AO 91 (Rev.

11/1 I) Criminal Complaint /;IL&e

EAs u.7;,s¼,;:
UNITED STATES DISTRICT COURT TERNDISTRicrx~iRJsAs
for the DEC 04 2018
Eastern District of Arkansas JAMEsiink~A::~
B y : ~ C K , CLERK
United States of America )
- ~
v. )
) Case No.
Nathan Koen ) 4:18-mj-oo.34-D-BD
)
)
)
Defendant(s)

CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of Sept. 2016 through Dec, 3, 2018 in the county of Puaksi in the
Eastern District of Arkansas , the defendant(s) violated:

Code Section Offense Description

Title 18, U.S.C. § 201 bribery of public officials and witnesses

Title 21, U.S.C. § 846 conspiracy to possess with intent to distribute and distribure controlled
substances

This criminal complaint is based on these facts:

See attached affidavit

if Continued on the attached sheet.

Special Agent Aaron G'reen, FBI

Printed name and title'..

Sworn to before me and signed in my presence.

Date: 12/04/2018
Judge 's signature

City and state: Little Rock, Arkansas Hon. Beth Deere, U.S. Magistrate Judge
Printed name and title

=# {
 AFFIDAVIT IN SUPPORT OF COMPLAINT AND SEARCH WARRANT

I, Aaron A. Green, hereby swear and affirm as follows:

I. Introduction

1. I am a Special Agent (SA) with the Federal Bureau of Investigation (FBI) and, as

such, I am charged with enforcing all federal laws in all jurisdictions of the United States, its

territories and possessions. I have been employed as an FBI SA since August 2009. As an FBI SA,

I have received extensive training in the investigation of violations of federal and state law. I have

been trained in numerous investigative methods that involved personally obtaining and assisting

in the execution of federal search warrants, arrests, and filing criminal complaints. I am currently

assigned to a squad that investigates public corruption in the state of Arkansas.

2. Affiant is a law enforcement officer of the United States of America within the

meaning of Section 2510(7) of Title 18, United States Code, that is, an officer of the United States

who is empowered by the law to conduct investigations of and to make arrests for, the offenses

enumerated in Title 18 and Title 21, United States Code. During my employment with the FBI, I

have participated in public corruption investigations along with experienced FBI Special Agents

and other Task Force Officers (TFOs).

3. This affidavit is made in support of a criminal complaint and arrest warrant for

NATHAN CHARLES WOOD KOEN (KOEN) for violations of 18 U.S.C § 201 (bribery of public

officials and witnesses) and 21 U.S.C § 846 (conspiracy to possess with intent to distribute and to

distribute controlled substances), as well as in support of search warrants for the items described

in attachments Al-A3, and Bl-B3.

4. Because of my personal observations and participation in this investigation and

information provided to me by other agents and officers, I am familiar with the facts and

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circumstances of this investigation. This affidavit is intended to show only that there is sufficient

probable cause for the requested criminal complaint and search warrants, and does not set forth all

of my knowledge about this matter.

n. .Probable Cause
A. Background investigation

5. The FBI has been investigating Special Agent (SA) KOEN, a federal law

enforcement officer, working as a Group Supervisor for the Drug Enforcement Agency (DEA) in

Little· Rock, Arkansas. As such, SA KOEN oversees drug investigations and has access to law

enforcement sensitive information. SA KOEN began working with the DEA in September 2002.

SA KOEN transferred to the DEA Little Rock Field Office in September 2016 from the DEA

Jacksonville, Florida, Field Office. SA KOEN worked as a Special Agent in Florida investigating

drug crimes before getting promoted and transferring to Little Rock.

6. On November 27 and 28, 2018, FBI Special Agents John Sablatura and Josh

Hubbard interviewed Francisco Enrique Gonzalez Benitez (Benitez) in Orange County, California,

in connection with an investigation ofBenitez's drug-trafficking activities in California, Arkansas,

and Florida. Benitez agreed to speak with agents regarding his involvement in various criminal

activities, including his involvement with SA KOEN. During the course of the interview, Benitez

explained how he began paying SA KOEN for information and protection related to his drug-

trafficking activities.

