Case 9:20-mj-08001-DLB Document 1 Entered on FLSD Docket 01/06/2020 Page 1 of 8

AO 91 (Rev. 08/09) Criminal Complaint

Ff LED BY....5.....
<?_ _ D.C.
UNITED STATES DISTRICT COURT
for the
Southern District of Florida JAN O6 2020
ANGELA E. NOBLE
CLERK U.S. DIST. CT.
United States of America ) S.O. OF FLA. - W.P.B.
v. )
) Case No. 20-8001 -DLB
)
BRANDON MARK MAGNAN )
)
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 _ _ _ _ _0_1_/0_5_/2_0_2_0_ _ _ _ _ in the county of ____P_a_lm_ B_e_a_c_h _ _ _ in the
Southern District of ____ d a_ _ _ _ , the defendant(s) violated:
Fl_o_ri_

Code Section Offense Description

18 U.S.C. § 912 False Personation of Officer or Employee of the United States

This criminal complaint is based on these facts:

PLEASE SEE ATTACHED AFFIDAVIT

gf Continued on the attached sheet.

Printed name and title

Sworn to before me and signed in my presence.

Date: 01/06/2020
Judge's signature

City and state: West Palm Beach , Florida Hon . Dave Lee Brannon U.S. Ma
Printed name and title
Case 9:20-mj-08001-DLB Document 1 Entered on FLSD Docket 01/06/2020 Page 2 of 8

AFFIDAVIT
Case No. 20-8001 -DLB

Your affiant, Samuel Ivanovich, first being duly sworn, does hereby depose and state as

follows:

1. I am a Special Agent of the United States Secret Service ("USSS"), and I have

been so employed since March, 2017. I am presently assigned to the West Palm Beach Resident

Office and have received extensive training in the investigation of counterfeit currency, identity

theft, check fraud, bank fraud, and access device fraud, threating statements toward USS S

protected persons, secure grounds or buildings among other things. I am an investigative or law

enforcement officer of the United States, in that I am empowered by law to conduct

investigations and to make arrests for felony offenses, under the authority of Title 18, United

States Code Section 3056.

2. The information m this affidavit is based on my personal knowledge and

information obtained from other law enforcement personnel, and other individuals who have

personal knowledge of the facts. The information set forth herein is provided solely for the

purpose of establishing probable cause in support of a criminal complaint charging Brandon

Mark MAGNAN (hereinafter "MAGNAN"), with False Personation of an Officer or Employee

of the United States, in violation of Title 18, United States Code, Section 91 2. Because this

affidavit is submitted for the limited purpose of establishing probable cause, it does not include

all of the details of the investigation of which your affiant is aware.

3. On January 5, 2020, a Protective Zone was established around Atlantic Aviation,

which your affiant knows to be located at 3 800 Southern Blvd,, West Palm Beach, Palm Beach

County, Southern District of Florida, to secure the building and grounds in preparation for the
Case 9:20-mj-08001-DLB Document 1 Entered on FLSD Docket 01/06/2020 Page 3 of 8

departure of President of the United States from West Palm Beach, Florida, to Washington, D.C.

Road blocks and identification checkpoints manned by uniformed Palm Beach County Sheriffs

Office (PBSO) Deputies in marked vehicles, U.S. Secret Service Special Agents, and Uniformed

Division Officers control access to the grounds of Atlantic Aviation.

4. Your affiant is aware from his training and experience that in addition to Air

Force One, the President of the United States is also transported on shorter trips by helicopter.

The helicopter used for that purpose is designated Marine One, and is piloted and protected by

members of the United States Marine Corps (USMC). This unit is designated HMX-1 and is

composed of both USMC pilots, ground crew, and USMC military police security officers. Your

affiant is further aware that USMC Military Police are officers and employees of both the

Department of the Navy and the Department of the Defense. Your affiant is aware that on

January 5, 2020, members of HMX-1 were present at the Palm Beach International Airport in

proximity to Atlantic Aviation.

5. At approximately 3:00 p.m., defendant MAGNAN, driving a maroon Honda Pilot,

accompanied by a male in the passenger seat, subsequently identified as "SR," made contact with

PBSO deputies manning the exterior road block and check point located in the vicinity of

Southern Blvd. , and Kirk Road, West Palm Beach, Palm Beach County, Southern District of

Florida. According to deputies, MAGNAN orally identified himself as HMX-1 security and

presented a credential case that purported to certify and identify MAGNAN as a "LAW

ENFORCEMENT OFFICER" of the USMC, and bearing both the seals of the United States

Marine Corps and the United States Marine Corps Executive Flight Detachment. Based on these

representations, deputies permitted MAGNAN to proceed towards Atlantic Aviation.

