Captain James Holt Criminal Complaint FBI

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Criminal complaint file from FBI on Captain James Holt

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Captain James Holt Criminal Complaint FBI

  1. 1. AO 91 (Rev. 02/09) Criminal Complaint UNITED STATES DISTRICT COURT For The Eastern District ofTennessee UNITED STATES OF AMERICA v. JAMES FINLEY HOLT ) ) ) ) ) Case No. 2:14-MJ-148 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 of May 27,2014, in the county of Cocke, in the Eastern District ofTennessee, the defendant violated Title 21 U.S.C. §841(a)(l) and 18 U.S.C. § 924(c), offenses described as follows: COUNT ONE On or about May 27, 2014, in the Eastern District of Tennessee, the defendant, JAMES FINLEY HOLT, did knowingly, intentionally, and without authority distribute hydrocodone, a Schedule II, controlled substance. [21 U.S.C. § 841(a)(1) and (b)(l)(C)] COUNT TWO On or about May 27, 2014, in the Eastern District of Tennessee, the defendant, JAMES FINLEY HOLT, did knowingly possess a firearm in furtherance of drug trafficking offense, as charged in Count One of this Complaint, in violation ofTitle 21, United States Code, Section 841(a)(l) which is hereby incorporated by reference. [18 U.S.C. § 924(c)(l)(A)] 1 Case 2:14-mj-00148-DHI Document 3 Filed 07/18/14 Page 1 of 10 PageID #: 3
  2. 2. This criminal complaint is based on these facts: I, JefferyS. Blanton, am a Special Agent with the Federal Bureau oflnvestigation, United States Department of Justice, and am assigned to the Johnson City Resident Agency (RA) ofthe Knoxville (Tennessee) Division ofthe FBI. I am personally familiar with the facts and circumstances detailed herein, both from my own investigation and from information provided to me from other law enforcement officers. James Finley Holt, subject ofthis FBI and TBI investigation, is a Detective Captain with the Newport Police Department. He has been with that department for many years. Both the FBI and TBI have been receiving allegations of illegal activity by Holt prior to a confidential informant agreeing to cooperate in April of2014. Holt has used his position with the Newport Police Department to engage in criminal activity. Holt and his wife, Kathy, continue to operate a convenience store in Newport, Tennessee. On April2, 2014, a confidential informant (hereafter CI-1) agreed to cooperate and provided information regarding the criminal activity ofNewport Police Detective James Holt. CI-1 admitted that CI-1 had previously sold James Holt certain items that had been stolen by CI- 1 and family. CI-1 said Holt knew these items were stolen. These items included cigarettes, other tobacco related products, dish washing detergent, diapers, other food/dry goods, and gift cards obtained by CI-1 and others by stealing merchandise and then returning the property to the store for a refund in the form of gift cards. CI-1 said that James Holt stocks the stolen property on the shelves of his two stores and sells it as new merchandise. These offenses occurred prior to CI-1 's cooperation with the Tennessee Bureau oflnvestigation. On April23, 2014, CI-1 met with Agents ofthe Tennessee Bureau oflnvestigation. At the direction ofTBI agents, CI-1 placed two recorded telephone calls to James Holt. CI-1 2 Case 2:14-mj-00148-DHI Document 3 Filed 07/18/14 Page 2 of 10 PageID #: 4
  3. 3. arranged a meeting with James Holt later in the afternoon to deliver five cartons of cigarettes which CI-1 represented to Holt as stolen from a convenience store located in Jefferson County, Tennessee. CI-1 was provided with five cartons of cigarettes that had been purchased by TBI to represent stolen merchandise. CI-1 was searched, fitted with an electronic transmitting device, digital recording device, and a covert camera system. CI-1 was followed by a surveillance team to 405 Cosby Highway Newport, Tennessee. 