7. Benitez told SAs Hubbard and Sablatura that he was arrested in 2012 by the DEA

in the Middle District of Florida for conspiracy to distribute controlled substance (heroin). Benitez

was incarcerated in Duvall County, Jacksonville, Florida, from November 2013 through January

2014. While in jail, Benitez spoke with Orlando Cartagena (ph), a Puerto Rican, who suggested

2
Benitez cooperate with SA KOEN. Cartagena had SA KOEN's cell phone number in his jail cell.

SA KOEN advised Cartagena to tell Benitez to obtain an attorney and ask for a proffer interview.

This was done, and SA KOEN facilitated Benitez's release from jail in order to cooperate further.

Benitez signed up as an informant and provided narcotics information to SA KOEN. Benitez

cooperated with SA KOEN in an effort to reduce the sentences for his wife, brother, brother's wife,

other brother, and mother, who were all indicted in the same conspiracy.

8. In 2016, SA KOEN asked Benitez if he wanted to go "back to work." Benitez

believed "back to work" meant sell illegal narcotics again, and that SA KOEN was trying to trick

him and set him up with new charges. Benitez spoke with Michael Stokes (Stokes)-another large-

scale drug trafficker who knew SA KOEN-about SA KOEN's request, and Stokes said SA

KOEN was "legit." Stokes informed Benitez that he (Stokes) further validated SA KOEN by

selling SA KOEN a handgun. Benitez initially dismissed the request. Later in 2016, however, SA

KOEN again asked Benitez if he was ready to go "back to work," and Benitez agreed to sell illegal

narcotics. SA KOEN told Benitez to make Stokes his "main man." According to Benitez, he

believed this to mean Benitez was to supply Stokes with narcotics and let Stokes distribute the

narcotics to his numerous contacts in the Jacksonville, Florida, area.

9. After SA KOEN and Benitez agreed Benitez would go "back to work," Benitez

distributetl large amounts of heroin, methamphetamine, marijuana, and cocaine in the Florida area

from late 2016 through October 2017. Benitez described himself as the "plug" (large drug supplier,

capable of distributing kilogram amounts of narcotics) for the area. Throughout 2016 and 2017,

Benitez made several payments to SA KOEN for "top cover protection" for his drug-trafficking

activities. According to Benitez, ''top cover protection" included running the names and

·information of Benitez's narcotics business associates through DEA databases and systems in

3
•'

order to determine whether these associates were working for law enforcement or were in fact safe

for Benitez to continue doing business with.

10. Sometime in 2016, Benitez moved to California and began shipping heroin,

cocaine, methamphetamine, and marijuana by mail to his brother, Jose Manuel Gonzalez,

(hereinafter referred to as Gonzalez), who lived in Jacksonville, Florida.

11. After moving to California, Benitez attempted to mail a multi-ounce shipment of

narcotics from California to Florida. The package was ultimately intercepted by law enforcement.

Benitez called SA KOEN and relayed that the package was intercepted. SA KOEN told Benitez

not to use the mail to ship narcotics because it would likely be intercepted. Shortly after the

package was intercepted, Benitez provided SA KOEN $9,000 cash for the information. Benitez

met SA KOEN in Jacksonville, Florida, for the payment. SA KOEN was driving his black

Chevrolet work truck.

12. Benitez told agents about several other payments made to SA KOEN in 2016. For

example, a month after the $9,000 payment, Benitez paid SA KOEN $7,000 cash. They met in an

office parking lot on the comer of Bay Meadows & King Crossing Streets, Jacksonville, Florida.

SA KOEN was again in his work truck. A short time later, Benitez directed Gonzalez and

Gonzalez's girlfriend Tina Watson to place an additional payment of $8,000 or $9,000 cash in an

envelope in the mailbox outside of Gonzalez's residence located at 4860 Deermoss Jacksonville,

Florida. Benitez intended for SA KOEN to retrieve this cash. Sometime later, Benitez again

directed Gonzalez and Watson to make another payment to SA KOEN. Once again, Benitez

instructed Gonzalez and Watson to place an envelope with $9,000 cash in it in Gonzalez's mailbox,

located at 12082 Brandon Lakes Drive Jacksonville, Florida, for SA Koen to retrieve. From his

home window, Gonzalez observed SA KOEN arrive in his personal bltie H2 Hummer and retrieve

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the envelope.

