Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 1 of 13 PageID #: 1 BY ORDER OF THE COURT UNITED STATES DISTRICT COURT DISTRICT OF HAWAII

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1 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 1 of 13 PageID #: 1 ORIGINAL BY ORDER OF THE COURT JEFFFERSON B. SESSIONS III United States Attorney General MICHAEL G. WHEAT, CRN ERIC J. BESTE, CRN JANAKI S. GANDHI, CRN COLIN M. MCDONALD, CRN Special Attorneys to the Attorney General 880 Front Street, Room 6293 San Diego, CA Tel: /8817/ michael.wheat@usdoj.gov filed IN THE UNITED STATES DISTRICT COURT districtofhawaij OCT I ctt ^O'clock and^niin SUEBEIT)A.^rk " Attorneys for the United States UNITED STATES DISTRICT COURT UNITED STATES OF AMERICA, V. MINH HUNG NGUYEN, aka "Bobby," Plaintiff, Defendant. DISTRICT OF HAWAII Case No KSC COMPLAINT Title 18, U.S.C., Section 371- Conspiracy (Felony) I, the undersigned complainant being duly sworn, state the following is true and correct to the best of my knowledge and belief. 1. Beginning on a date unknown, but no later than June 21, 2013, and continuing up to and including June 2,2016, within the District of Hawaii, defendant MINH HUNG NGUYEN (NGUYEN) and other co-conspirators did knowingly and

2 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 2 of 13 PageID #: 2 willfully combine, conspire, and agree together, with each other and with others to commit the following offenses against the United States: a. To knowingly alter and falsify records, documents and tangible objects with the intent to impede, obstruct, and influence the investigation of a matter within the jurisdiction of a department and agency of the United States, in violation of Title 18, United States Code, Section 1519; b. To corruptly obstruct, influence, and impede an official proceeding ^that is, a federal criminal prosecution brought in the United States District Court for the District of Hawaii in violation of Title 18, United States Code, Section 1512(c); and c. To knowingly and willfully make a materially false, fictitious, and fraudulent statement in a matter within the jurisdiction of the executive branch of the Government of the United States ^that is, a United States Postal Inspection Service investigation and prosecution of an individual for a mailbox theft in violation of Title 18, United States Code, Section It was a purpose of the conspiracy to alter evidence and documents, provide false information to the United States Postal Inspection Service (USPIS) and the United States Attorney's Office for the District of Hawaii (USAO-Hawaii), and present false testimony and evidence in a criminal trial in the United States District Court for the District of Hawaii (USDC-Hawaii), in connection with a criminal investigation and prosecution of G.K.P. for allegedly stealing a United States Postal Service mailbox. 3. In furtherance of the conspiracy and effect the objects thereof, the conspirators committed the overt acts outlined in the affidavit in support of this

3 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 3 of 13 PageID #: 3 complaint, including on or about July 5, 2013, during an interview conducted by a USPIS Inspector, NGUYEN falsely reported that he was present when coconspirator Niall Silva (charged elsewhere) recovered the hard drive from CCl's residence. All in violation of Title 18, United States Code, Section 371. I further state that I am a Special Agent with the Federal Bureau of Investigation (FBI) and that this complaint is based on the following affidavit which is attached hereto and made part of this complaint by this reference. DATED; HONOLULU, HAWAII: October 17. NICOLE VALLIERES, Special Agent Federal Bureau of Investigation Sworn and subscribed before me, this jd,^oo4qy of October, 2017: KEVIN S.C. CHANG United States Magistrate JudgeN District of Hawaii