405 Cosby Highway is the location of a convenience store owned and operated by Holt and his wife, Kathy Holt. While traveling, a surveillance team, already in position at the business, observed James Holt arrive at the business in a black Dodge Charger bearing Tennessee plate # E92-69K. The car was furnished to Holt by the Newport Police Department. James Holt exited the driver's seat wearing a holstered handgun on his left side waistband and a badge clipped to his belt. James Holt entered the business. A short time later, CI-1 arrived at the business. CI-1 met with James Holt. During the course ofthe meeting, CI-1 represented the five cartons ofcigarettes as stolen and told James Holt that the source for the cigarettes was about to "hijack a load "from the store she is working at in Jefferson County. James Holt agreed to purchase any cigarettes that CI-1 brings him. During the transaction, James Holt paid CI-1 $60.00 in US currency for the five cartons of cigarettes and agreed to credit CI-1 on a prior debt. HOLT received a total of five cartons of cigarettes valued at $268.83. After the transaction, the surveillance team followed CI-1 back to a predetermined location. Agents recovered the $60 and again searched CI-1 's person and vehicle for contraband. On April25, 2014, TBI Special Agent Matthew Thompson met with CI-1 in Newport, Tennessee. CI-1 reported that James Holt had called him/her on April24, 2014, and said that if 3 Case 2:14-mj-00148-DHI Document 3 Filed 07/18/14 Page 3 of 10 PageID #: 5
  4. 4. CI-1 could obtain anymore merchandise to bring it to Holt first, before offering it to anyone else. TBI SA Mathew Thompson checked CI-1 's mobile phone call logs and noted the call in the phone as reported. At approximately 1:56PM, CI-1 sent an outgoing text message to James Holt which read: "give me a call got cigs and stuff'. At approximately 1:59 p.m., CI-1 received an incoming text message from James Holt which read: "ok 5 min." At approximately 2:06p.m., CI-1 received an incoming call from James Holt. In a recorded conversation, CI-1 spoke to James Holt. Cl-1 was fitted with an electronic transmitting device, a digital recording device and a covert camera system. CI-1 was given twelve cartons of cigarettes and twenty-nine packages of candy that had been purchased by TBI to represent stolen merchandise. CI-1 was followed by a surveillance team to 405 Cosby Highway Newport, Tennessee. Upon arrival in the parking lot, CI-1 called James Holt and notified him that CI-1 was in the parking lot. HOLT met with the . CI-1 at his/her vehicle and inspected the merchandise in the trunk. CI-1 later sold James Holt all of the merchandise for $235 in U.S. currency. The actual value ofthe merchandise was $611.61. CI-1 told James Holt that his source did not want to "steal" items if James Holt was not interested in buying them and suggested providing a list of needed merchandise. During the transaction, Holt had a firearm holstered on his left hip and badge clipped on his belt. During the transaction, James Holt told CI-1 that he suspected LWin a recent burglary in Newport, Tennessee, in which a large quantity of cigarettes were stolen. James Holt instructed CI-1 to locate LWand attempt to purchase the cigarettes from the burglary. James Holt agreed to purchase the stolen cigarettes if CI-1 could locate them. During the transaction, CI-1 was provided a piece of paper containing a list of merchandise written by Kathy Holt that contained merchandise they wanted CI-1 to have stolen for them. After the transaction, the surveillance 4 Case 2:14-mj-00148-DHI Document 3 Filed 07/18/14 Page 4 of 10 PageID #: 6