13. After these payments were made to SA KOEN in Florida, SA KOEN was promoted

to a supervisory role and moved to Little Rock, Arkansas.

14. In September 2017, Benitez directed Gonzalez to pay SA KOEN $7,500. Benitez

was not present and did not recall specifics details of the payment.

15. Also in September 2017, Jacksonville, Florida, Postal Inspector Christopher Martin

intercepted four boxes of narcotics shipped to Gonzalez and Watson by Benitez. The first box was

to be delivered to 4860 Deermoss Way, Jacksonville, Florida, and contained one kilogram of

cocaine. The second box was addressed to 8025 Bay Meadows Circle E, Apartment 901,

Jacksonville, Florida, and contained six pounds of marijuana and one kilogram of

methamphetamine. The third box was addressed to 7858 Fox Tail Lane, Jacksonville, Florida, and

contained one kilogram of cocaine. The fourth box was addressed to 7241 Old Kings Road S.,

Apartment 62, Jacksonville, Florida, and contained one kilogram of cocaine. Benitez

acknowledged to SAs Hubbard and Sablatura that he shipped the packages to Gonzalez and

Watson.

16. Following the seizure of these four packages, SA KOEN contacted Benitez and told

him they were "hot," meaning on the radar of law enforcement, and directed Benitez to come to

Little Rock immediately to discuss. Benitez flew to Little Rock on Delta Airlines, and SA KOEN

picked him up at the airport. SA KOEN and Benitez ate at a pizza restaurant in downtown Little

Rock. SA KOEN advised him to change his phone numbers, lay low, make someone else work for

him, and not use the mail in the future.

17. Benitez self-deported to Mexico on approximately November 1, 2017, as part of

his plea agreement for charges stemming from the 2012 arrest. Soon after, Gonzalez was involved

5
in.a serious.motorcycle accident in Florida. Benitez returned to the United States using a fake

passport on approximately November 16, 2017, to care for Gonzalez in Florida. Upon Benitez's

return to the U.S., he called SA KOEN and informed him of his fake identification. Gonzalez was

incapacitated from the accident for a period of time, and Watson took over his role in the

distribution of narcotics in Jacksonville, Florida.

18. In approximately March 2018, Benitez traveled from California to Little Rock at

the direction of SA KOEN. During this trip, Benitez met Nick LNU, a black male, (hereinafter

referred to as Nick), also known as "Chris," at the Springhill Suites hotel located on Markham

Center Drive in Little Rock. According to Benitez, Nick and Benitez recognized one another as

drug dealers and exchanged telephone numbers in order to conduct future narcotics business.

Benitez advised SA KOEN of meeting Nick, provided him with Nick's telephone number, and

asked SA KOEN to utilize law enforcement databases to investigate and vet Nick. Approximately

two months later, Nick contacted Benitez and advised that he was in California. Benitez and Nick

met, and Nick provided a new telephone number. Nick also told Benitez that he was selling 40

pounds of methamphetamine a week in Little Rock with the assistance of a white male who was

blind. 1

19. After meeting Nick in California, Benitez contacted SA KOEN, gave him Nick's

new telephone number, and asked SA KOEN to check Nick out. SA KOEN responded over the

"Wickr Me" text application with a text message from the username ''people 11" stating, ''this guy

is got already." Benitez, using usemame "chapito12", replied, "huh". SA KOEN replied, "He is

already done here" and Benitez replied, "Don't get close to him(?)". SA KOEN replied, "Well if

1 On September 5, 2018, Nick Robinson, Jr., and Jason Flowers, a white, blind male, were indicated in a DEA drug-
trafficking case. Nick Robinson, Jr., was arrested in California on his federal charges on November 15, 2018.
Flowers currently remains a fugitive.

6
u are careful and want to try to get one to him you can try". Benitez said that he took this to mean

Nick was under investigation by law enforcement in Little Rock, but Benitez could try to send

Nick one shipment of narcotics. This conversation was captured and preserved by Benitez in

pictures taken with his other telephone. The pictures of these messages were observed by SAs

Hubbard and Sablatura during the Benitez interview.