2
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6. Shortly thereafter, MAGNAN and SR approached a second checkpoint directly in

front of Atlantic Aviation and stated he worked in HMX-1, and presented the aforementioned

credential case identifying himself as a "LAW ENFORCEMENT OFFICER" of the USMC.

Based on those representations, MAGNAN was permitted to proceed onto the grounds of

Atlantic Aviation.

7. Shortly after arnvmg on the grounds of Atlantic Aviation, MAGNAN was

approached by another PBSO deputy who requested to see MAGNAN's credentials. Noting that

MAGNAN was not attired in USMC uniform, as is common practice during active presidential

travel, the PBSO Deputy contacted actual members of the HMX-1 unit who immediately

identified MAGNAN's credentials as counterfeit, based on numerous factors. The PBSO Deputy

further noted that pinned to the exterior of the credential case presented to the deputy by

MAGNAN was a gold-colored Military Police badge bearing the Seal of the United States

Department of the Navy, United States Marine Corps.

8. When confronted with this information by law enforcement, MAGNAN then

claimed to be "retired" HMX-1 personnel. However, an NCIC query conducted by the United

States Secret Service determined MAGNAN was actually dishonorably discharged m

approximately 2010, following his conviction at Court Martial for serious offenses.

9. MAGNAN was interviewed and advised of his Miranda warnings, which he

stated he understood and signed a written waiver. Thereafter, in a recorded interview MAGNAN

admitted to having been dishonorably discharged and not being a current member of the United

States Marine Corps.

10. Wherefore, in view of the foregoing facts , your affiant respectfully submits that

3
Case 9:20-mj-08001-DLB Document 1 Entered on FLSD Docket 01/06/2020 Page 5 of 8

probable cause exists to charge Brandon Mark MAGNAN, with the offense of False Personation

of an Officer or Employee of the United States, and acting as such, in violation of Title 18,

United States Code, Section 912.

FURTHER YOURAFFIANT SAYETHNAUGHT

~ ~cL
SPECIAL AGENT
U.S. SECRET SERVICE

SWORN TO AND SUBSCRIBED BEFORE

ME THIS 6th DAY OF JANUARY, 2020,
IN PALM BEACH COUNTY, SOUTHERN DISTRICT
OF FLORIDA.

HON. DAVE LEE BRANNON

UNITED STATES MAGISTRATE JUDGE

4
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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
PENAL TY SHEET

Defendant's Name: BRANDON MARK MAGNAN

Case No.:
- -20-8001
- - --DLB
------------

Counts# 1

False Personation of an Officer or Employee of the United States

Title 18, United States Code, Section 912

Max. Penalty: 0-3 years' imprisonment; maximum fine of $250 ,000 ; 0-1 year term of
supervised release ; and , a $100 .00 special assessment.
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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NUMBER: 20-8001-DLB

----------
BOND RECOMMENDATION

DEFENDANT: Brandon Mark MAGNAN

PRETRIAL DETENTION is recommended

(Persoftal Suret)') (Corporate Surecy) (Cash) (Pre-Trial Detention)

By:

Last Known Address : - - - - - - - - - - -

What Facility :

Agent(s): SA SAMUEL IVANOVICH

(FBI) (SECRET SERVICE) (DEA) (IRS) (ICE) (OTHER)
U.S. SECRET SERVICE
Case 9:20-mj-08001-DLB Document 1 Entered on FLSD Docket 01/06/2020 Page 8 of 8

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-8001-DLB

UNITED STATES OF AMERICA,

Plaintiff,
vs.

BRANDON MARK MAGNAN,

Defendant.
- - - - - - - - - - - - - - - - - -I
CRIMINAL COVER SHEET

1. Did this matter originate from a matter pending in the Miami Office of the United
States Attorney's Office prior to July 20, 2008?

Yes X No

2. Did this matter originate from a matter pending in the Northern Region of the United
States Attorney's Office (West Palm Beach Office) only prior to December 18, 2011?

Yes X No

3. Did this matter originate from a matter pending in the Fort Pierce Office of the
United States Attorney's Office prior to August 8, 2014?

Yes X No
Respectfully submitted,

BY:
J HN C. McMI~ ~
SSISTANT UNITED ..,....,._,_+-t--r""" S ATTORNEY
Admin. No. A5500228
500 S. Australian Ave., Suite 400
West Palm Beach, FL 33401
Office: (561) 820-8711
John.mcmillan@usdoj.gov