Case Document 1 Filed 06/03/19 Page 1 Of 9 '??gbw . . i 004/ 5% JOHN w. HUBER, UnIted States Attorney (#7226) 42 x4923, JENNIFER E. GULLY, Assistant United States Attorney (#15453) 6, 0 Attorneys for the United States of America 4a? 02? 419$}, 111 South Main Street, Suite 1800 off-9}? (I) I Salt Lake City, Utah 84111 Telephone: (801) 524-75682 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION FILED UNDER SEAL UNITED STATES OE AMERICA, COMPLAINT Plaintiff, VIOLATION: 2 clam/'57? Vg_ 18 Interstate Transmission of Threats to LEE-96C 9 SCOTT BRIAN HAVEN, . Defendant. . Hon. Paul M. Warner A Chief United States Magistrate Judge Before PaulM. Warner, Chief United States Magistrate Judge for the District of Utah, appears the undersigned who, on oath deposes and says: I COUNT 1 On or about May 23, 2019, in the Central Division of the District of Utah, SCOTT BRIAN HAVEN, the named defendant herein, did knowingly transmit in interstate commerce a communication containing a threat toinjure the person- of another, to wit: while in the District Of Utah, ScOtt Brian Haven phoned the Washington, DC. Of?ce for Representative 5 and stated that hewas ?going to shoot him in the head, I?m going to do it now, are you ready?? and then ended the call; allvin violation Of_18' U.S.C. 875(c). Case Document 1 Filed 06/03/19 Page 2 of 9 AFFIDAVIT IN SUPPORT OF COMPLAINT 1, Vincent Veloz, a Special Agent with the United States Capitol Police, Investigations Division, Threat Assessment Section, Washington D.C., being ?rst duly sworn, hereby depose and state as follows: INTRODUCTION AND AGENT BACKGROUND 1.. I am a Special Agent with the United States Capitol Police where I have served since September .2005. I am currently assigned to the USCP Investigations Division, Threat Assessment Section. In the course of my employment as a. Special Agent with the USCP, I have received trainingregarding the application for and execution of both search-and arrest warrants. In my current assignment, I have participated in and conducted investigations of several types of violations of federal law against members of Congress. 2. This affidavit is made in support of a criminal complaint against and arrest warrant charging SCOTT BRIAN HAVEN (hereinafter with violation of Title 18, United States Code, Section 875(0). - A 3i 7 The facts and information contained in this affidavit are based upon my direct participation-in this investigation and as related to me by other law enforcement of?cers pertaining to this investigation. This af?davit is intended to show merely that there is probable cause for the requested complaint and arr-est warrant and is not intended to include each and every fact and matter observed by me or known to the United States of America. PROBABLE CAUSE 4. On or aboutJanuary 17, 2017, staff for the?White House switchboard reported to USCP Threat Assessment Section a concerning phone call they received from caller ID referring to Representative 1. According to the White House staff who Case Document 1 Filed 06/03/19 Page 3 of 9' reported the incident, the caller stated, ?[Representative 1] ought to be shot.? Number 6417 was later identi?ed as registered to HAVEN. 5. On ?r about March 3, 2017, USCP Communications transferred a call to The male caller was profane in speech and the number on the caller ID'appeared as later identi?ed as registered to HAVEN. 6. On or about May 17, 2018, staff for the Washington, DC. of?ce of Senator 1 reported to a call forwarded from the United States Capitol Switchboard (?Capitol Switchboard?). The male caller was extremely agitated and said ?he would like to slice [Senator 1]?s head off and [Senator 2]?s head too.? Congressional staff reported this incident as an ?outright threa The male caller was later identi?ed as HAVEN. Onthis single date, HAVEN called the Capital Switchboard 32 times. 7. On or about June 6, 2018, staff for the Washington, DC. of?ce of Senator 1 transferred to US a call from an individual who they explained called their of?ce often, and that he is the same person that made the threatening call .to Senator 1 in May. TAS Special Agent Anyaso spoke with the. caller and, despite Special Agent Anyaso identifying himself as a Federal Law Enforcement Agent, the caller called Special Agent Anyaso a ?cunt? several times. A few minutes into the call?, the caller made the following statement: ?Come arrest me! I, would like to fucking beat the. shit out of you just for trying!? Special Agent Anyaso. asked the caller if he was threatening a Federal Agent, at which point the caller stated ?What are you gonna do?? Special Agent Anyaso recorded this call and later played the call for other Agents in the Threats of?ce. When Special Agent Andriko heard the recorded call, Special Agent Andriko recognized the voice as that HAVEN, with whom he had conducted a telephonic interview previously. Case Document 1 Filed 06/03/19 Page about August 13, 2018, a FBI Special Agent called HAVEN via telephone at 8.01 HAVEN identi?ed himself upon answering the phone. During this phone interview regarding his calls made to the Washington, DC. office of Senator 1 and the June 6, 2018 phone conversation with Special Agent Anyaso. HAVEN denied making calls to members of Congress other than Senator 3. HAVEN expressed negative feelings toward members of Congress, and was upset about the purpose of the call, stating. that?Conservatives don?t commit violent acts against political opponents; that type of behavior is conducted by people on. the lef HAVEN also stated that ?Law Enforcement should be investigating groups like Black Lives ,Matters instead of bothering [him]? and hung up the phone. 