20. On April 20, 2018, Benitez and SA KOEN communicated via text message. At 9: 17

a.m., Benitez texted, "Chris". At 9:28 a.m., SA KOEN replied, "Clean cut?" Shortly thereafter,

SA KOEN texted Benitez a picture of the individual to whom he believed Benitez was attempting

to begin selling narcotics. Benitez confirmed to SA KOEN that the picture was the "Chris" he was

referring in the early text messages. These messages were also observed by SAs Hubbard and

Sablatura during the Benitez interview.

21. Benitez stated that shortly after asking SA KOEN questions regarding Nick,

Benitez shipped six kilograms of heroin to Little Rock concealed in a Dodge Durango delivered

by a contracted car carrier. The Durango contained a false compartment. Benitez flew to Little

Rock, rented a car and drove to the location the Durango was located. Benitez retrieved the heroin

and delivered it to Nick. Benitez received approximately $300,000 from Nick and placed the

money back in the false compartment of the Durango. The Durango was shipped back to

California. Nick advised Benitez that he would be able to double the quantity of heroin when he

cut it.

22. Approximately two months later, in summer 2018, Benitez returned to Little Rock

to pick up a $60,000 down payment from Nick for 40 pounds of methamphetamine. After receiving

the money, Benitez contacted SA KOEN and told SA KOEN to come to his hotel. SA KOEN

arrived in his black Chevrolet Silverado work vehicle. Benitez told SA KOEN he was afraid Nick

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would send someone back to the hotel to rob him and asked SA KOEN to hold the money

overnight. SA KOEN took the money and returned the following morning with the cash. Benitez

took $5,000 out of the $60,000 and placed the money in SA KOEN's glove box. Benitez met SA

KOEN later that evening at the hotel to talk. SA KOEN was driving his wife's red GMC Yukon.

Benitez returned to California the next day.

23. On September 14, 2018, the DEA Little Rock Field Office executed a large-scale

arrest operation, with Nick being one of the targets. That day, SA KOEN contacted Benitez and

advised Nick would be "hit" that day. Nick eluded capture by DEA and fled to California. Later,

Benitez advised SA KOEN that Nick was in California and asked if SA KOEN wanted to know

Nick's location. SA KOEN told Benitez "not to bother with it." Nick was not arrested until

November 15, 2018.

24. Also in summer 2018, Benitez sent two packages containing heroin to a subject

later identified by law enforcement as Antwone Hannah, also known as "Stank," a black male and

associate of Nick's in Little Rock. Hannah's Kik application usemame is "robriol3". The first

package contained two ounces of heroin. The second package contained five ounces of heroin.

Both packages were intercepted by Postal Inspectors. After the first seizure, SA KOEN called

Benitez to inform him that DEA agents on another squad in his office had run Benitez's name.

These agents showed SA KOEN a photograph of Benitez to confirm his identity.

25. At approximately this same time in July 2018, SA KOEN contacted Benitez and

advised him to come to Little Rock. Benitez traveled to Little Rock on July 14, 2018, and met SA

KOEN at the KFC restaurant located at 20704 AR 365, North Little Rock. Benitez gave SA KOEN

$1,500 during the meeting. SA KOEN drove his Hummer to the restaurant, and Benitez recalled

driving a small rental car to the meeting.

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 26. Benitez stated that he sent one kilogram of heroin to Hannah in Little Rock on two

separate occasions during September and October 2018.

27. On September 4, 2018, Benitez agreed to send $5,000 cash to SA KOEN in the

mail. SA KOEN provided the address 39 B Blair Road, Greenbriar, Arkansas, and directed Benitez

to send the package first class with no tracking number. Benitez mailed the money in a magazine

to the address. Benitez believed the address belongs to a stripper, possibly one of SA KOEN's

girlfriends. FBI agents conducted an address check on 39 B Blair Road, Greenbriar. The address

returned to Cynthia Cutler. Benitez was shown a photograph of Cutler. Benitez stated that she

looked familiar, and she possibly worked at the strip club he attended with SA KOEN.

28. During approximately September through November 2018, SA KOEN continually

told Benitez "something is going to happen to you this month." Benitez believed SA KOEN was

doing this to extort more money from him. Benitez decided to quit telling SA KOEN about most

of his illicit drug trafficking activities during this time.

