EFTA00173481.pdf
dataset_9 pdf 4.0 MB • Feb 3, 2026 • 88 pages
I, Aaron E. Spivack, having been duly sworn by Supervisory
Special Agent (SSA) Dannie W. Price, Jr., hereby make the
following statement to SSA Price and SSA Matthew A. Zavala on
01/26/2024 and SSA Price and SSA Claudia Dubravetz on
08/08/2024, whom I know to be SSAs of the Federal Bureau of
Investigation (FBI), assigned to the Inspection Division (INSD)
at the time of my statement. My attorney, Richard J. Roberson,
Jr., was present during my statement on both occasions, via
telephone. This statement took place over a two-day period. The
statement initiated on 01/26/2024, and again on 08/08/2024,
after additional allegations were added:
I entered on duty (EOD) on 02/21/2006, as an Intelligence
Analyst (IA). I EOD on 10/08/2008, as a Special Agent (SA) and I
am currently assigned to the New York Field Office (HYPO) in
that capacity.
I understand that this is an internal investigation
regarding an allegation that Special Agent Aaron E. Spivack
improperly stored digital evidence at his residence in violation
of 1.6- Investigative Deficiency- Improper Handling of Property
in the Care, Custody, or Control of the Government. On
10/30/2023 the following expanded allegations were added:
Special Agent Aaron E. Spivack improperly handled, documented,
and stored digital evidence and failed to secure CSAM within
policy, resulting in a cyber intrusion in violation of 1.6-
Investigative Deficiency- Improper Handling of Property in the
Care, Custody, or Control of the Government and 5.17- security
Violation- Failure to Secure sensitive Equipment/ Materials. On
EFTA00173481
02/07/2024 the following expanded allegations were added:
Special Agent Aaron E. Spivack exceeded the limits of his
authority by contracting an outside company to develop computer
software on behalf of the FBI in violation of 2.8 Misuse of
Position and 5.23 Violation of Miscellaneous Rules/Regulations.
I have been further advised of my rights and
responsibilities in connection with this inquiry as set forth on
a "Warning and Assurance to Employee Required to Provide
Information" form FD-645 which I have read and signed. I
understand from my review of the FD-645 that should : refuse to
answer or fail to reply fully and truthfully during this
interview, I can expect to be dismissed from the rolls of the
FBI.
this here
E (EM)
EFTA00173482
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I am currently assigned to CT-25, a Domestic Terrorism
squad, but assigned to an Enterprise Investigation that is a
hybrid of Domestic Terrorism and Child Exploitation violations.
I was assigned to squad CY-3 in May 2010 and officially named on
the squad in July 2010. This was when the FBI's child
exploitation program was referred to as "Innocent Images" and
fell under the Cyber Division, while Squad C-20 was the Human
Trafficking (HT) squad at the time. I believe it was 2015 when
Violent Crimes Against Children (VCAC) and HT programs were
combined under the FBI's Criminal Division, which led to the
merger of the violations in the NYFO under squad C-20. The Squad
is split and has the HT side and the VCAC side, and I was a VCAC
Agent. Agents primarily work their assigned violations, but we
come together as a squad for operations.
I have been with the FBI for over 18 years, having spend
the last 16 years as an Agent. I have been one of the FBI's
leading Agents in Child Exploitation investigations and to this
day, I believe that I am one of, if not the only, Court-
EFTA00173483
certified expert witness for the entire FBI for child
exploitation. I have personally accounted for aniseem4mately over
60 arrests, 150 search warrants, and have been responsible for
rescuing several hundreds of children.
cud to INSD and
ardect
Head•uarters (
ssistant Director in
Char•e
(AD) (DD)
ce
EFTA00173484
Assistant United States Attorney's Officc-c (U(AUSA's)I
des•it-
AUSAs.