  5. 5. team followed CI-1 back to a predetermined location~ Agents recovered the $235 and again searched CI-1 's person and vehicle for contraband. On April30, 2014, CI-1 met Agents ofthe Tennessee Bureau oflnvestigation. Through recorded telephone calls, CI-1 contacted James Holt. CI-1 arranged to deliver merchandise purported to be stolen to James Holt. James Holt and CI-1 agreed to meet at James Holt's store in 15 to 20 minutes. CI-1 was provided with ten cartons of cigarettes, twelve packages of candy and eleven packages ofbeefjerky that had been purchased by TBI to represent as stolen merchandise. CI-1 was searched, fitted with an electronic transmitting device, digital recording device, and a covert camera system. CI-1 was followed by a surveillance team to 405 Cosby Highway Newport, Tennessee. CI-1 met with James Holt. CI-1 sold all ofthe merchandise to James Holt and was paid $180 for the merchandise. The actual value ofthe merchandise was $592.89. During the transaction, hydrocodone pills were discussed and James Holt agreed to provide hydrocodone pills to CI-1 in exchange for stolen merchandise in future transactions. After the transaction, the surveillance team followed CI-1 back to a predetermined location. Agents recovered the $180 and again searched CI-1 's person and vehicle for contraband. On May 1, 2014, CI-1 met with Agents ofthe Tennessee Bureau oflnvestigation. Through recorded telephone calls, CI-1 contacted James Holt. CI-1 arranged to meet with James Holt at his store to pick up hydrocodone pills in approximately five minutes. CI-1 was searched, fitted with an electronic transmitting device, digital recording device, and a covert camera system, and was followed by a surveillance team to 405 Cosby Highway Newport, Tennessee. CI-1 met with James Holt. During the meeting, James Holt provided CI-1 with ten (7.5 mg) Hydrocodone pills to be used to exchange for stolen merchandise. After the meeting, the surveillance team followed CI-1 back to a predetermined location. Agents recovered the hydrocodone pills and again searched CI-1 's person and vehicle for contraband. 5 Case 2:14-mj-00148-DHI Document 3 Filed 07/18/14 Page 5 of 10 PageID #: 7
  6. 6. On May 2, 2014, CI-1 met with Agents ofthe Tennessee Bureau of Investigation. Through text messaging CI-1 contacted James Holt. CI-1 was provided with twelve cartons of cigarettes and 90 candy bars that TBI had purchased to represent stolen merchandise. CI-1 was searched, fitted with an electronic transmitting device, digital recording device, and a covert camera system, and was followed by a surveillance team to 405 Cosby Highway Newport, Tennessee, where CI-1 met with James Holt. CI-1 sold the merchandise to James Holt and was paid $240 US currency for the merchandise. The actual value of the merchandise was $689.30. During the transaction, James Holt deducted $50.00 from the total for the hydrocodone pills provided to the CI-1 on May 1, 2014. On May 7, 2014, CI-1 met with Agents ofthe Tennessee Bureau oflnvestigation. Through a recorded telephone call, CI-1 contacted James Holt. Cl-1 arranged to deliver merchandise purported to be stolen to James Holt in exchange for money and hydrocodone pills. Cl-1 was provided with ten cartons of cigarettes, ten cans of smokeless tobacco and twelve packages of beefjerky that had been purchased by TBI to represent to Holt as being stolen merchandise. CI-1 was searched, fitted with an electronic transmitting device, digital recording device, and a covert camera system, and was followed by a surveillance team to 405 Cosby Highway, Newport, Tennessee, where CI-1 met with James Holt. CI-1 sold all the merchandise to James Holt and was paid $165. The actual value ofthe merchandise was $537.19. After the stolen merchandise transaction, Cl-1 paid James Holt $50.00 from the $165 that James Holt just gave him. James Holt walked out to his police car and obtained ten 7.5 mg hydrocodone pills from inside the Newport Police car. James Holt provided CI-1 with ten 7.5 mg hydrocodone pills. On May 27,2014, agents ofthe Tennessee Bureau oflnvestigation met with CI-1 in Newport, Tennessee, to arrange and conduct a controlled sale of stolen merchandise to Newport 6 Case 2:14-mj-00148-DHI Document 3 Filed 07/18/14 Page 6 of 10 PageID #: 8