29. During approximately the first week of November 2018, SA KOEN advised

Benitez that he (SA KOEN) needed $17,000 to "put back" before someone "found out."

30. Benitez asked SA KOEN to check the name "Oscar Munoz." At first, SA KOEN

advised Munoz was clean, but later said Munoz was "dirty" due to his involvement with Nick.

Benitez understood "dirty'' to mean Munoz was under investigation.

31. Benitez provided 904-759-1702 as SA KOEN's telephone number. This number is

saved as ''Nate" in Benitez's telephone. Moreover, federal law enforcement indices, such as the

DEA directory, list 904-759-1702 as SA KOEN's telephone number. SA KOEN previously

advised Benitez that Verizon phones are hard for law enforcement to track and that Benitez should

use encrypted applications for communication since law enforcement cannot intercept them.

9
 32. Benitez advised that when he was not personally meeting with SA KOEN, the

means of communication the two always used were telephone calls, text messages, or text

messaging applications.

33. Lastly, Benitez told SAs Hubbard and Sablatura that Gonzalez and Watson were

currently driving back to Florida· from Little Rock with approximately $60,000 they picked up

from Hannah as a payment for heroin.

B. December 3, 2018, controlled bribery payment

34. During SAs Sablatura's and Hubbard's interview with Benitez, Benitez agreed to

attempt to set up a controlled delivery of a bribe payment to SA KOEN. At the direction of the

FBI, Benitez engaged in a text conversation with SA KOEN. The following is a log of the text

messages between Benitez, using the screen name "chapitol2," and SA KOEN, using the screen

name ''peoplel 1." The messages were exchanged over the private messaging application "Wickr

Me." FBI SA Sablatt.ira and FBI SA Hubbard took photographs ofthe messages as the conversation

progressed. This method of preserving the evidence was necessary because messages from the

"Wickr Me" application disappear 10 seconds after being opened, and if a screenshot is taken on

the recipient's phone, the sender is alerted. The text messages were sent from California, times

reflect Pacific Time, and were captured verbatim as viewed in the text stream.

November 27, 2018

8:00pm chapito12: Yo

8:27pm chapito12: How we doing bro

8:27pm peoplel 1: Not good

8:28pm chapito12: Why what happens

8:28pm peoplel 1: Same shit

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8:29pm people 11: Anything new with you?

8:30pm chapito12: I think thing are getting better for both us

8:30pm peoplel 1: Cool

8:31pm chapito12: What you need help with bro

8:32pm peoplel 1: It will get there

8:32pm chapito12: Huh

8:32pm peoplel 1: Just the usual things

8:35pm chapito12: How is work

8:36pm peoplel 1: Same there. Nothing new

8:37pm chapito12: What happened to nick o hear you guy have him

8:38pm peoplel 1: I heard same

9:16pm chapito12: Boss man

9: 19pm peoplel 1: Yes, lol

9: 19pm peoplel 1: lol

9:21pm chapito12: Don't want you to stress no more I got you

9:22pm peoplel 1: I know

9:23pm chapito12: If I have something for you how we doing this time

9:23pm peoplel 1: We figure it out

9:25pm chapito12: Okay so start thinking

9:26pm peoplel 1: I will

7:25am cahpito12: You alive

7:33am peoplel I: Yes sir

7:42am chapito12: We have good news but I need help

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7:46am peoplel 1: You always need something

7:46ampeoplell: lol

7:51am chapito12: You know i do lol

7:51am chapito12: We need to make me is rich lol

7:52ampeoplell: lol

7:53am chapito12: Check a number for me but it has to be today bro not next week or next
month lol

7:55am peoplel 1: Who's number

7:58am chapito 12: New boy I meet he is talking really good number money out front just want
to check him this is what I was waiting for kind off guy

7:58am peoplel 1: Ok

7:59am chapito12: 3236401670 they call him mo

8:02am chapito12: You got it plz bro check for me I have to meet him today in the afternoon

8:44am chapito12: You good

9:00ampeoplell: Yes. Busy week

9:02am chapito12: Okay

10:03am peoplel 1: Don't see anything. You know nothing guarantee

10:06am chapito12: So can I talk to him or no

10:07am people 11: Yes

10:09am chapito12: So what Vegas or no

10:l0ampeoplel 1: What you mean?