Last month
Eoordinator
I believe Digital Extraction Technician (DExT) training was
opened to VCAC Agents in 2012. Scott Ledford was my instructor
for DExT. As of 2023, I knew Ledford was a Unit Chief (DC) and
led the Cyber Action Team (CAT). I believe at least three or
four of us initially received DExT training in approximately
EFTA00173485
2012, but I think all of us working Innocent Images/VCAC on the
squad were eventually trained. However, once the child
exploitation program moved from the Cyber Division to the
Criminal Division, that changed. The funding we received through
the Criminal Division was significantly less than what we
received through Cyber Division, so the DExT program was no
longer able to put on as many classes and certify as many people
as it had before. By the time of the intrusion that forms the
basis of this internal inquiry, only about half of the "child
exploitation" Agents on my Squad were DExT certified. This is
whilc vc wcrc still with CY 3.
We got certified because the Computer Analysis Response
Team (CART) was long overburdened and not familiar with the
nuances of the child exploitation violation, such as the types
of programs used by offenders, the vernaculars, etc. It was also
known, and something I witnessed personally, that due to the
reliance on CART and how long it would take for them to prepare
a case for review, "hands-on" offenders were not being arrested
in a timely manner. This resulted in the continuation of child
victimization at the hands of the offenders the FBI was actively
investigating. This was around the same time Agents working
other violations began to also see an increase in the collection
and reliance upon digital evidence in their cases. As DExTs, we
were encouraged, and in some cases I believe required, to assist
EFTA00173486
CART with their backlog by conducting DExT extractions for other
squads. The other reason was to eliminate the lag time in
searching evidence and identifying contact offenders (offenders
who physically exploited or physically assaulted children)
sooner.
VCAC investigations are different than most other FBI
investigations since, in VCAC investigations, a search warrant
is generally executed in the early stages of an investigation,
and the evidence needed to arrest and charge an offender is
usually derived from the materials seized during the execution
of a search warrant. Whereas other squads, generally speaking,
execute search warrants at the culmination of their
investigations.
Mike Osborn was a UC of the Crimes Against Children Human
Trafficking Unit (CACHTU) at FBI HQ Headquarters (HQ) and
eventually an Assistant Special Agent in Charge (ASAC) at NYFO.
He was a huge proponent of DExT. Being DExT trained allowed us
to conduct our own data extractions faster, but more
importantly, it allowed for a faster and more efficient way of
identifying "contact", or "hands-on", offenders and, thus, rescue
child victims of sexual abuse before they could be further
victimized.
After becoming DExT certified, we received DExT equipment
that allowed us to image, process, and better review the digital
files. The DExT training allowed us to better use FBI analytical
programs to review digital evidence. Being DExT certified
allowed us to assist CART by offering an alternative for other
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squads to use for data extractions. At the time, CART was not
located in NYFO Headquarters City (HQC). CART was located in
Moonachie, New Jersey. It could take an hour to get to the CART
lab from the NYFO. CART evidence reviews needed to take place
there and it could take all day. CART eventually moved to NYFO,
HQC.
The volume of data extractions we took on lessened the
burden on CART. At least in New York, CART only had one or two
examiners who could handle data extractions immediately, and
almost certainly none who could respond after hours or on
weekends.
Since we dealt with child victims, it was, and is,
imperative that the digital evidence be processed immediately.
In nearly every child exploitation investigation the digital
evidence is quite literally the evidence to prove the crime and
without a prompt review, there is no probable cause to effect an
arrest, putting the lives of child victims in continued danger.
it is that very risk, the risk of continued abuse, that has
prompted the FBI to enact new policies requiring expeditious
investigation into allegations of child exploitation. This
includes the expeditious review of evidence.
Prior to the DExT training, onsite forensics,
was not really a practice. We had to take digital evidence back
to the office to view it and we relied more on the post-search
interview. After a search, we had to go back and arrest an
offender once we found the evidence. This made for a
EFTA00173488
significantly more dangerous arrest because the offenders knew
we were coming. There was also the potential for offender
suicide. We had three offender suicides that I can recall.
NYFO SAS Linh Phung, Thomas "Tommy" Thompson, Mitch
Thompson, and I were DExT trained. SA Cindy Wolff (aka Cindy
Dye) was also DExT trained. Cindy was the last to be trained
while our squad fell under Cyber Division. At the time, I was
the most junior Agent on the squad. Before being DExT trained,
all of our digital evidence was submitted to CART for data
extractions, imaging, and processing. We did have access to the
Case Agent Investigative Review (CAIR) system, a forensic tool
for data review, but the program was slow, not capable of
handling large evidence reviews, did not work all that well, and
did not do what we in the child exploitation program needed it
to do. As a result, rather than using CAIR, Agents on the squad
opted to travel to Moonachie, , where CART was
located, to conduct their reviews on site versus over the CAIR
network. The ineffectiveness of CAIR was no secret and was
EFTA00173489
widely known, and one of the reasons for the creation of the
autonomous DExT labs.