9. On or about September 18', 2018, staff for the Washington, DC. of?ce of Senator 1 reported to a threatening phone call received from number Reporting congressional staff stated that the caller was agitated, and yelling about ?Democrats trying to destroy Trump?s presidency.? During the call, the caller got increasingly worked up and shouted, in reference to Senator 1, ?Tell the son of a bitch we are coming to hang the fuckerl? and, then hung up. 10. On or about September 19, 2018, the Office Manager for the Washington, DC. office for Senator 1, reported to a summary of a threatening call that was received from on June 25, 2018. This call was received after comments made by Representative 2 encouraging supporters to confront Trump administration officials. Below is a summary of the call reported by a staffer: o? picked up a call at 12:34 from ?Caller Wireless? who was irate about [Representative 2]?s comments about protesting administration officials. He said that there were ?far more second amendment people than whiney, crying liberals? and said that if someone like [Representative 2] harassed or attacked his family, Will be the first to blow their, fucking heads off that?s not a threat, that?s a promise.? Phone number is 801 Case Document 1 Filed 06/03/19 Page 5 of 9 .11. On or about October 18, 2018, the Office Manager for the Washington, DC. office of Senator 1 reported to that HAVEN had called the office and again made threatening statements. Below is a summary of the call: 0 ?At 4: 12 I received a call through the sw1tch board, a man calleIdeDdidn?t get 1118 name, he was upset at Hillary Clinton supposedly using rhetoric to mobilize democrats and put harm on the. Republican Party. I told him I don?t know that she said that, he said am going to take up my second amendment right, and shoot you liberals in the head, you pussy, fuck you.? The number came from the capitol extension, as I was taking the call, the number (9) 801 7 came up?. 12. On or about October 19, 2018, the Office Manager for the Washington, DC. office of Senator 1 reported to that called the office again today and made very similar statements to the threats he made yesterday.? A summary of "the call is below. 0 ?At 1:46 I received a call through the switchboard from ?Caller WireleSs?; phone number was The caller was upset about Democrats attempting to incite ?mob violence? and was angry at [Representative 3] and the ?Democrat party? for encouraging this behavior. I told him that the Democratic Party and [Senator 1] did not condone violence, to which he replied that ?We will exercise our 2?d amendment rights? to address any ?Democrat mobs? that threaten conservatives.? . 13. On November 13, 2018, FBI (UT) interviewed HAVEN outside his. residence at East .1800 South, Kaysville, UT. HAVEN stated the following (below is infermation provided by the FBI): - HAVEN stated that telephone number (801) was his cellular phone and primary phone number. I HAVEN admitted that he has called the Washington, DC. of?ce of Senator 1 several times. He explained the phone calls were made during periods of frustration with the way Democrats were treating President Trump. 0 HAVEN stated several times that Democrats were trying to steal elections in Florida, Georgia, and Arizona and nobody was doing anything about it. 0 HAVEN was advised of the statements reported by staff from the Washington, DC. of?ce of Senator 1. HAVEN initially denied the statements and said that those reporting the statements were ?making up? the statements to gain sympathy and make the. Senator or themselves look good. Case Document 1 Filed 06/03/19 Page 6 of 9 7 - HAVEN admitted to calling and making statements in support of the Second Amendment and in support of Brett Kavanagh. a When informed that one of his conversations with a Capitol Police Special Agent had been recorded, the one where HAVEN called the Special Agent a ?cun and threatened to .?beat his ass?? and that his use of such languagemade it dif?cult for the FBI to believe" he hadn?t made the calls to Senator 1 and used such language with congressional staff, HAVEN apologized. I HAVEN stated that the comments made during the phone calls were ?just . meaningless threats that were made out of frustration.? I HAVEN con?rmed that he understood that his actions would be "seen as advocating or threatening violence and indicated that he felt bad about causing that reaction. 