10:10am chapito12: Really bro you slow

10: 10am people 11 : Understand

10: 11 am peoplel 1: You know the number yet?

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10:12am chapito12: I am trying 8 but pushing up

10:13ampeoplell: Ok

10: 13am peoplell: When you think?

10: 13am people 11: Next week

10:14am chapito12: Went can you do it

10: 19am people 11: Maybe next week

10:21am chapito12: Ifl spend the money it not my fault lol

10:22am people 11 : Loi

10:22ampeoplell: You wont

10:22am peoplel 1: Tell me when it's highest

10:22am peoplel 1: Then I come

10:23am chapito12: Bro i am trying my best

10:24am chapito12: All the pends how well it goes out with my new guy

10:24am peoplell: Ok

3:04pm chapito12: Boss man

3:05pm peoplell: lol

3:06pm chapito12: I talk to the guy

3:12pm peoplell: Ok

3:22pm chapito12: We are talking good numbers so I can see you this weekend because it girl
friend birthday it perfect for me that I take care off you at the same kill two bird one stone

3:22pm chapito12: Because she really want to go this weekend

3 :46pm people 11: Go and stay into next week

3:49pm chapito12: Let me check

3:49pm chapito12: Went is the beat day for you soi can try to plan you got help me out here

13
' .

you know how she get

4:01pm peoplel 1: Let me look

4:07pm peoplel 1: Expensive

4:08pm chapito12: But it worth it

4:09pm peoplel 1: It like I

4:12pm chapito12: Stop crying

4:13pmpeoplell: lol

4:13pm peoplel 1: Sure you will be there

4: 14pm chapito12: Really you know my girl is Is bitching she has to be there

4: lSpm peoplel 1: Where you stay there?

4:16pm chapito12: She want belagio but still sure were her friend are going to stay you tell
were you going to stay

4:26pm peoplel I: I will have to be in and out

4:27pm chapitol2: Yea what you want the spend the night with me

4:29pm peoplel I: To much going on. I explain when see you

4:29pm chapito12: Okay bet

4:31pm chapito12: Saturday then I start booking now

4:31 pm peoplel I: How long you stay?

4:33pm chapito12: I get there Friday night leave Sunday morning

4:33pm peoplel 1: Cant

4:34pm peoplel I: I have to do like Monday or tuesday

4:36pm chapito 12: You are killing me I just told my to girl to start booking it she is going to
kill me

4:37pm peoplel 1: Tell her change dayes

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4:38pm chapito12: What up Sunday

4:38pm chapito12: You got to bro out come

4:38pm peoplel 1: Same as fri and sat

4:39pm peoplel 1: Because I was thinking Sunday that way i can get back so she goes to work
early in the morning

4:40pm peoplel 1: I have something fri morning to sun night

4:41pm chapito12: Bro you·fucking killing me

4:42pm chapitol2: So went can you do it

4:42pm peoplel 1: Mon or Tuesday

4:43pm chapito12: Let me talk to my girl

4:47pm chapito12: You sure on Monday

4:51pm chapito12: Are you alive

4:57pm peoplel 1: Do mon or tues

4:58pm chapitol2: I well i am staying until Monday you are the boss

4:58pm peoplel 1: lol

4:59pm chapito12: No lol so we are good for Monday

5:02pm peoplel 1: Yes

November 28, 2018

2:15pm chapito12: What up boss man

2:28pm peoplel 1: Same thing

2:28pm peoplel 1: (Unknown)

2:37pm chapito12: Been busy

2:39pm peoplel 1: Yes. How are things with you?

2:41pm chapito12: Pretty good bro

3:07pm peoplel 1: Cool

5:33pm peoplel 1: When you leave?

5:37pm chapito12: Leave Saturday morning

5:39pm peoplel 1: Ok

7: 14pm peoplel 1: When you go home?

7:17pm chapito12: I leave on Monday night

7: 17pm peoplel 1: Ok

35. Based on this conversation, I believe that SA KOEN agreed to meet Benitez in Las

Vegas, Nevada, on Monday, December 3, 2018, for the purpose of paying SA KOEN

approximately $8,000, or more, in exchange for SA KOEN's continued help in facilitating

Benitez' s drug-trafficking activities.