After collecting digital evidence, I would enter the
digital evidence into the Evidence Control Unit (ECU) and get a
1B evidence number assigned. I would then enter a CART request
with a description of what forensic examinations I needed to be
performed and information on the device that needed to be
extracted. Then I would submit it to CART. It could take a day
or two to get the evidence to CART and the amount of time it
would take CART to process the evidence varied. It could take
weeks or months. Once it was extracted, CART would process it in
the Forensic Tool Kit (FTK). We could review the data on CAIR or
go to Moonachie to review it. Everyone on the squad, for the
most part, chose to go to Moonachie. CART Digital Forensic
Examiners Stephen Flatley and Carlos Koo eventually set up a
spot in NYFO, HQC to do data extractions.
Even after receiving DExT training, we used CART for things
like very large media dumps/extractions and encrypted files. We
also used them to help us with understanding what some of the
digital evidence was. I believe CART may have provided us
digital copies of the data extraction and I think it may have
been on DVDs. They would have been accessible on Operational
Wide Area Network (OPWAN) aS well
. I do not recall
what we did with the copies on DVD. CART may have checked them
into evidence and provided a working copy. The DExT trained
Agents would do data dumps on everything we could like hard
EFTA00173490
drives, loose media, and thumb drives.
In 2015, generally if it was a device we could image, we
would follow this process. We would use write blockers to assure
we did not accidentally manipulate the original data. We would
create an image of our evidence; sometimes we would use another
hard drive. We imaged and processed the data. We had some hard
dr4yetdrivesl but I am not sure where they came from. I believe
HQ sent us a box of hard drives. I also believe CART may have
given us some as well.
We used a forensic duplicator called a TD3, and later a TX-
1 as well as FTK Imager, to image a device onto a hard drive and
make the derivative evidence. We would then make a working copy
image off of the derivative evidence. We would then work off of
the working copy.
I am pretty sure the derivative evidence was cataloged and
placed in the NYFO ECU if that was the policy, but if that was
not the policy we would not have done that. The DExT Program
provided us with Redundant Array of Independent Disks (RAIDS).
These RAIDs were to be used to house our working copy evidence
images. I initially advised the interviewing SSAs, once we ran
out of hard drives for derivative evidence, we were instructed
to use the RAIDs and that these instructions came from either a
r my supervisor. This is true, as it was the SSA and
the case Agent for our squad's whose responsibility it
was to request and receive funding and equipment. Any requests
EFTA00173491
that we needed were routed through them, and the case
Agent was also one of our DExT Agents who also faced the same
issues of not having the hard drives to create derivative
evidence. However, I also recall these instructions were
provided by HQ, either our Program Manager (PM), the DExT PM, or
both. This may have occurred in 2012 when I went through the
DExT program and continued over the years. As there has been a
revolving door of PMs, I do not recall the names of the people I
spoke with at the can provide as many names of PMs who
I can recall had been there over the years.
Typically, the person running a Group I or Group II
Undercover Operation (UCO) investigation and the squad SSA would
be the people who communicated with HQ for resources. As an
example, I recall in 2015, I sent an email to SA Tommy Thompson,
who was the case agent of our squad's Group II, asking for some
large capacity hard drives with our remaining Group II funds.
This was one of many requests I made, which were generally
verbal, for equipment/resources. At the time we were still
merged with Cyber. When we moved to the Criminal Division, our
funds were nearly wiped out. Sometime thereafter,
tinh Phung left NYFO and became a DExT PM at FBI HQ. Shl
would often complain about a lack of funding.
When we first became DExT trained, it was much easier to
comply with the policy since the size of the data was
significantly smaller than it is today. For example, telephone
dumps then often fit on a DVD, or worst case a Blu-ray DVD.
Today, DVDs are nearly obsolete as the size of data collections
EFTA00173492
has become enormous, requiring large capacity hard drives which
are more expensive and harder to get.
