Criminal Complaint — United States v. Maurice Fayne (Dkt. 54, N.D. Ga. No. 1:20-cr-00228, GAND 278523)

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U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 54 · 2020-08-06 · Docket on CourtListener

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UNITED STATES OF AMERICA
Plaintiff,
ATLANTA DIVISION
CRIMINAL ACTION
FILED IN CLERK’S OFFICE
iiS.D.C. D~anta
AUG 06 2020
V.
I
CASE NO. l:20-CR-228
~A ~
I
CASE NOs. 1:20-MJ-370, 364,
361, 360, 355 and 1:20-MC-833,
MAURICE FAYNE,
FICTITIOUS DEFENDANT
Defendant,
I
1 :20-CR-228-MHC-JKL,
1:20-CR-228-MHC-JKL
MOTION TO SUPPRESS CRIMINAL AFFIDAVIT AND ALL EVIDENCE
COMES NOW, maurice johnson fayne el, a aniyunwan Moor American
National, but not Citizen of the United States moves the court to suppress the
criminal affidavit and exclusion of all evidence physical and testimonial, obtained
and derived from or through or as a result of the Federal Bureau of Investigation
agents, including but limited to any other law enforcement agency’s unlawful
entry, search, arrest and detention which occurred on May 11th 2020 and May 1 3th
2020. The unlawful entry, search, arrest and detention that occurred at 4029
Mountain Side Trail, Dacula Georgia 30019 violated the Federal Fourth and Fifth
Amendments to THE CONSTITUTION OF THE UNITED STATES OF
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
AMERICA where it written, The right of the people to be secure in their persons,
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houses, papers, and effects, against unreasonable searches and seizures, shall not
be violated, and no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.
1. Specifically, maurice johnson fayne el, a Moor America National moves the
court to suppress the criminal complaint and the affidavit that accompanied it.
2. The search and seizure warrant and the affidavit that accompanied it.
3. The arrest warrant and the affidavit that accompanied the arrest warrant it.
4. Any statements made by the alleged defendant, signed or unsigned, or any oral
statements or confessions made by the maurice johnson fayne el.
5. Any and all other property, papers, information, or testimony pertaining to
maurice johnson fayne el, obtained or taken from him, on or about May 11, 2020
and at any time thereafter, by agents, employees of the Federal Bureau of
Investigations, neighboring field officers of the Federal Bureau of Investigations,
Attorney’s, investigators or employees of the United States Attorneys Office or by
any other person, law enforcement agencies including, but limited to Gwinnett
County Sheriff officers, Gwinnett Police department officers acting in concert with
them.
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6. Any and all other property, papers, information or testimony pertaining to the
Respondent obtained as the fruit of the illegal and unlawful search, seizure,
detention, interrogation and arrest that occurred on or about May 1 1th, 2020.
7. The Criminal Indictment and Superseding Indictment. They are not signed under
oath or affirmation. Without a sworn affidavit attached, they are nothing more than
unsworn statements.
INTRODUCTION
maurice johnson fayne, el a Moor American National, but not a citizen of the
United states moves the court and files this motion to suppress evidence gathered
and filed by the Federal Bureau of Investigation agents and other law enforcement
agencies using tactics prohibited by the Fourth Amendment and Fifth Amendment
of The Constitution of the United States of America.
Agents of the Federal Bureau of Investigation, Gwinnet County Sheriff Officers,
Gwinnett County Police Department Officers, any and all other law enforcement
agencies, including investigators and any employees, affiliate, third party(s) of the
aforementioned violated the Fourth Amendment in three main ways. First, Federal
Bureau Investigation agents, officers from Gwinnett County Sheriffs Office and
Gwinnett County Police Department barged into maurice johnson fayne el home
without maurice johnson fayne el voluntary consent, and without a valid warrant.
