UNCLASSIFIED//FOR OFFICIAL USE ONLY 15 October 2019 (U//FOUO) Two Individuals Federally Charged in Connection with Dakota Access Pipeline-related Incidents (U) Scope (U//FOUO) This Joint Intelligence Bulletin (JIB) is intended to provide information on two individuals, Ruby Katherine MontoyaUSPER and Jessica Rae ReznicekUSPER, indicted on 19 September 2019 on a variety of federal charges in connection with pipeline-related incidents from 2016-2017. This JIB is provided by the FBI and DHS to support their respective activities and to inform and assist federal, state, local, tribal, and territorial government counterterrorism and law enforcement officials and private sector security partners in deterring, preventing, or disrupting terrorist attacks against the United States. All events described in this JIB are taken from the federal indictment in support of the arrest warrants and criminal complaints filed in this investigation. The charges contained in the criminal complaint are mere allegations; as in any criminal case, the defendant is presumed innocent until proven guilty in a court of law. IA-38952-20 (U) Warning: This document is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information that may be exempt from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is not to be released to the public, the media, or other personnel who do not have a valid need to know without prior approval of an authorized DHS official. State and local homeland security officials may share this document with authorized critical infrastructure and key resource personnel and private sector security officials without further approval from DHS. (U) This product contains US person information that has been deemed necessary for the intended recipient to understand, assess, or act on the information provided. It has been highlighted in the document with the label USPER and should be handled in accordance with the recipient’s intelligence oversight handling procedures. UNCLASSIFIED//FOR OFFICIAL USE ONLY UNCLASSIFIED//FOR OFFICIAL USE ONLY (U) Circumstances (U//FOUO) According to the indictment, Montoya and Reznicek allegedly conducted several incidents of arson between at least November 2016 and May 2017 in an attempt to damage several parts of the Dakota Access Pipeline (DAPL).a At least three of these incidents involved the use of an oxy-acetylene torch and at least one incident involved the use of gasoline-soaked rags on tires. » (U//FOUO) Montoya and Reznicek are charged with violation of Title 18 United States Code § 2 (Aiding and Abetting), Title 18 United States Code §1366(a) (Conspiracy to Damage an Energy Facility), Title 18 United States Code § 844(h) (Use of Fire in the Commission of a Felony), and Title 18 United States Code § 844(i) (Malicious Use of Fire). » (U//FOUO) By at least as early as 8 November 2016, and continuing until 2 May 2017, Montoya and Reznicek knowingly and willfully damaged or attempted to damage the property of an energy facility involved in the transmission and distribution of fuel, and caused a significant interruption and impairment of an energy facility. » (U//FOUO) According to the indictment, the defendants knowingly used fire, namely an oxy-acetylene cutting torch, to maliciously damage and destroy property used in interstate commerce in 2017 in three locations containing portions of the DAPL in Mahaska County, Boone County, and Wapello County, Iowa. » (U//FOUO) On or about 9 April 2017, Montoya and Reznicek used fire, namely tires ignited by fire and gasoline soaked rags to damage and destroy Valve Site 460 of the DAPL in Wapello County, Iowa, according to the indictment. » (U//FOUO) On 1 October 2019, Reznicek had her initial court appearance in the Southern District of Iowa, and was conditionally released pending trial. On 4 October, Montoya appeared in court in the District of Arizona. She was conditionally released and ordered to appear in Iowa at a later date. (U//FOUO) Potential Reaction to the Arrests by Environmental Extremists b (U//FOUO) Opposition to the extraction, use, and transportation of fossil fuels, to include infrastructure development projects and entities associated with the oil and natural gas industry, continues to be a prominent driver for criminal activity by environmental extremists, particularly in cases such as the DAPL where this activity can occur in proximity to farmlands, waterways, and urban or Native American lands. While we have no specific targeting or threat information, the FBI and DHS assess it is possible environmental extremists may commit criminal acts potentially destructive of critical infrastructure, such as property damage, to express solidarity with those arrested in the near term. (U) The