To be 100% compliant with the existing policy in—o—etiveri
pliieach year, it would likely require C-20 alone to purchase
over a hundred hard drives, and this is just one squad in one
office. To ensure that everyone in the FBI is compliant 4e—it
elven ycareach year, the FBI would likely have to purchase
thousands of hard drives, then do this year after year. But the
FBI does not do this and the policy it created to cover search
warrants decades ago has not changed, despite the fact the
environment the policy applies to has.
This is one of the several fundamental flaws that I have
and continue to voice. If creating derivative igvidence is a
requirement, then why does the FBI not automatically rovide the
hard drives? How can the FBI enforce a policy without providing
the filed with the ability to comply? If, in nearly every search
warrant executed FBI-wide electronic media is seized, resulting
in the need for derivative evidence hard drives, why is it then
incumbent upon each individual squad, in each office, under each
program and division, to figure out a way to obtain the funding
to purchase them? If the FBI knows hard drives cannot easily be
purchased in bulk, and that there are security requirements on
where the drives must be manufactured, why does the FBI not just
purchase them for us rather than place that nearly impossible
burden on us?
EFTA00173493
In approximately 2017 I took over as case Agent for our
squad's Group -II. As the case Agent I was able to use Group- II
funds to make purchases, which were obligated to us .through
CACHTU.
-I was running out of hard drive space for derivative
evidence and of storage space in general. The PMs told us buying
hard drives in bulk was a problem. The stores had a capacity
limit, but I was advised to try anyway but was not successful. I
would purchase the drives on Amazon, like I was instructed to do
by HQ, until my covert account was shut down by Amazon since the
purchasing of large quantities of hard drives was flagged as
suspicious. We were also purchasing hard drives from New Egg,
like we were instructed to do by HQ, specifically SSA Heath
Graves who was the DExT PM, because they could sell bulk (10 or
more) hard drives, but I was later told by someone in the
Procurement Unit we could not use New Egg. This left us with
very few options for buying hard drives and despite voicing
these issues, no one at HQ offered a solution. In speaking with
other Agents across the FBI, I learned this was a common
problem. I went to CART who gave us what hard drives they could
spare.
In 2017 I began to gain a voice among many FBI Child
Exploitation circles. I took over our squad's Group II UCO, and
almost immediately converted it into a Group I. This conversion,
EFTA00173494
which allows for the use of sensitive techniques, was done due
to my desire to enhance our undercover capabilities and increase
our effectiveness by using some of the most robust undercover
techniques available at the time. While every undercover
operation must be approved every six months in front of the
Criminal Undercover Operations Review Committee (CUORC), because
ours was now a Group I, it also had to be presented up through
CACHTU and approved by the AD. Assistant Director (AD). During
the CUORC, I brought up the funding issues. In the funding
section we discussed what we spent and what we anticipated to
spend. During my time as the case Agent for my squad's Group I,
my squad's statistical accomplishments increased exponentially.
The number of undercover sessions conducted by my squad
increased by 198% in the four years after I took over the NYFO
child exploitation program compared to the four years prior.
This meant an increase of approximately 2000 undercover sessions
in the same four-year span. More significantly, however, was how
I tasked undercovers and provided direction to ensure the
program worked to identify the most vulnerable of the exploited
children; and set out to rescue them. The results cannot be
overstated in that the lives of hundreds of children were saved.
While I am personally responsible for saving the lives of
hundreds, many hundreds, if not thousands more were saved
because of how I managed and directed the child exploitation
program.
EFTA00173495
In 2018 I did a five-week temporary duty assignment (TDY)
at CACHTU. My former SSA, Sean Watson, was the UC there. My job
was to call every VCAC Group I and Group II UC0 Case Agent and
ask questions about the issues they were having and to provide
recommendations on how to better the program, how CACHTU could
better assist the field, things that needed improvement, etc. I
learned a lot about the issues affecting the entire child
exploitation program and, while there were some differences in
the issues facing some offices over others, there were a number
of common issues that impacted every office. These issues
largely dealt with lack of guidance, direction, training,
equipment, DExT support, funding, and personnel. I drafted a
summary of the calls I made and created a section for complaints
from the field in reference to provided my assessment
to CACHTU leadership. One of the many takeaways was that nearly
every office haUe different a—and
complying with policy and guidance.