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Second, Federal Bureau Investigation agents, Gwinnett County Sheriff officers and
Gwinnett Police Department officers deliberately used coercion and duress to
conduct the search and seizure. Third, agents had no articulable reason to harbor
suspicion that maurice johnson fayne el and any derivative of the name had
violated the law. Suspicion is not a crime. The Federal Bureau of Investigation
agents also violated the Fifth Amendment by coercing maurice johnson fayne el
into making statements involuntarily and in a fundamentally unfair manner. The
Federal Bureau of Investigation agents’ blatant violations of the Fifth Amendment
require this Court to suppress the evidence before it.
Agents also violated their Oaths of Office and the Fourth of Amendment,
providing yet another reason for this Court to suppress the evidence before it. The
Federal Bureau Investigations agents and other law enforcement agencies violated
the Fourth Amendment protected rights of maurice johnson fayne el which requires
them to obtain a valid warrant or his voluntary consent before the search, develop
reasonable suspicion ( articulable facts) before questioning and seizing him,
refrain from placing maurice johnson fayne el under coercion and duress during
the search, and adhere to certain procedures during arrests and the seizing of his
private property.
The original search and seizure warrant submitted and filed with Clerk of
The United States District Court, Northern District of Georgia by Special Agent
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Paul Fike of Federal Bureau Investigations did not have the required court seal
affixed, nor wasn’t it signed by James H. Hatten. All writs and process issuing
from a court of the United States shall be under seal of the court and signed by the
clerk. The affidavit that Special Agent Paul Fike of Federal Bureau Investigations
was not signed under oath or affirmation as required by the Fourth Amendment.
Specifically, he didn’t signed the search warrant affidavit at all. The Affidavit that
Special Agent Paul File prepared, filed and submitted to the United States District
Court, Northern District of Georgia is not based on firsthand knowledge. All
affidavits must be on the affiant’s firsthand knowledge of the facts. Statements
made by Special Agent Paul Fike of the Federal Bureau of Investigation are
hearsay and unsworn statements. Accordingly, this Court must suppress evidence,
the search warrant and affidavit collected through the Federal Bureau
Investigations agents’ egregious Constitutional protected rights of maurice Johnson
fayne el or, in the alternative, hold an evidentiary hearing to determine whether
suppression is warranted.
The original arrest warrant submitted and filed with Clerk of The United
States District Court, Northern District of Georgia by Special Agent Paul Fike of
Federal Bureau Investigations did not have the required court seal affixed, nor
wasn’t it signed by James H. Hatten. All writs and process issuingfrom a court of
the United States shall be under seal of the court and signed by the clerk. The
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affidavit that Special Agent Paul Fike of Federal Bureau Investigations was not
signed under oath or affirmation as required by the Fourth Amendment. As
required in the rule, the magistrate did not acknowledge in writing on the warrant
that he or she actually placed Special Agent Paul Fike under oath prior to issuing
the arrest warrant. Specifically Special Agent Paul Fike of the Federal Bureau of
Investigation did not sign the arrest affidavit at all. The Affidavit that Special
Agent Paul File prepared and filed in the United States District Court, Northern
District of Georgia is not based on firsthand knowledge. All affidavits must be on
the affiant’s firsthand knowledge of the facts. Statements made by Special Agent
Paul Fike of the Federal Bureau of Investigation are hearsay and unsworn
statements. Accordingly, this Court must suppress evidence, the search warrant and
affidavit collected through the Federal Bureau Investigations agents’ egregious
Constitutional protected rights of maurice johnson fayne el or, in the alternative,
hold an evidentiary hearing to determine whether suppression is warranted.
The original Criminal Complaint submitted and filed with clerk of The United
States District Court, Northern District of Georgia by Special Agent Paul Fike of
Federal Bureau Investigations did not have the required court seal affixed, nor
wasn’t it signed by James H. Hatten. All writs and process issuing from a court of
the United States shall be under seal of the court and signed by the clerk. The
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affidavit that Special Agent Paul Fike of Federal Bureau Investigations was not
signed under oath or affirmation as required by the Fourth Amendment.