36. Law enforcement agents confirmed on November 29, 2018, that SA KOEN

requested administrative leave from the DEA from Friday, November 30, through Monday,

December 3, 2018. FBI agents further learned that SA KOEN was scheduled to fly to and from

Las Vegas on December 3, 2018. SA KOEN's United Airlines flight schedule had him departing

Little Rock on December 3 at 7:05 a.m. Central time (flight 6267), arriving in Las Vegas at 11:13

a.m., Pacific time (flight 1046), with a stop in Houston. SA KOEN was scheduled to depart Las

Vegas at 2:03 p.m. Pacific time (flight 1954), arriving in Little Rock at 9:10 p.m. Central time

(flight 6348).

37. On December 3, 2018, I reviewed airport security footage, which showed SA

KOEN in the Little Rock airport at approximately 6 a.m. wearing a black jacket, blue jeans, black

tactical backpack with a tan hat attached to it, and a chained wallet on his left side.

16
 38. Following the November 27 and 28, 2018, conversation with SA KOEN via "Wiclcr

Me" described above, Benitez traveled to Las Vegas and met with FBI agents to coordinate his

controlled delivery of a bribe payment to SA KOEN. On December 3, 2018, agents equipped

Benitez with multiple audio recording devices and $9,000 in U.S. currency, concealed in a brown

paper bag. Agents recorded all serial numbers from the $9,000.

39. At approximately 11 :40 a.m. Pacific time, SA KOEN contacted Benitez via text

messages using "Wickr Me." The two agreed to meet on the sidewalk on Las Vegas Boulevard,

across the street from the Bellagio hotel and in front of the Planet Hollywood hotel. At

approximately 12:30 p.m. Pacific time, SA KOEN and Benitez met.

40. After meeting on the sidewalk, Benitez and SA KOEN walked to the Paris Las

Vegas hotel. Once inside the hotel, the two walked to a bathroom-out of sight of casino video

cameras-at which time Benitez placed the paper bag containing $9,000 in SA KOEN's black

backpack, at SA KOEN's request. Law enforcement agents conducting surveillance were not able

to observe this exchange in the bathroom, however a later review of Paris Las Vegas hotel security

footage confirmed that Benitez and SA KOEN did meet in person at the hotel.2 Benitez and SA

KOEN left the hotel after emerging from the bathroom, with Benitez walking back to the Bellagio

hotel, and SA KOEN departing down Las Vegas Boulevard.

41. When Benitez returned to the Bellagio, he turned over the audio recording devices

and was debriefed by agents. Benitez confirmed the meeting took place and the money exchange

occurred. Benitez said that when he and SA KOEN spoke, prior to Benitez placing the money in

the backpack, SA KOEN asked "did you niake this [trip] worth it?" Benitez replied, "Come on,

2Prior to this meeting, Benitez advised that whenever he and SA KOEN met, SA KOEN often conducted counter-
surveillance measures, such as changing the locations of meetings at the last minute and searching Benitez for covert
recording devices.

17
man, you know I always make it worth it for you." SA KOEN then said, "I know." Later, before

departing, Benitez stated that SA KOEN advised him to get rid of all of his phones and change his

address because law enforcement may soon be executing a search warrant on Benitez.3

. 42. SA KOEN's original return flight from Las Vegas was delayed, and he returned to

Little Rock at approximately 11:10 p.m. on December 3, 2018. At that time law enforcement

officers arrested SA KOEN as he departed his plane. SA KOEN wore the same black backpack he

was seen wearing leaving for Las Vegas. In SA KOEN's black backpack Agents located a large

sum of money, which was similar in appearance and packaging to the money Benitez gave to SA

KOEN in the hotel bathroom.4

C. Search Warrants

43. As described above, SA KOEN has been working in the DEA Little Rock Field

Office since September 2016. Since his transfer to Little Rock, he has continued to maintain a

relationship with Benitez that he developed while working as a Special Agent in Jacksonville,

Florida. As part of his duties as a special agent, SA KOEN is required to maintain certain

information about investigations in which he is involved, proffers in which he participates, contacts

with sources of information and confidential sources, to include name, contact information and

any aliases. He is also required to prepare and complete travel documents, including booking and

flight information, dates of travel and costs associated with travel. He is required to maintain a

calendar or other form of scheduling document idel_ltifying the case and subjects of cases on whose

investigations he is working.