  7. 7. Police Department Detective James Holt. Through a recorded telephone call, CI-1 arranged to meet James Holt at a gas station owned and operated by James Holt in Newport, Tennessee. Later that evening, CI-1 met with Holt at the Mobile Gas Station located at 405 Cosby Highway Newport, Tennessee. Holt was wearing a holster and firearm. CI-1 provided Holt with eleven cartons of cigarettes and assorted Harley Davidson gear and represented them to be stolen merchandise. James Holt agreed to purchase the cartons of cigarettes for twenty dollars each and the other merchandise for halfthe retail value. CI-1 's girlfriend had an outstanding debt with Holt and CI-1 agreed to take out $40 off the total. Holt paid CI-1 $1 70 for the purported stolen merchandise. The actual value of the merchandise was $532.94. During the transaction, Kathy Holt provided CI-1 a list of stolen merchandise that she and James wanted the CI to obtain for future delivery. After the stolen merchandise transaction, CI-1 paid James Holt $10.00 from the $180 that James Holt just gave him for pills. James Holt walked out to his police cruiser and obtained (2) 7.5 mg hydrocodone pills from his vehicle. Holt was wearing a firearm and displaying his Newport PD identification when he provided the drugs to CI-1. The transaction was surveilled by agents of the Tennessee Bureau oflnvestigation. This transaction was also video recorded by a covert camera system. On June 4, 2014, Agents of the Tennessee Bureau oflnvestigation met with CI-1 in Newport, Tennessee. The purpose of the meeting was to arrange and conduct a controlled sale of stolen merchandise to Newport Police Department Detective Captain James Holt. Through a recorded telephone call, CI-1 arranged to meet James Holt. Later that evening, CI-1 met with Holt at the Mobile Gas Station located at 405 Cosby Highway, Newport, Tennessee. CI-1 provided HOLT with twelve cartons of cigarettes and $1,600 of assorted Harley Davidson gear and represented them to be stolen merchandise. James Holt agreed to purchase the cartons of cigarettes for twenty dollars each and some of the other merchandise for half the retail value. 7 Case 2:14-mj-00148-DHI Document 3 Filed 07/18/14 Page 7 of 10 PageID #: 9
  8. 8. (two vests, two shirts, one helmet, three skull caps and one key chain). CI-1 's girlfriend had an outstanding debt with Holt and Cl-1 agreed to take out $40 offthe total. Kathy Holt paid Cl-1 $510 for the purported stolen merchandise. The actual value ofthe merchandise purchased was over $1,000. This transaction was monitored and recorded by agents ofthe Tennessee Bureau of Investigation. This transaction was also video recorded by a covert camera system. On June 18,2014, TBI agents met with CI-1 in Newport, Tennessee. The purpose of the meeting was to arrange and conduct a controlled sale of stolen merchandise to Newport Police Department Detective James Finley Holt. Through several text messages, CI-1 arranged to meet James Holt at the West End Exxon gas station, formerly owned and operated by James Holt in Newport, Tennessee. Later that evening, CI-1 met with James Holt at the West End Exxon on West Broadway Street in Newport, Tennessee. James Holt was carrying a firearm. CI-1 provided Holt with thirteen cartons of cigarettes and represented them to be stolen merchandise. James Holt agreed to purchase the cartons of cigarettes for twenty dollars each. CI-1 's girlfriend had an outstanding debt with Holt and CI-1 agreed to take out $40 off the total and have James Holt owe him $20 toward pills CI-1 would receive the following day. James Holt paid CI-1 $200 for the purported stolen merchandise. The actual value ofthe merchandise purchased was $596.78. Holt also discussed selling hydrocodone to CI-1 on a future date. This transaction was monitored and recorded by agents ofthe Tennessee Bureau oflnvestigation. This transaction was also video recorded by a covert camera system. On June 19,2014, TBI Agents met with CI-1 in Newport, Tennessee. The purpose ofthe meeting was to arrange and conduct a controlled sale of purported stolen merchandise to Newport Police Department (NPD) Detective James Holt and to continue to buy drugs from Holt. Through a text message and telephone call, CI-1 arranged to meet James Holt at the Mobil gas station (The Pit Stop), owned and operated by James and Kathy Holt in Newport, Tennessee. 8 Case 2:14-mj-00148-DHI Document 3 Filed 07/18/14 Page 8 of 10 PageID #: 10