Specifically, he did not sign the complaint affidavit at all. The Affidavit that
Special Agent Paul File prepared, filed and submitted to the United States District
Court, Northern District of Georgia is not based on firsthand knowledge. He is
testifying to statements he has no firsthand knowledge of. He is recalling alleged
allegations that he was not a witness to. All affidavits must be on the affiant’s
firsthand knowledge of the facts. Statements made by Special Agent Paul Fike of
the Federal Bureau of Investigation are hearsay and unsworn statements.
Accordingly, this Court must suppress evidence, the search wanant and affidavit
collected through the Federal Bureau Investigations agents’ egregious
Constitutional protected rights of maurice johnson fayne el or, in the alternative,
hold an evidentiary hearing to determine whether suppression is warranted.
STATEMENTS OF FACTS
On May 1 1th, 2020 maurice johnson fayne el, heard a loud bang on the door
of his private home. In a half-awake state, maurice johnson fayne el got out of his
bed and looked outside of his bedroom window. He saw several men in uniforms,
holding guns. He didn’t know who they were or what they were at his private
home for. He heard one of the men yell several times “open the door,” “open the
door.”
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Exhausted and confused, maurice johnson fayne el, open the door to see
what they wanted. Several Federal Bureau Investigations agents, Gwinnett County
Sheriff offices and Gwinnett County Police Officers, several displaying guns
walked through the door into his house “yelling get down on the floor, “get down
on the floor.” None of the agents asked maurice johnson fayne el permission to
enter. With guns pointed in his face, maurice johnson fayne and afraid for his life
complied and got down on the floor. One of the agents quickly placed handcuffs on
maurice johnson fayne el. The agent did not read maurice johnson fayne el his
miranda rights. An agent picked him up from the floor to a standing position and
began to search his person. While still standing the agent stated, “We are here for
three pieces of custom jewelry.” The agent did not present maurice johnson fayne
el with a lawful search and seizure wanant. maurice johnson fayne el immediately
led the agent to the bedroom with the three pieces of jewelry, which were on a
night stand along with other pieces of jewelry. At this point they did not take the
three pieces of jewelry that maurice johnson fayne el escorted them to. The agent
then escorted maurice johnson fayne el out of the couch back into the living room
and placed on the couch in a sitting position. Other agents began to enter his house
and began to search his home unlawfully. As the other officers search his house he
could hear some yelling, “clear”, “clear”, “clear” As mauricejohnson fayne el was
sitting on the couch, he then asked the agent, “Am I under arrest?” The agent
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replied, “no, you don’t have to talk to us.” maurice johnson fayne el replied, “I feel
like I am. I’m sitting here in handcuffs. At a point the officer pulled out a tape
recorder. maurice johnson fayne el stated to the agent, “what do you want to
know?” The agent asked a few questions. The officer then showed Arvest Bank
Statements for Flame Trucking, not Fayne Trucking. maurice johnson fayne el,
stated, “those are not mine.” Without being able to inspect a lot of documents and
verify that the documents were certified from a bank was the reason maurice
johnson fayne el, stated,” those are not mine.” Agent Paul Fike asked maurice
johnson fayne el, “did he by the Rolls Royce from the proceed from the PPP
loan?” maurice johnson fayne el replied, Kind of sort of, but I don’t want to talk
about it until I have an attorney.
Special Agent Paul Fike then stopped the recording and made a phone call to
see if maurice johnson fayne el invoked his fifth amendment right. He then
restarted the tape record proceeded to ask maurice johnson fayne el another
question. He asked him, “Do you know Sharon Thompson?” maurice johnson
fayne el, replied, Yes. At United Community Bank. The officer replied, “You don’t
know a Sharon Thompson in Arkansas, the one $40,000 was sent to. maurice
johnson fayne el replied, “No I don’t anything about 40,000 being sent to Sharon
Thompson. The only Sharon Thompson I know works at United Community Bank.
Shortly after that they started talking about football, because at this moment they
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were on the balcony because maurice johnson fayne el was smoking a cigarette.