4 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 4 of 13 PageID #: 4 AFFIDAVIT OF NICOLE VALLIERES NICOLE VALLIERES, Special Agent of the Federal Bureau of Investigation (FBI), being duly sworn, deposes and states the following: 1. I am a duly appointed Special Agent of the FBI and have been employed as such since July I am authorized to investigate violations of Title 18, United States Code, Sections 371, 1519, 1512(c), and I am currently assigned to the White Collar Squad in the Honolulu Division of the FBI. 2. This affidavit is made in support of a complaint charging MINH HUNG NGUYEN (NGUYEN) with Conspiracy in violation of Title 18, U.S.C., Section 371. Because of the limited purpose of this affidavit, it does not contain every fact known by me or other investigators working on this investigation. Unless otherwise indicated, all dates and times discussed below are approximations in Hawaii Standard Time. 3. Based on the facts contained herein, I submit there is probable cause to believe NGUYEN and other co-conspirators did knowingly and willfully combine, conspire, and agree together, with each other and with others to commit the following offenses against the United States; Destruction, Alteration, or Falsification of Records in violation of Title 18, United States Code, Section 1519; to corruptly obstruct, influence, and impede an official proceeding, in violation of Title 18, United States

5 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 5 of 13 PageID #: 5 Code, Section 1512(c); and to knowingly and willfully make a materially false, fictitious, and fraudulent statement in a matter within the jurisdiction of the executive branch of the Government of the United States in violation of Title 18, United States Code, Section The information contained below is from my personal knowledge, other law enforcement officers, or from those specific sources as set forth. 4. According to records provided by the Honolulu Police Department ("HPD"), at all relevant times Defendant NGUYEN was a police officer employed by HPD in the Criminal Intelligence Unit (CIU), as a "footman." The CIU is a specialized unit of the HPD, chosen by the executive staff of HPD to gather intelligence in organized crime and terrorism cases. NGUYEN was supervised in CIU by a lieutenant and a captain, who ultimately reported to the HPD's Chief of Police. 5. The conduct described herein relates to the alleged theft of a mailbox located at CCl's residence on June 21, 2013, at approximately 11:30 p.m. As discussed more fully below, a video recording was apparently made of the alleged theft. I have reviewed this video, which shows a white four-door sedan drive up and park in front of the residence. A male then got out of the driver's side of the vehicle, walked over toward the mailbox, and with little effort lifted the security-style mailbox off its post. The male suspect then opened the rear passenger door and

6 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 6 of 13 PageID #: 6 placed the mailbox inside the vehicle. After closing the door, the male suspect walked around the rear of the vehicle, got back in the driver's seat, and drove away. THE CONSPIRACY 6. On December 16,2016, former HPD officer (and CIU technician) Niall Silva appeared in United States District Court for the District of Hawaii, waived indictment, and pled guilty to a single-coimt information charging him with conspiring to commit the offenses of Destruction, Alteration, or Falsification of Records in violation of Title 18, United States Code, Section 1519; Corruptly Obstructing, Influencing, and Impeding an Official Proceeding, in violation of Title 18, United States Code, Section 1512(c); and Making False Statements, in violation of Title 18, United States Code, Section As part of his guilty plea, Silva admitted under oath that he agreed with various co-conspirators to commit these offenses in connection with a federal criminal investigation and prosecution of an individual (G.K.P.) for the theft of a mailbox from the residence of Co-conspirator No.l ("CCl"). Silva further admitted that as part of the conspiracy, he and Coconspirator No. 2 ("CC2") provided false information to a United States Postal Inspection Service ("USPIS") Inspector, including the false claim that Silva had personally retrieved a hard drive containing video evidence from CCl's residence, when in fact CC2 had retrieved the hard drive from CCl's residence and had