0? HAVEN stated that with the visit from the FBI he would just stop calling Congress. HAVEN also stated that he owned a .22 caliber ?rearm. 1?4 of?ce of Senator 1 reported to the following: ?Our of?ce received a call from Mr. Haven from the number. Bel-ow is a summary. of the call from the staffer who spoke with Mr. Haven? 15. 0 ?The call came in around 1:37. He said that he was trying to teach his daughter about morality but he couldn?t do it while democrats like [Congresswoman were killing babies, then went on to say ?you guys really enjoy killing babies, huh? Do you like being a fucking baby killer you bitch?? On or abOut March 21 2019, the Of?ce Manager for the Washington, DC. of?ce of Senator 1 reported to the following: ?Our DC. of?ce received a call from Mr. Haven'this morning from the number. Below is a summary of the call from the person who spoke with Mr. Haven?. 0' A man called in at around 10:16 am saying if anyone in the Democrat Leadership refers to Trump as Hitler again he will raise his 2nd amendment right against them. He sounded very hostile and angry. I noted down his phone number: 6417.? Case Document 1 Filed 06/03/19 Page 7 of 9 16. On or about April 25, 2019, staff for the Washington, DC. of?ce of Senator 4, reported to .two calls received from (801) The male caller who identi?ed himself as ?Hitler,? was yelling, vulgar, and repeatedly said, in reference to Senator 4, ?I?ll put a bullet in his fucking head.? When staff asked the caller if he was aware that he was threatening a United States Senator, he said don?t care if he?s a Senator, telling him he needs abullet in his fucking head.? 17. On or about May 15, 2019, staff for the Washington, DC. of?ce of Representative . 4 reported to a call received at approximately 5:11 pm. from the Capitol A Switchboard, 121. The caller was talking about illegal immigration and sanctuary cities and. said that if Representative 4 didn?t do anything to stop it, the caller would ?use his Amendment right to blow the head off [Representative This call lasted for 2?3 minutes. Call records from the Capitol Switchboard for thatday revealed that HAVEN called the Capitol Switchboard from and that the call lasted for 2 minutes and 4 seconds. Records from show that phone number (801) called the "Capitol Switchboard at 5:about May 23, 2019, staff for the Washington, DC. of?ce of Representative 5 reported to a call received-at approximately'1510 hours from the U.S.1Capitol Switchboard (202) The caller stated that he ?was standing right behind him [Representative 5] and was going to take him out, because the Russians want him taken out, because he is trying to remove a duly elected President.? The caller also stated ?I?m at his office; I?m right behind him now. I?m going to shoot him in the head, I?m going to do it now, are you ready?? and ended the call. An exigent request submitted to Verizon Communications for all incoming calls received at (202) on May 23,2019, identi?ed phone- Case Document 1 Filed 06/03/19 Page 8 of 9 number (801) Records from show that phone number (801) called the Capitol Switchboard about May 28, 2019, the Office Manager for the Washington, DC. office of Senator 1, reported to a threatening call transferred from the US. Capitol Switchboard at approximately 1237 hours. The male caller, who identified" himself as George Washington, threatened to ?come up here and blow some fucking heads off,? referring to Senator 5 and former Secretary of State John Kerry. The exigent request submitted 'to. Verizon Communications for all incoming calls received at (202) on May 28, 2019, identified phone number (801) Records from show that phone number (801) called the Capitol Switchboard at 12:37 pm. 20. After receiving notifiCation of these threats, US CP Obtained certain records from the cellular provider of the phone number (801) These records con?rmed the subscriber as HAVEN with an address of East 1800 South, Kaysville, UT 84037. records provided latitude and longitude of the location from which HAVEN made the calls. . These coordinates show that the HAVEN made the calls from within the District of Utah. records also show theextreme Volume of calls HAVEN makes to the Capitol A Switchboard.? From May 17, 2018 to October 29, 2018-, approXimately fine and a half months, toll records show 1,499 outgoing calls fromi(801) to the Capitol Switchboard. In addition, from May 1, 2019 to May 28, 2019, records show that 850 calls were made from (801) to the Capitol Switchboard. Case Document 1 Filed 06/03/19 Page 9 of 9 CONCLUSION . 21. . Based upon the facts set forth in this af?davit, I believe that probable cause exists to' support charges against Scott Brian Haven for violation of Title 18', UnitedStates Code, Section 875(c). . DATED this 3rd day of June, 2019. VINCENT visnoz Special Agent, United States Capitol Police Approved: . . JOHN W. HUBER United States Attorney OKML Assistant United ta es Attorney SUBSCRIBED AND SWORN TO BEFORE ME this 3rd day' of June, 2019. PA M.. WARNER Chief United States Magistrate Judge