3 Due to the nature of the covert audio recording devices, agents were not able to immediately download and listen

to the verbatim conversations. The conversations detailed in paragraph 40 are approximations based on Benitez's
recollection of the meeting.

4As of time of the signing of this affidavit, agents have not been able to count the money or compare the serial
numbers to the bills provided to Benitez• by the FBI.

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 44. Based on information received from an employee of the DEA, in his office SA

KOEN had and used a computer, maintained logs of work on which he was participating as well

as information about and approval docwnents for work others he supervised were doingAlso in

SA KOEN's office are filing cabinets and files containing information about cases, sources of

information, and confidential sources.

45. Based on the information contained in this Affidavit, probable cause exists to

believe that records, including electronic and paper, of SA KOEN's work with Benitez as a subject

of investigation as well as a confidential source of information will be found in his office. This

information will include name, contact information and aliases, as well as other information

regarding the official and unofficial meetings SA KOEN had with Benitez. Probable cause also

exists to believe that similar records of travel arrangements, including travel arrangements

consistent with those reported by Benitez regarding· their meetings in Little Rock, AR,

Jacksonville, FL and Las Vegas, NV, will be found in his office. I suggest there is probable cause

to believe that, if Stokes was a subject of investigation or source of information, records of SA

KOEN's investigation of or work with Stokes will be found in his office. I further suggest that

probable cause exists to believe that similar records of other subjects investigated by and

confidential sources used by SA KOEN will be found in his office.

46. Furthermore, I have learned that SA KOEN's telephone was not capable of

accessing the databases necessary for him to run names and telephone numbers as he agreed to do

and reported he did as described by Benitez. Access to those databases necessarily required SA

KOEN's (or another DEA employee's) physical presence in the office. Access to search these

databases requires the user to enter his or her own identifying information, as well as the

information for which such a search is being conducted, and the computer maintains a log of the

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user's access and the information for which the search is conducted, including the date of such a

search. I suggest probable cause exists to believe that records of these searches will be located in

SA KOEN's office.

47. Based on Benitez's statements and other information learned during this

investigation, SA KOEN was issued a black Chevrolet pickup truck to drive along with a credit

card for use for business-related expenses, such as fuel. Records of the use of the pickup and credit

card are required to be completed by SAs to whom such items are issued and assigned. I suggest

probable cause exists to believe that records of SA KOEN' s possession and use of a black pickup

truck and government credit card will be found in his office.

48. Based on the aforementioned, the United States has reasonable grounds to believe

that the items described in Attachment B are relevant and material to the continuing criminal

investigation in this case.

49. Based upon Affiant's training, experience, and participation in this investigation,

Affiant respectfully submits the aforementioned facts to provide probable cause to believe that

evidence of the crime and any other fruits and instrumentalities that appear to be used in

furtherance of those crimes, are located within SA KOEN's office (further depicted in Attachment

A). The United States seeks authority to search and seize from that premises any evidence, fruits,

or instrumentalities of violations of Title 18, United States Code, Section 201 (bribery of public

officials and witnesses) and Title 21, United States Code, Section 846 (conspiracy to possess with

intent to distribute controlled substances). I respectfully request that the Court issue a search

warrant for the items described in Attachment A, for the items described in Attachment B to this

affidavit.

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 50. In addition, based on the foregoing facts, and in my training and experience, I

believe that there is probable cause to believe that SA KOEN is in violation of 18 U.S.C § 201

(bribery of public officials and witnesses) and 21 U.S.C § 846 (conspiracy to possess with intent

to distribute and to distribute controlled substances).

I hereby declare that the foregoing is true and correct to the best of my knowledge and

belief, pursuant to the investigation conducted on this case.

Special Agent
Public Corruption
Federal Bureau of Investigation

Subscribed and sworn before me this 4th day of December, 2018, at Little Rock, Arkansas.

Honorable Beth Deere

United States Magistrate Judge
Eastern District of Arkansas

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