7 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 7 of 13 PageID #: 7 delivered the hard drive to Silva at HPD headquarters. According to Silva, CC2 is NGUYEN.^ OVERT ACTS 7. Based on the evidence described below, I believe there is probable cause to believe the following overt acts, among others, were committed within the District of Hawaii in furtherance of the conspiracy: a. After beginning his cooperation with the FBI, Silva stated in an interview that on Saturday, June 22,2013, he received a call from CC3 on his work cell phone. At the time, CC3 called Silva to tell him to report to the HPD Main Station because there had been an incident at CCl's residence. b. According to Silva, on Saturday June 22, 2013, NGUYEN, CC3, and CC5 were all present at the HPD Main Station when Silva reported to work. When Silva arrived at the Main Station, NGUYEN handed Silva the hard drive from CCl's home video surveillance system (which NGUYEN had already taken from CCl's residence earlier that day). Silva asked NGUYEN what time he seized the hard drive; NGUYEN told Silva 9:00am. SILVA wrote down 8:59am on the evidence chain ' Silva has pled guilty pursuant to a plea agreement and is cooperating with the investigation in the hope of receiving a sentencing reduction. United States v. Silva, Case No. CR SOM (D. Hawaii). Although Silva has admitted providing false information to investigators as part of the conspiracy, and testifying falsely under oath in the criminal trial of G.K.P., the information Silva has provided in connection with his guilty plea has proven to be reliable and corroborated by other evidence.

8 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 8 of 13 PageID #: 8 form. Silva and NGUYEN collectively agreed to put down this false information on an official HPD form. According to Silva, he processed the hard drive such that NGUYEN and he could view the video recording. c. Based on cellular telephone records for NGUYEN obtained by the FBI, on June 22,2013, at about 1:28 p.m., NGUYEN telephoned CCl. d. According to records provided by HPD, just a few minutes later at about 1:31 p.m., CC1 telephoned 911 to report the alleged theft of a Postal Service mailbox from CCl's residence the night before. According to HPD records, at approximately 1:35 p.m., an HPD Patrol Officer arrived at CCl's residence to investigate the complaint of the alleged stolen mailbox. According to this Patrol Officer - who has been interviewed by the FBI ~ CCl stated someone stole her mailbox and there was possibly mail inside it. CCl said she may have an idea who stole the mailbox, but did not want to say anything until the video was reviewed. This statement was the first time the HPD Patrol Officer was aware of any video cameras. CCl said she did not know how to review the video, but she would do so with a relative. CCl said if she saw anything on the video, she would call 911 and have the video taken as evidence. e. According to Silva and records obtained from HPD, at approximately 2:30 p.m., Silva was present with NGUYEN reviewing the video captured on the

9 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 9 of 13 PageID #: 9 hard drive from CCl's residence. According to Silva, NGUYEN identified G.K.P. as a person depicted on the hard drive "stealing" the mailbox. f. According to a report provided by the USPIS, on July 5, 2013, NGUYEN was interviewed by a USPIS Inspector. During that interview NGUYEN advised he had reviewed the surveillance video footage of the mailbox theft and was able to identify the suspect as G.K.P. On April 21,2016, during NGUYEN's federal grand jury testimony, he again identified G.K.P. as the male in the video based on the male's stature, build, and walk. However, based on my review of the video footage and observations of G.K.P., and the observations of other persons familiar with G.K.P. and the footage, the male depicted in the video does not appear to be G.K.P. In addition, G.K.P. has repeatedly denied being the person who "stole" CCl's mailbox, including during a polygraph examination administered to him on July 23, According to the FBI polygrapher administering this examination, G.K.P. gave no indications of deception when he denied being the male depicted in the video. Although polygraph results are generally not admitted into evidence in criminal cases, the FBI still considers a polygraph to be a valid investigative technique. Moreover, based on my training and experience and the experience of other experienced agents with whom I have spoken, I believe that properly administered polygraph examinations can assist in determining the reliability of a witness.