  9. 9. Later that evening, CI-1 met with James and Kathy Holt at the Mobil gas station located on Cosby Highway, Newport, Tennessee. James Holt had a pistol holstered on his belt. CI-1 provided James and Kathy Holt three cartons of candy bars and represented them to be stolen merchandise. James Holt told CI-1 that he didn't have hydros, but could supply CI-1 "totem poles" (Xanex). During the transaction, agents surveilled Holt as he went to the Newport Police Department to pick up the pills and then delivered them to CI-1 at the Mobil Gas Station. James Holt paid CI-1 eight Xanax pills for the purported stolen merchandise. The actual value ofthe merchandise purchased was $11 7.99. This transaction was monitored and recorded by agents of the Tennessee Bureau of Investigation. This transaction was also video recorded by a covert camera system. On June 30, 2014, Holt came to CI-1 's residence in Cocke County, Tennessee and met with CI-1 's girlfriend while CI-1 was present. James Holt delivered (2) Xanax pills and (2) Hydrocodone pills to CI-1 's girlfriend. CI-1 was able to record part ofthe meeting between James Holt and CI-1 and his girlfriend. However, this was an unexpected event and as a result, it was not a monitored by law enforcement. CI-1 's girlfriend is unaware of CI-1 's cooperation with law enforcement. Therefore, seizure of the narcotics was impossible without exposing CI- 1's cooperation. On July 1, 2014, TBI agents met with CI-1 in Newport, Tennessee. The purpose ofthe meeting was to arrange and conduct a controlled sale of purported stolen merchandise to Holt and continue to buy controlled substances from Holt. Through a telephone call, CI-1 arranged to meet James Holt at the Mobile gas station (The Pit Stop), owned and operated by James and Kathy Holt in Newport, Tennessee. Later that evening, CI-1 met with James and Kathy Holt at the Mobile Gas Station located on Cosby Highway in Newport, Tennessee. James Holt had a pistol holstered on his side. CI-1 provided James and Kathy Holt with twelve cartons of 9 Case 2:14-mj-00148-DHI Document 3 Filed 07/18/14 Page 9 of 10 PageID #: 11
  10. 10. cigarettes and represented them to be stolen merchandise. James Holt agreed to purchase the cartons of cigarettes for twenty dollars each. CI-1 's girlfriend had an outstanding debt with James Holt and Cl-1 agreed to take out $40 offthe total. James and Kathy Holt paid CI-1 $160 for the purported stolen merchandise. James Holt provided CI-1 with eight Xanax pills and two pieces of pills for $40 credit on the cigarette purchase. The actual value ofthe merchandise purchased was $593.49. CI-1 observed a pistol on the console of Holt's unmarked Newport Police Department vehicle along with a pill bottle when Holt got the pills from his police ·car. This transaction was monitored and recorded by agents ofthe Tennessee Bureau oflnvestigation. This transaction was also video recorded by a covert camera system. During the course ofthe investigation, the merchandise furnished to James and Kathy Holt was marked by TBI so that it could be identified later. Undercover agents then purchased items from the shelves of the Holts' convenience store, which were confirmed to be the same property CI-1 had sold to Holt as stolen merchandise. Sworn to before me and signed in my presence. Date: JUh V /f, 20J}/ // City and state: Greeneville, Tennessee 10 '3"EFRR-'i s.J3LA,_,7()1--, -~A F~ Printed name and title Dennis H. Inman, U.S. Magistrate Judge Printed name and title Case 2:14-mj-00148-DHI Document 3 Filed 07/18/14 Page 10 of 10 PageID #: 12

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