DAPL, also known as the Bakken Pipeline, is a crude oil pipeline extending from North Dakota’s northwest Bakken oil fields through parts of South Dakota and Iowa to a distribution hub in Patoka, Illinois. Construction of the pipeline began in 2016 and became commercially operational in June 2017. b (U//FOUO) The FBI and DHS define an environmental extremist as individual who seeks, wholly or in part, through unlawful acts of force or violence to further their opposition to people, businesses, or government entities perceived to be damaging, destroying, or exploiting the natural environment. The mere advocacy of political or social positions, political activism, use of strong rhetoric, or generalized philosophic embrace of violent tactics may not constitute extremism, and may be constitutionally protected. a UNCLASSIFIED//FOR OFFICIAL USE ONLY Page 2 of 4 UNCLASSIFIED//FOR OFFICIAL USE ONLY (U) Outlook (U//FOUO) The alleged activities of the persons arrested underscore the continued threat posed by environmental extremists. Law enforcement and security personnel should be cognizant of other ongoing or potential development or expansion projects that may inspire acts of environmental extremism. (U) Indicators (U) Due to the highly personal nature of radicalization and mobilization to violence, it is difficult to determine definite indicators that are indicative of US-based violent extremists’ intent to commit violence.c Some observed activities that may be suspicious include constitutionally protected activity. No single indicator should be the sole basis for law enforcement action. Speech, actions, beliefs, appearances, and/or way of life do not, in and of themselves, equate to a suspicious individual. These activities should not be reported absent articulable facts and circumstances that support the source agency’s suspicion that the observed behavior is not innocent but, rather, reasonably indicative of criminal activity associated with terrorism. (U) Possible indicators of potential criminal activity by environmental extremists may include the following: » (U) Violent threats against construction projects; » (U) Graffiti in opposition to infrastructure projects that identifies environmental extremist movements appearing in areas of construction; » (U) Equipment sabotage to delay construction; » (U) Threatening telephone calls or e-mails to businesses or contractors associated with the construction referencing environmental concerns; » (U) Internet postings threatening cyber or physical attacks against businesses associated with the construction; » (U) Signs of trespassing or suspicious persons in areas of construction consistent with pre-incident surveillance; or » (U) Attempts to obtain materials that could be used to construct improvised incendiary or explosive devices in areas of construction. (U//FOUO) The FBI and DHS define radicalization as the process through which an individual changes from a nonviolent belief system to a belief system that includes the willingness to actively advocate, facilitate, or use unlawful violence as a method to affect societal or political change. c UNCLASSIFIED//FOR OFFICIAL USE ONLY Page 3 of 4 FOP. AL USE ONLY (U) Report Suspicious Activity (U) To report suspicious activity, law enforcement, private security personnel, and emergency managers should follow established protocols; all other personnel should call 9 I or contact local law enforcement. Suspicious activity reports (SARs) will be forwarded to the appropriate fusion center and FBI Joint Terrorism Task Force for further action. For more information on the Nationwide SAR Initiative. visit (U) Administrative Note: Law Enforcement Response Information contained in this intelligence bulletin is for of?cial use only. No portion of this bulletin should be released to the media. the general public. or over nonsecure Internet servers. Release of this material could adverser affect or jeopardize investigative activities. (U) For comments or questions related to the content or dissemination of this document, please contact the Counterterrorism Analysis Section by e-mail at or the Production Branch by e-mail at lA.PM@hq.dhs.gov. (U) Tracked by: HSEC-8.2. HSEC-8.3. HSEC-8.5, HSEC-8.6.2.9. HSEC-8.8 FOP. AL USE ONLY Page4of4 CLASSIFICATION: OFFICIAL USE ONLY P101116 1 alld Office of Intelligence and Analysis Secu ri ty Customer Feedback Form Product Titlei TWO Individuals Federally Charged in connection with Dakota Access Pipeline-related Incidents All survey responses are completely anonymous. No personally identifiable information is captured unless you voluntarily offer personal or contact information in any of the comment fields. 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