This is an update of a Street Sweeper article that was published on May 25, 2011.
On May 17, 2011, a federalIndictment was unsealed in federal court in Manhattan, NY, charging Federal Bureau of Investigation ("FBI") Special Agent Adrian Busby, 37, of El Paso, Texas, with two counts of making false statements. Each count carried a maximum sentence of five years in prison, a fine of the greater of $250,000, or twice the gross gain or loss from the offense. Busby voluntarily surrendered to authorities in El Paso, TX.
NOTE: The charges contained in the Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Allegedly, beginning in late 2007, Busby served as the case agent in a mortgage fraud investigation being conducted by the FBI's New York Division. In connection with that investigation, from January 10, 2008, through September 18, 2008, Busby used an individual as a confidential source of information (the "Confidential Source"). In and of itself, a common practice. However, the Indictment alleged that starting in 2008, Busby engaged in an intimate relationship with the Confidential Source.
The Plot Thickens
Although not identified in the government's May 17, 2011, press release concerning Busby's indictment, according to FBI agent Adrian Busby charged with lying to protect married lover from identity theft charges (New York Daily News, May 17, 2011) :
[T]he Justice Department opened an investigation in 2009 into whether Busby crossed the line with former real estate loan officer Yanet Salazar.
Her jilted husband, Yanko Belliard, tipped off investigators, accusing the G-man of seducing his wife after she agreed to help feds looking into corrupt real-estate dealings in Queens.
Salazar was eventually convicted of identity theft and related charges. . .
Getting in Deeper
The Indictment alleged that on January 10, 2008, in a "Confidential Human Source (CHS) Opening Communication," Busby falsely stated that the Confidential Source was not the subject or target of any criminal investigation. Contrary to his alleged statements, the Indictment asserted that Busby knew that the Confidential Source was the subject or target of an ongoing New York City Police Department and the Queens County District Attorney's Office investigation.
On February 5, 2008, the Confidential Source was arrested by the New York City Police Department and prosecuted by the Queens County District Attorney's Office for identity theft and related charges. The Indictmentalleged that Busby actively assisted with her criminal defense and, on multiple occasions, met with her defense attorney.
In December 2009, during the Confidential Source's trial, in violation of FBI regulations, Busby allegedly provided her defense attorney with various documents among which were confidential, law enforcement-sensitive reports ("Reports") related to her case. Notwithstanding such assistance, on December 15, 2009, after a jury trial, the Confidential Source was convicted.
Following the conviction, the Indictment alleged that Busby falsely stated in a December 22, 2009, FBI report that he had not intentionally provided the defense attorney with the Reports, which the government now contends was a lie.
Jury Trial And Conviction
After a five-day jury trial in Manhattan federal court, on November 1, 2011, Busby was convicted of making four false statements:
- lying to the FBI on the January 2008 form opening the Confidential Source;
- lying to the FBI in December 2009 about whether he had intentionally given FBI reports to the Confidential Source's attorney;
- lying to the Department of Justice's Office of the Inspector General ("DOJ-OIG") in April 2011 about whether he knew the Confidential Source was under investigation when he had signed her up as a source; and
- lying to DOJ-OIG in April 2011 about whether he had intentionally given the FBI reports to the Confidential Source's attorney.
On April 9, 2012, Busby was sentenced in Manhattan federal court to one year and one day in prison for making false statements; one year of supervised release; and ordered to pay a $400 special assessment fee.