michael Railingsstates, he found an unauthorized Twitter account using his information . FBI agent David Palmer looked into the matter andsupplied documents. Documents show between the dates of, 09/06/2017 to 0920/2017, suspect, , on 26 occasionsused the fake Twitter account (@mpd_Rallings) and his own (@aktionkat)at the same, time, date, location, and IP address.Agent Palmer also subpoenaed Comcast and documents show the fake Twitter account was created at the Mid - South Peaceand Justice Center. works at listed business. Director Railings stated at no time did he give permission to use,create, impersonate, or post his information on Twitter.On 02/22/2017 at 0910 hrs, I spoke to AG Byron Winstead, who advised me to charge with, Identity Theft and CriminalImpersonation.On 02/22/2017 at 1537 hrs, I spoke to in and asked him if he wanted to give a statement. advised he hasno comment and would not give a statement.

On 02/23/2017 at 0915 hrs, I completed and turned in Request for Indictment charging with Identity Theft andCriminal Impersonation.


EXHIBIT 2


MICHAEL RALLINGS - DIRECTORDIVISION OF POLICE SERVICES

MICHAEL HARDY — DEPUTY CHIEFSPECIAL OPERATIONS

EDDIE BASS-MAJORCOMMANDER HOMELAND SECURITY

STEPHEN CHANDLER-LIEUTENANTASSISTANT COMMANDER HOMELAND SECURITY

600 JEFFERSON SUITE 400 MEMPHIS, TENNESSEE 38105 PHONE: (901) 636-7853 FAX: (901) 524-1068

UNCLASSIFIED/AAW ENFORCEMENT SENSITIVE

To: Major BassFrom: Detective T. ReynoldsDate: 6/11/2016Subject: (Save the Greensward)

Sir,

As you know has invited me into a private Facebook Group about his protest against theMemphis Zoo and the Greensward. Today's traffic was a request for some assistance to hack into the MemphisZoo's computer system to get information that wants about Zoo activity. has told the groupthat he has filed a FOIA with the zoo for information, but I think this is information that isn't contained in

FOIA request.

Today communicated that he has successfully recruited two people to assist him in hacking intothe Memphis Zoo's computer for information (see attached screenshot). With discussion of hacking into agovernment computer we have reached a level of criminal activity that may include federal charges. Itelephoned Mike Freeman (JTTF) and began to include Freeman in the case. I asked for a meeting with the FBISAC Ann Miller to discuss the direction needed to successfully build a federal case. I will let you know whenthe meeting is to take place and keep you up to date the results of the meeting. I will develop an intel packet onthe members of this group and the two supposed "hackers" claims he has recruited to give to the FBI.

Normally, in a case such as this upper management doesn't have this level of detail, but this is a smallenough group that operational security won't be an issue. However, should the FBI get involved I'm sure only afew of us will be able to discuss the entire case. These limitations are excellent for security, but often the muchneeded interdepartmental coordination suffers. Since MPD started this case I'm sure with Freeman's help wecan keep the group we have now in the loop.

I've called Colonel Houston about some of the mild nuisances that has planned for MPD andthe zoo staff that go with his protest. We're working on a plan to allow to peacefully protest withminimal disruption to the visitors to the zoo.

UNCLASSIFIED//LA W ENFORCEMENT SENSITIVE


inneuwim-4-0-Aug /1"1""U-

one.

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Rosetta Minnefteld-Curnmings Continuing to demand the zoo gives full

financial disclosure

Like - Reply - 7 firs

Ferg4s Nolan As a 501-3c the Zoo files 990 forms at IRS. The last one

of these was due May 15th for their financial year ended Julie 30th

2015. The IRS charges a bomb for a lYsil) of all the 990s filed, but

various websites that follow charitable entities put them up free on their

www and the zoo's has not turned up yet.

The Zoo also files returns at the TN Secretary of State annually_

I put in a FOIA request for the audited annual reports that the Zoo is

required to file with the City under their contract These (and all the

other documents mentioned) arein the ifles section of The Fringe

lenient; is is-JOhn Slater's report on the Zop.

I: have FOIA requests in at the City for the last year of unaudited

nontlily reliorts that the Zoo is supposed to provide the city under their

contract but have not been providing, and also for a list of all

transactions for payments to the Zoo made by the city from their

eneri Ledger_

dodgy corporations, the Zoo provides a minimum of financial

isclosiire. They are in breach of their contract with the city by not

riciiviOng the monthly numbers.

our best bet for getting information via the City but so far, al/

John Slater and l have gotten is the audited annual reports for the last

few year§.:

Maybe it is tithe to hack the Zoo and get some ma. numbers Anyonelow a hacker?