Shortly the officers left. When maurice johnson fayne el walked back into his room
he noticed the Federal Bureau Investigation Agents took more than the three pieces
of custom jewelry they stated that they originally came for. maurice johnson fayne
el immediately call Special Agent Paul Fike and told him that they took more than
three pieces ofjewelry. Special Agent Paul Fike, then stated, “It went to another
location, but he was going to get my phone back to me, but he would ask for it.
About 3 or 4 hours later, they returned with my phone, but not all the other jewelry
and items they unlawfully took from maurice johnson fayne el home. The next day
he called and asked, “are you home? We are going to bring you your jewelry.
maurice johnson fayne el gave him his attorney name and told him to contact her.
On Wednesday May l3~ 2020 maurice johnson fayne el received a call from his
then attorney and she informed him that there was an arrest warrant for. He later
turned himself in that same day along with his attorney at that time. He no longer
has an attorney.
Any reasonable Federal Bureau Agent, Sheriff officer or any law
enforcement agent who has received internal training “should be aware of the 4th
amendment to the Constitution” Furthermore any Agent of the Federal Bureau
Investigation, supervisor, any agent in a senior superior position over field agents
should know they were required under the 4th amendment to have a valid, lawful
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search and seizure warrant, as well as a valid, lawful arrest warrant. Paul Fike of
Federal Bureau Investigation, Officers from the Gwinnett County Sheriff Office
and Officers of the Gwinnett County Police Office and any other law enforcement
agency did not have a lawful search and seizure warrant, nor arrest warrant, as
required by THE CONSTITUTION of THE UNITED STATES OF AMERICA.
The unlawful search and seizure warrant as well as the arrest warrant are void and
can’t be enforced.
WHEREFORE, I pray that this court grants the suppress the Criminal
Affidavit and all other evidence, physical and testimonial obtained and seized by
the Agents of Federal Bureau Investigation and return all private property to
maurice johnson fayne el because of the unlawful search and seizure warrant,
along with the arrest warrant used to violate his constitutionally protected due
process rights.
I declare (or certify, verify, or state) under penalty of perjury under the laws of the
United States of America that the foregoing is true and correct
Respectfully submitted this 6th day of August, 2020, by
flCt
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maurice johnson fayne el
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CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion to Suppress Criminal Affidavit and all
other Evidence has been formatted in Times New Roman 14 pt., in accordance
with Local Rule 5. 1B, and was electronically filed this day with the Clerk of Court
using CM!ECF system which will automatically send email notification of such
filing to the following counsel of record:
James N. Hatten Clerk of Court
Attorney John Russell Phillips
UNITED STATES DISTRICT COURT
Richard B. Russell Federal Building
NORTHERN DISTRICT OF GEORGIA
United States Attorney’s Office
Richard B. Russell Federal Building
75 Ted Turner Drive, SW #600
2211 United States Courthouse
Atlanta, Georgia 30303-3309
75 Ted Turner Drive, SW
(404) 581-6000
Atlanta, Georgia 30303-3309
Email: russell.phillips@usdoj.gov
(404) 215- 1600
Attorney Bernita Malloy
Attorney Byung J. Pak
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Richard B. Russell Federal Building
Richard B. Russell Federal Building
United States Attorney’s Office
United States Attorney’s Office
75 Ted Turner Drive, SW #600
75 Ted Turner Drive, SW #600
Atlanta, Georgia 30303-3309
Atlanta, Georgia 30303-3309
(404) 581-6000
Email: Bernita.Malloy@usdoj.gov
Attorney Michael John Brown
Richard B. Russell Federal Building
United States Attorney’s Office
75 Ted Turner Drive, SW #600
Atlanta, Georgia 30303-3309
Email: Michael.j .brown2@usdoj .gov
maurice Johnson fayne-el
do 6608 N Western Avenue # 1307
Oklahoma City, Oklahoma [73116] U.S.A
770-846-1034
Email: rnaurice~ohnsonfayne.e1trust@ grnail.com
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