10 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 10 of 13 PageID #: g. According to Silva, on or about June 22, 2013, after 2:30 p.m., he excised portions of data recovered fi*om the hard drive that NGUYEN retrieved fi'om CC1 's residence, and transferred those excised portions to disks. According to Silva and an HPD Follow-up report, completed and signed by Silva on July 1,2013, a total of four (4) discs containing surveillance video were logged into evidence. According to Silva, on or about June 22, 2013, after 2:30pm, at the HPD Main Station, he gave copies of the excised surveillance videos to other co-conspirators who were HPD officers. h. According to Silva, the original hard drive (containing the entire video) was not submitted into evidence - despite HPD protocol to the contrary. This was because CC3 (a more senior HPD officer) instructed Silva not to put the original hard drive into HPD evidence; instead, Silva kept the hard drive in his desk. Silva inquired with CC3 on three separate occasions as to what he should do with the original hard drive. CC3 instructed SILVA to hang onto it. According to Silva, the original hard drive was placed back into circulation in December 2013 on SILVA's last day of work before he retired. i. On or about July 5, 2013, NGUYEN was interviewed by the USPIS Inspector, at which time he falsely reported that he was present when Silva recovered the hard drive from CCl's residence on June 22, In addition to being contradicted by Silva's admissions under oath in his guilty plea, NGUYEN'S claim

11 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 11 of 13 PageID #: is contradicted by bank records showing that at the time NGUYEN says he was meeting with Silva at CCl's residence, Silva was conducting transactions at bank branches in different locations in Honolulu. j. On or about June 18, 2014, at about 10:49 a.m., Silva falsely told a USPIS Inspector that he personally recovered the hard drive from CCl's residence. Silva explained that he personally checked the surveillance equipment to ensure it was working properly. He stated he then recovered the hard drive and transported it to the HPD Main Station. k. Based on cellular telephone records for SILVA obtained by the FBI, and Silva's statements since his cooperation began, Silva and NGUYEN repeatedly discussed the false statements they were both providing to federal investigators. For example, on or about June 18,2014, at about 1:17 p.m., after SILVA spoke to USPIS Inspectors, he called NGUYEN. The next day (Jime 19,2014), Silva again provided false information to the USPIS Inspector about HPD's "investigation" of an alleged mailbox theft from CCl's residence. And the following day (June 20,2014), Silva again called NGUYEN. 1. According to Silva and telephone toll records obtained by the FBI, on or about December 1,2014, NGUYEN and SILVA discussed the false testimony the conspirators expected to provide at the upcoming federal criminal trial of G.K.P. for theft of the mailbox.

12 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 12 of 13 PageID #: m. On or about December 4, 2014, Silva falsely testified in the trial of G.K.P. that on June 22, 2013, at 8:59 a.m., he personally went to CCl's residence, verified the security system was in good working order on the date and time of the incident (June 21, 2013, 10:31 p.m.), that recordings were made, and that he retrieved the recordings from the residence. Silva also confirmed preparing reports (falsely) documenting his retrieval of the hard drive. n. Based on cellular telephone records for SILVA obtained by the FBI and statements made by Silva, on or about December 4,2014, NGUYEN and Silva spoke about what Silva had said during his testimony and the false evidence provided in the federal criminal trial of G.K.P. o. Based on cellular telephone records for NGUYEN obtained by the FBI, on or about November 19,2015, at about 3:42 p.m., after being contacted by the FBI about G.K.P.'s trial, NGUYEN contacted Silva. p. On or about November 24, 2015, NGUYEN provided false and misleading information to the FBI about the alleged mailbox theft from CCl's residence. NGUYEN stated, amongst other things, that he let Silva into the garage at CCl's residence on Jime 22, When SILVA arrived, NGUYEN waited for Silva to "do his thing." NGUYEN stated he did not witness the extraction of the hard drive from CCl's surveillance system; he just waited for Silva. NGUYEN claimed

13 Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 13 of 13 PageID #: that he and Silva then went to the HPD Main Station together after the hard drive was extracted. Based on these facts and circumstances, there is probable cause to believe that MINH HUNG NGUYEN and other co-conspirators did knowingly and willfully combine, conspire, and agree together, with each other and with others in violation of Title 18, United States Code, Section 371. FURTHER AFFIANT SAYETH NAUGHT. Subscribed and sworn to before me this j^^day of October, NICOLE VALLIERES, Special Agent Federal Bureau of Investigation U.S. Department of Justice KEVIN S.C. C United States Magistrate Judge District of Hawaii