EMIS This summary was also provided to
the interviewing Agents and I can make it available to whomever
needs it.
This same assessment, as well as additional details were
also provided to Bryan Vorndran, who was the Deputy Assistant
Director (DAD) who covered child exploitation, as well as to my
immediate supervisor and to the supervisors/PMs at CACHTU. This
EFTA00173496
came as DAD Vorndran separately requested a working group of
Subject Matter Experts (SMEs) to address the needs of the VCAC
program. I explained to him how we had equipment
provided my assessment both orally and in
several documents.
Also in 2018, CACHTU PMs SSAs Michael Deizlak and Matthew
Chicantek were presenting to EdeeettEive—Managemen#II on the
issues facing child exploitation investigations. SSA Deizlak and
SSA Chicantek requested information from me that they wanted to
present. I emailed SSA Deizlak and SSA Chicantek, along with UC
Sean Watson of CACHTU, the write-up I sent after my TDY as well
as a separate, even more detailed summary of the issues. In this
three-page summary I talked about the need to appropriate money
for equipment, as well as details regarding issues affecting the
program, including the DExT, guidance, support, and more.
hers nd I m it very Clear to HO that we did not have
hard drives Every now and then they would send us COMP and
eitertJELAuwtIenthey would send funds, but nothing was
consistent. I also informed my SSA of the need for hard drives.
I was aware he knew we needed them and there were no funds.
Other Agents were dealing with the Same issues. It has been, and
continues to be, the p ti 0fl/CACAents
g to create
derivative copies of original evidence if derivative hard drives
are available. However, given the long toryofpotreogiving
either the hard drives or the funds to purnhAse them, war
Agra:ts have aan leftwith no alternative t_t_g_store their
derivative evidence on local storage. I would sometimes create
EFTA00173497
derivative copy of the evidence on the RAID tower, as well as a
working copy. If the evidence was a large collection of
different computer it was not practical_to store twn
Copies (a working copy and derivative cois or the R11.M)mar
an. I would only create one. However, I very_plitaft a efl
riPriVAtiVP evidence rOpiOC onto either internal nr Pvternal hard
drives that were maintained in our lab either as having been
resicedi
l rgpwro
pseth or agguired. Since as discussed we did
not have a surplus of hard drives nor did we often have the
funds to purchase them I used ones I was able to get or hard
drives that had been repurpOSed. However, it often was the case
where I maintained the derivative evidence of several
investigations on a single hard drive. This was due to the
, and the fart that I did not
want to waste the extra space that was free if a
particular case only took up a portion of the hard drive. As
reeourree were hard to come by I maximized the resources I did
have. These derivative evidence hard drives were separate and
apart from the evidence copies maintained on our RAIDS or
servers. I was not able to do this for every investigation, due
to the limitations discussed, but when feasible it was done.
This was my way of going out of my way to create dDerivative
eEvidence as often as I could, despite not having the resources.
I have located some of these hard drives that are still
maintained in the r-20 lab, and phntng A hs of them have been
provided o h in rvi wing S$AS.
EFTA00173498
When I was unable to create true derivative evidence to be
checked into ECU or the derivative evidence described above, I
ropidered the working_cOpy of the evidence on my RAID or lerver
as the derivative copy. Regardless. III the evidence copies had
"hash-verification" logs to ensure the coot' was a bit-for-bi
used were designed to prevent changes to the vi n so there
was never a possibility that the evidence copies could be
Commented (DWI]: I movcd this up
Petered DW
2024.10.19 13:34:00
Commented (IDW2J: I movcd this up
DW
I have various correspondence with HQ advising there was a 2024.10.19 13:36:00
lack of funding. This not only affected us getting hard drives,
but also various other things. Phung provided us with more RAID
towers for instructed us to use the storage to meet
our needs. I do not recall her exact words, but I understood her
directions to mean I could use the RAID towers for the creation
of derivative and working copy evidence.
I also learned funds were available, but not designated for
the purchase of the hard drives. Money was either not there or
was allocated to something else. I spoke with Heath Graves who
was the DExT PM and then Jim Harrison who iS the current DExT
PM.
