Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 1 of 15 Page D# 2 Alexandria Division UNITED STATES OF AMERICA v. 3 Case No. ANDREW ON THOMASBERG, UNDER SEAL Defendant. I AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT I, Shawn M. Matthews, a Special Agent with the Federal Bureau of Investigation, being ?rst duly sworn, hereby depose and state as follows: INTRODUCTION AND BACKGROUND 1. I am a Special Agent with the Federal Bureau of Investigation and have been so employed since January 2005 . Prior to my work with the FBI, I worked in law enforcement as a municipal police of?cer in West Virginia and Virginia for a period of nine years. I hold a Bachelor?s Degree in Criminal Behavior and a Master?s Degree in the Administration of Justice. Additionally, I have received specialized training from the FBI, the West Virginia State Police Academy, and the Roanoke Virginia Police Academy, relevant to the investigation of narcotics, weapons, and computer-related crimes to include computer forensics training. I have experience and specialized training related to the collection of narcotics, weapons, and computer-related evidence, and have personally participated in search warrants involving the search and seizure of weapons, narcotics, and computer-related equipment. As a federal agent, I am authorized to investigate violations of laws of the United States Code, and as a law enforcement of?cer I am authorized to execute warrants issued under the authority of the United States. Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 2 of 15 Page D# 3 2. This af?davit is in support of a criminal complaint charging ANDREW JON THOMASBERG, on or about October 18, 2017, in the Eastern District of Virginia, in connection with the acquisition or attempted acquisition of any ?rearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, with knowingly making any false or ?ctitious oral or written statement intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such ?rearm or ammunition, in violation of 18 U.S.C. 922(a)(6), and (ii) between on or about November ?2018 to March 2019, in the Eastern District of Virginia, with possessing a ?rearm while being an unlawful user of or addicted to any controlled substance, in violation of Title 18, United States Code, Section 922(g)(3). 3. The facts of this af?davit come from my personal observations, training and experience, legal processes, and from information obtained through other agents, and witnesses. Since this af?davit is being submitted for the limited purpose of establishing suf?cient probable cause for the requested 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 for the issuance of the arrest warrant requested herein. PROBABLE CAUSE Straw Purchase 4. On October 18, 2017, while employed at Sterling Arsenal, Sterling, VA, within the Eastern District of Virginia, THOMASBERG completed the purchase of an Arsenal SAM7R, 7.62xS9, AK-47 assault?style ri?e, bearing serial number BA532035. According to an interview with the owner of Sterling Arsenal, this purchase was made directly from a third-party ?rearm distributor that sells ?rearms to Sterling Arsenal. According to the owner of Sterling Arsenal, Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 3 of 15 Page D# 4 ?rearm purchase was made while THOMASBERG was employed at Sterling Arsenal, without the consent of the Sterling Arsenal owner and in violation of Sterling Arsenal policy. 5. In purchasing these ?rearms, THOMASBERG completed necessary forms provided by the United States Department of Justice?s Bureau of Alcohol, Tobacco, Firearms, and Explosives In particular, THOMASBERG completed and signed an ATF Form 4473 for this purchase on October 18, 2017. On this form, THOMASBERG provided his telephone number, email address, and home address. ATF Form 4473 includes Question 11.a. ?Are you the actual transferee/buyer of the ?rearm(s) listed on this form? Warning: You are not the actual transferee/buyer if you are acquiring the ?rearrn(s) on behalf of another person. If you are not the actual transferee/buyer, the license cannot transfer the ?rearm(s) to you. Exception: If you are picking up a repaired ?rearm(s) for another person, you are not required to answer Ma and may . proceed to question 11.b.? THOMASBERG checked ?yes? to this question, indicating he was in fact the purchaser of the aforementioned ?rearm. 6. According to the owner of Classic Firearms, a ?rearms distributor based in Indian Trail, North Carolina, the purchase of the above-mentioned ?rearm was made on the Classic Firearms website through the customer pro?le of THOMASBERG on or about October 8, 2017, for a total purchase amount of $1,336.19. The purchase form indicated a shipping address for the Sterling, VA business address of Sterling Arsenal. The payment and billing information was for an individual known to me, referred to here at Individual B.B., located in Elkridge, Maryland. Bank records for Individual B.B. corroborate a $1,336.19 charge to Individual B.B. for a purchase from Classic Firearms, processed on or about October 10, 2017. Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 4 of 15 Page D# 5 7. According to a cooperating witness (hereinafter Individual B.B. directed THOMASBERG to make the ?rearm purchase on Individual behalf. CW 1 was present for conversations between Individual BB. and THOMASBERG, during which Individual B.B. directed the purchase of the aforementioned ?rearms. 8. On June 6, 2019, agents of the FBI, including the undersigned, executed a search warrant for the residence of Individual B.B. based on separate charges. The aforementioned ?rearm was seized from the residence of Individual B.B. at that time. 9. According to an invoice for the purchase, the ?rearm was shipped from MSR Distribution, a supplier in Las Vegas, Nevada to Sterling Arsenal in Sterling, Virginia. Possession of Firearms 10. In an interview conducted on or about December 27, 2018, a cooperating witness (hereinafter an individual close to THOMASBERG, stated that, at the time of the interview, THOMASBERG owned three to four ?rearms. CW 2 also stated that THOMASBERG, for years, including through the time of the interview, regularly carried a handgun on his person. 1 1. CW 2 resided with THOMASBERG at the time of the interview, within the Eastern District of Virginia, and provided the FBI with recent pictures, set forth below, of multiple ?rearms in bedroom. CW 2 took these photographs prior to the interview with the FBI, and did not take them at the direction of the FBI. Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 5 of 15 Page D# 6 12. In interviews conducted With CW 1, in or about. June 2019, CW 1 stated that THOMASBERG has and continues to possess and carry ?rearms on his person. CW 1 stated that THOMASBERG is in continuous possession of a ?rearm and has been for at least the last two year period. . 13. Invoice records from Classic Firearms indicate that on or about April 25, 2016, THOMASBERG purchased a Finnish M39 Ri?e, 7.62x54, bearing serial number 63933, ?om Classic Firearms and had it shipped to Silver Eagle Group a Federal FirearIns License Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 6 of 15 PageID# 7 holder, in Ashbum, Virginia. THOMASBERG completed an ATF Form 4473 through SEG and took possession of the ?rearm on or about that same date. A 14. Transaction invoices provided by SEG show that, on or about April 25, 2017, THOMASBERG purchased an lower receiver, bearing serial number 2A2621, from SARCO INC., a ?rearms dealer based in Easton, and had it transferred through SEG. Based on my training, knowledge, and experience, a ?lower receiver? is a reference to an AR-15 ri?e and is the registered, serialized, and regulated portion of the ?rearm. 15. According to business records received from Sterling Arsenal on or about August 10, 2017, THOMASBERG submitted a Charles Daly Pistol, bearing serial number HP00626, for repairs at Sterling Arsenal. 16. According to records received and reviewed from the Fairfax County Police. Department, in July 2019, THOMASBERG submitted his application for a concealed carry permit with the Fairfax County Police Department, Fairfax, VA, which denied his application. 17. On or about July 22, 2019, THOMASBERG purchased a new handgun from Vienna Arsenal, Vienna, VA, an HK, P30, 9 mm bearing serial number 213-028956. On or about July 22, 2019, THOMASBURG completed an ATF Form 4473 for this purchase. 18. In July 2019, the FBI Washington Field Of?ce conducted phone exploitation of Individual cellular phone, pursuant to a federal search warrant, wherein discovered Signal messaging Individual BB, and a contact identi?ed as ?Drew? with phone number (hereinafter ?Phone Number 8028? or discussing narcotics activity and weapons. Based on Sterling Arsenal, Classic Firearms, SEG, Fairfax County Police Department, and FBI database records, Phone Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 7 of 15 Page D# 8 Number 8028 is known to the undersigned agent as cellular phone number. ?Drew? is a nickname THOMASBERG identi?es by. 19. During the July 2019 exploitation of Individual phone, observed text messages over the application Signal between Individual BB. and THOMASBERG that appeared to be discussions involving possession of ?rearms and transactions related to ?rearms and ammunition. a. On or about November 2, 2018, THOMASBERG texted Individual B.B., ?Yo I found you a kickass upper receiver for your ar build. Its even better than mine. All it needs is a built lower receiver and a new muzzle brake and your g2g.? Later that same day, THOMASBERG texted Individual B.B., can cannibalize it for you and xfer it to an engage upper lower set like I have.? b. On or about March 24, 2019, THOMASBERG texted Individual B.B., ?Wanna whip me to richy? Need a roadtrip partner. Trading the saiga.? Based on my knowledge, training and experience, ?Saiga? is a manufacturer of ?rearms. Individual B.B. responded, ?Can?t today I?m busy.? THOMASBERG responded with a photograph, set forth below, of an assault style ri?e in the trunk of a car, indicating he traded the Saiga ?rearm for the ?rearm shown. Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 8 of 15 Page D# 9 The weapon shown is a magazine-fed semiautomatic ri?e. Also shown in the image is a bag containing multiple box-style magazines. THOMASBERG wrote, ?All that for the saiga.? c. On or about March 25, 2019, THOMASBERG texted Individual B.B., can get used to this. . . .. 99 cents a mag if I buy in bulk.? Individual B.B. responded Based on my knowledge, training andiexperience, ?mag? refers to a magazine which is used to feed ammunition into a weapon, and ?.308? is a caliber of ri?e ammunition. 20. During the July 2019 exploitation of Individual phone, observed text messages over the application Signal between Individual B.B., THOMASBERG, and another individual that appeared to be discussions of possession of ?rearms. I a. On or about June 1, 2019, THOMASBERG texted the group, ?wa, you?re carrying enough gear and supplies to set the new high score and wouldn?t want to have to explain that to a cop.? Based on my knowledge, training and Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 9 of 15 Page D# 10 experience, ?high score? in this context refers to the largest number of persons killed in a mass shooting. 21. Based on my training and experience, I know that the ?rearms discussed in this af?davit, and particularly in Paragraphs 4, 11, 13?15, and 17 constitute ?rearms, pursuant to Title 18, United States Code, Section 921(a)(3), were not manufactured in the Commonwealth of Virginia and, therefore, the ?rearms traveled in, and/or affected interstate commerce. Contemporaneous Drug Use 22. The ATP Forms 4473, which THOMASBERG ?lled out on or about October 18, 2017, and'on or about July 22, 2019, included Question E, which reads: ?Are you an unlawful user or addicted to marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.? On both forms, THOMASBERG checked ?no? in response to this question. THOMASBERG certi?ed that his answers were true and that he was aware that a false answer was punishable as a felony under federal law. 23. During the July 2019 exploitation of Individual phone, observed text messages over the application Signal between Individual BB. and THOMASBERG that appeared to be discussions of narcotics activity. a. On or about November 2, 2018, the following messages were exchanged: i. THOMASBERG texted Individual B.B., ?Yo im gonna start tripping again. Nazis.? Based on my investigation, both THOMASBERG and Individual B.B. have associations with white supremacist organizations, such as Attomwaffen Division. Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 10 of 15 Page D# 11 ii. iv. Individual B.B. texted THOMASBERG, ?Shrooms? Lsd?? Based on my training, knowledge, and experience, ?Shrooms? refers to Psilocybin mushrooms, mushrooms which contain properties and are used illegally as a hallucinogen. Based on my training, knowledge, and experience, psilocybin mushrooms are a Schedule I controlled substance. THOMASBERG texted Individual B.B., ?Sid.? Based on my training, knowledge, and experience, ?Sid? refers to LSD. Based on my training, knowledge, and experience, LSD is a Schedule I controlled substance. THOMASBERG texted Individual BB, feel the calling to start tripping again. I just cant go balls deep like I did last time. Space it out like every month or so. Not every two weeks.? b. On or about November 9, 2018, the following messages were exchanged: i. ii. THOMASBERG texted Individual BB, ?1 have extra btc, are there any substances youd like to try.? Based on my training, knowledge, and experience, ?btc? refers to Bitcoin. THOMASBERG texted Individual B.B., ?Theres nothing more Aryan than entheogenic drug use. Drug addiction is untermensch.? Individual B.B. replied THOMASBERG, ?That?s debatable. But I still have a bunch of shrooms anyway.? THOMASBERG responded to Individual B.B., ?Literally since the dawn of time weve been harnessing the powers of nature and its fruits to expand our consciousness. Better 10 Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 11 of 15 Page D# 12 understanding our world and universe, creating tech and our environments to our likeness.? Individual B.B. texted THOMASBERG, ?How about some lsd? I?m guessing that?s something you copped already.? THOMASBERG replied to Individual B.B., ?No but I can.? 0. On or about November 10, 2018, THOMASBERG texted Individual B.B., ?its amazing how acid opens your eyes.? d. On or about November 14, 2018, the following messages were exchanged: i. ii. THOMASBERG texted Individual B.B., ?Do some digging on forums and tell me what xtal you want for the lucy,? Based on my training, knowledge, and eXperience, ?xtal? refers to LSD and is referenced with a name of a speci?c LSD based on the quality of the and ?lucy? refers to LSD. THOMASBERG texted Individual B.B., ?Options are, dutch rose, ?uff, canadian needlepoint, and norcal. Ive had all except the norcal.? I Based on my training, knowledge, and experience, ?dutch rose,? ?gdf - ?uff,? ?Canadian needlepoint,? and ?norcal? refer to variations of LSD based on the quality of the and its purity. THOMASBERG texted Individual B.B., ?He also had micro dosetabs.? Based on my training, knowledge, and experience, ?micro dose tabs?? refers to paper tabs containing LSD which are generally placed on the. tongue as a form of consumption. 