In June 2023, I proposed an idea to SSA Seamus Clarke and
ASAC Spencer Horn re ardin how to address the issue of handling
derivativeevidenre cinre the long-etanding prnrecs of tieing
external media to store derivative evidence was no longer
EFTA00173499
practical. SSA. Clarke and ASAC Horn liked my idea and encouraged
me to reach out to the ECU to find a way to pitch the idea.
T reached 011t to Supervisory administrative Specialist
(SAS) Arlene McKenna, who the NYFO ECU. SAS McKenna
also liked my idea and stated any changes in the evidence
guidelines or polity would have to come From the Field Kvidenre
Eliggrem (FEP) of the FBI's Laboratory Division (LD). SAS McKenna
provided the name of the FEP's Supervisory Management and
Erogram_AnalystAIMPAL Adeline Josephi_and_Suggested I rear))
out to her.
On 06 07 2023 I spoke with MAPA Joseph via FBINET Skype
mall. I discussed with MAPA Joseph the issue with the current
process, which was feasible years ago when the size of
electronic evidence was significantly 'mailer In_those days,
derivative evidence was stored
blue-ray DVD or thumb drive. However, in recent years the size
Of electronic evidence sei,uros has increased dramatically&
requiring hard drives to be able to accommodate the data,
;sp_
xlairsidthlat l„ahil0 I personally have never had an issue
Obtaining DVDS, I could not Say the same about hard drives. I
PKPleined that while the technical environment the ECU
policy/guidance is based cn ala changed, the FBI'S
guldrgice/p_ocyndn
li r n i h not. This has created the very
issue which is part this inabilityt.4
am ide by the guidance/policy T stated that it has become
increasingly difficult for the field to be in compliance with
EFTA00173500
the existing guidance/policy since the field no longer has the
resources to be compliant.
I offered to help figure out another process fox
maintaining derivative evidence, as I believed it was a waste of
money and resources to purchase expensive hard drives for
derivative evidence which will jnet he checked into evidence
until the conclusion of an investigation, just to then be
destroyed. I spoke with MAPA Joseph about creating reusable
virtual derivative storage that was Brand-alone. I suggested the
virtual evidence locker could be a server, which could be
controlled by the evidence units and that 1g numbers could still
be used and assigned to the folders of the derivative evidence
aosed the use of an electronic chain of custody
procoe.e to docnment the Arreq.e of the electronically stored
derivative evidence. I further suggested that since the
derivative evidence copies were maintained electronically, there
would be no need to waste fnnde on hard drivee that would jnet
end up being destroyed anywav4 and that at the conclusion of an
investigation when the evidence iS to be "destroyed", the media
would be deleted, thereby freeing up space for new derivative
evidence. MAPA Joseph liked th suggestion and statedlis t2oA.4
would
discuss it with her team, s•-cifically her UC whose name I
cannot recall. My SSA and ASAC, SSA Clarke and ASAC Horn, were
both aware of my idea and conversations and encouraged me to
follow-up with MAPA Joseph, which I did via email nn 06/27/2021
This email, which has since been provided to the interviewing
SSAs, stated in part:
EFTA00173501
"Hey Adeline,
A couple eeks_ago we had a disrussion,about
authorizing our lab to store DE on our servers, rather than
the repeated, costly, an4 wasteful process purchasing tons
hard drives to store TIF The Center, which would he seeflre,
CSmainacceSSIcagasandatili—seggirea15fOrthe
electronically_stored DE, would take the place of the
physieal hard drives whir")) would lave money_time, and
eliminate the need to waste tons and tons of hard drives.
I _was wondering h and if there is
anything we can do to get something like this goingl
Thanks so much!