11 Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 12 of 15 Page D# 13 e. On, or about November 28, 2018, THOMASBERG texted Individual B.B., ?My old plug is offering a lb for 900. if youre interested.? Individual B.B. I reSponded, ?Intrigued.? f. On or about January 21, 2019, THOMASBERG texted Individual B.B., ?still on the straight edge? Bc im thinking of scooping more carts today. If youre inclined we could group scoop.? THOMASBERG added, ?sour banagie, sunset sherbet, purple punch, girl scout cookies, wedding cake, gelato. Take yer pic Individual B.B. responded, ?Purp.? THOMASBERG responded and asked, ?Wanna link and do that or you want me to scoop for you?? Individual B.B. responded, ?Just scoop for me, I gotta do a load or two of laundry before I head out.? Based on my training, knowledge, and experience, ?carts? refers to ?vape pen? cartridges that contain tetrahydrocannabinol (THC) oil, the main ingredient in marijuana. Based on my training, knowledge, and ,9 6? 9, ?6 experience, ?sour banagie, sunset sherbet, purple punch,? ?girl scout cookies,? ?wedding cake,? and ?gelato? refer to' various strains of marijuana. Based on my training, knowledge, and experience, marijuana and THC oil are Schedule I controlled substances. On or about January 26, 2019, the following messages were exchanged: i. THOMASBERG texted Individual B.B., ?Got that moda?nil. Im only 90m in and im blown away. This stuff is worth its weight in gold.? Based on my training, knowledge, and experience, ?Moda?nil? refers to a Schedule IV controlled substance, which can be abused as speed or an ?upper.? 12 Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 13 of 15 Page D# 14 ii. Later in the conversation, Individual B.B. asked, ?Provigil?? THOMASBERG responded ?its exactly that. I got the best of the best. Armoda?nil (nuvigil).? Based on my training, knowledge, and experience, ?Provigil? refers to the pharmaceutical generic for Moda?nil, ?Armoda?nil? and ?Nuvigil? are a similar drug under a different brand name. Later in the same conversation, Individual B.B. responded, ?Wonder how one goes about ?nessing a prescription?? THOMASBERG replied, ?Hehehe. India my dude.? h. On or about March 4, 2019, THOMASBERG texted Individual B.B., ?Con?rmed, cops are dumb assholes and the carts are the way. Some jackass pulled me over after 10min cat and mouse. Bc of my ?inspection sticker. Didnt smell shit.? Records obtained from the Loudoun County Virginia Sheriff?s Department indicate THOMASBERG was stopped on March 4, 2019, at 8:09 AM, for an inspection sticker violation. 24. During the July 2019 exploitation of Individual phone, observed text messages over the application Signal between Individual B.B., THOMASBERG, and another individual that appeared to be discussions of narcotics activity. a. On or about November 1, 2018, THOMASBERG texted the group, could do it if could sit still. But I need drugs for that and my opium doesnt get here until fri or sat. . Based on my training, knowledge, and experience, opium is a Schedule II controlled substance. 13 Case 1:19-cr-00337-LO' Document 2 Filed 09/18/19 Page 14 of 15 Page D# 15 b. On or about February 9, 2019, THOMASBERG texted the group, ?Moda?nils a funny drug.? 25. Many of their conversations concerning illegal drug use occurred between November 2018 and March 2019, around the time THOMASBERG was reported to be in cOnstant possession of ?rearms, and involved in the trade of a Saiga semiautomatic assault ri?e, discussed in Paragraph 19.b. CONCLUSION 26. Based on my training and experience, and the information provided in this af?davit, I respectfully submit that there is probable cause to believe that on or about October 18, 2017, in the Eastern District of Virginia, THOMASBERG, in connection with the acquisition or attempted acquisition of any ?rearm or ammunition from a licensed, importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly made any false or ?ctitious oral or written statement intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such ?rearm or ammunition, in violation of Title 18, United States Code, Section 922(a)(6), and (ii) between on or about November .2018 to March 2019, in the Eastern District of Virginia, THOMASBERG possessed a ?rearm while being an unlawful user of or addicted to any controlled substance, in violation of Title 18, United States Code, Section 922(g)(3). 14 Case 1:19-cr-00337-LO Document 2 Filed 09/18/19 Page 15 of 15 Page D# 16 I declare under penalty of perjury that the statements above are true and correct to the best ?air 5%m M. Matthews Special Agent Federal Bureau of Investigation of my knowledge and belief. Sworn and subscribed to before me this . 6 day of September, 2019. - arroll Buchanan Honorable Theresa Magistrate Judge United States Magistrate Judge Alexandria, Virginia 15