Aaron"
MAPA Joseph responded on 06/30/2023 with the following_
"Good Morning Aaron,
Moo All ie well
Apology for tli delayedresponse. Jea lw in in-
person training this week for evidence tech's. For your
awareness, we are working on wrapping up several projects
for this fi c ar. I am adding DE idea to our
whiteboard to discuss thi amongst the team to include all
key stakeholders that wo involved. yow don't min,
d
I'll send you a calendar invite So that it's on my calendar
to cirri.. back with you to discuss what the team decided
Kind regards,
EFTA00173502
Since this emaill I have not heard back
from MAPA Joseph or anyone in her chain of command regarding
this issue-
I have provided a recent example to the interviewing
Agents. In this example, which took place II November 2023,
after the intrusion and inquiry, C-20
requested funds for derivative evidence hard drives and were
denied. After requesting $2,155.62 for derivative evidence hard
drives, CACHTU responded to "Please utilize cart for a resource
for this. We are under a CR and are very restrictive on what we
can approve". C-20 then went to CART, as directed, who in turn
stated they did not have any hard drives to spare and
recommended C-20 request funds from CACHTU.
This example further illustrates that even despite the
intrusion and the negative attention we received regarding
derivative evidence hard drives, the squad was again put in the
position of being unable to comply with policy because the FBI
would not provide the requisite hard drives or funding needed to
be compliant.
Sometime later C-20 would eventually receive some hard
ere then advised by the NYFO Information System
Security Officer (ISSO) their hard drives were out of policy and
that they could not use them since the hard drives were not
manufactured in the United States. This, again, put the squad in
an impossible situation with no alternatives being offered. It
EFTA00173503
was also quite ridiculous as it is likely that none of our
computer equipment is manufactured in the United States.
almost immediately converted it into a Croup I. This conversion,
to my desire to enhance our undercover capabilities and increase
our effectiveness by using some of the m st robust undercover
operati n must be approved every nix moatha in fr nt of the
Criminal Undercover Operations Review Committee (CUORC), because
^ACWTU and approved by the Assistant Director (AD). During the
During my time as the cacc Agent for my squad's Cr up I, my cqual
•
number of undercover sections conducted by my squad increased by
198% in the f ur years after I took vcr the WYFO chill
compa.ed to the Co.- seas Thls
meant an increase of approximately 2000 undcrc vcr sc-si no in
the same f ur year span. M rc significantly, h 'fever, was h w I
worked t identify the m ct vulnerable of the cx1 .tsii
that the 11.t.s of 4 Leda of child-ee 4e-e eased.
While I am personally responsible for saving the lives of
EFTA00173504
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2018 : did a fi.e tcmposeet—doey—aaeOgnme.t. ITDY)
at CACHTU. My former SSA, Scan Watson, was the UC there. My joie
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recommendations on how to better the program, how CACHTU could
ednict (die field, things that d,ed,d Inp.evement, etc. :
learned a lot about the issues affecting the entire child
cxpl itati n program and, while there were some differences in
of common issues that impacted every office. These issues
largely dealt with lack f guidance, direction, training,
equipment., DC P dayea.t, I J-adled e
summary of the calls I made and created a section for complaints
:rem th, field in refe.e,e, to
et, CACHTU lcadcrohip. This summary wan aloe provided to the
EFTA00173508
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provided my assessment both rally and in several
d cumcnts.
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rhicantck were presenting to Executive Management on the issued
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EFTA00173511
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When interviewed by INSD, I was asked when the standard
practice for C-20 members changed to not adding derivative
copies to the ECU. According to INSD, I stated I did not know,
but the change did happen. INSD then asserted that I now believe
the practice of creating derivative evidence copies onto
separate hard drives to be checked into evidence was dependent
upon we were provided funds to purchase the drives or
the drives themselves.
This is not entirely correct and lacks context. The
"change" that occurred as somewhat two-fold and started when
the FBI moved VCAC from the Cyber Division to the Criminal
Division and the funding we received was dramatically reduced.
The other contributing factor was, as discussed earlier, the
increase in the size of the electronic media seized during
search warrants and the subsequent need for significantly larger
EFTA00173512
and more expensive media to house the "Derivative 'Evidence.
This affected many things, including our ability to purchase
hard drives. Sol the "change" that led to our inability to
regularly comply with the derivative evidence practice was out
of our control. Despite that, I personally voiced this concern
numerous times over the years, but it was not an issue many were
willing to care about. Early on, when VCAC fell under the Cyber
Division, we had regular access to these drives, but when the
program was moved into the Criminal Division that changed.
Despite repeated requests, as well as having alerted everyone
within the chain of command, we were told to figure it out.
We had been advised that i
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- Created
- Feb 3, 2026