FBI Used Spy Device To Snoop On Accused Opioid Kingpin: 5 Fast Facts

DETROIT, MI — The FBI used a spy gadget typically used to fight terrorism to track down a jet-setting Metro Detroit businessman who is among seven people accused in a massive, $164 million opioid prescription scheme. The case is among those highlighted July 13 by Attorney General Jeff Sessions in his announcement of a historic health care fraud takedown that netted 412 arrests, including 56 doctors, collectively accused of defrauding the government by $1.3 billion.

The spy device was used to track down Mashiyat Rashid, 37, of West Bloomfield Township, who owns the Tri-County Network, a group of seven medical clinics, massage therapy and pain management clinics, and a laboratory. Rashid was described by the government as the kingpin of the operation.

Others charged were Yasser Mozeb, of Oakland County; Dr. Spilios Pappas of Lucas County, Ohio: Dr. Abdul Haq, of Washtenaw County; and Oakland County physicians Dr. Joseph Betro, Dr. Tariq Omar and Dr. Mohammed Zahoor, according to court documents.

The Detroit News exclusively obtained court documents the newspaper said “illustrate the creeping use of a terrorism-fighting tool to solve a variety of crimes, including immigration offenses.” (For more local news, click here to sign up for real-time news alerts and newsletters from Detroit Patch, and click here to find your local Michigan Patch. If you have an iPhone, click here to get the free Patch iPhone app.)

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Here are five things to know about the spy device and how it has been used:

What is it? The device used by the FBI was a cell-site simulator, authorized by a federal magistrate on July 10, the same day a surveillance team tailing Rashid saw him withdraw $500,000 from a bank and stuff the cash in a duffel bag. Cell-site simulators masquerade as a cell phone tower, which tricks the phone and allows agents to listen in. They’re also known as “stingrays” or “IMSI catchers.”

What other agencies are snooping? The American Civil Liberties Union says at least 72 agencies in 24 states and the District of Columbia have stingray snooping devices. In Michigan, the Oakland County Sheriff’s Office and Michigan State Police both use the counter-terrorism listening devices. Besides the FBI, other federal agencies known to use the devices are the IRS, Secret Service, Immigration and Customs Enforcement, Marshals Service and Bureau of Alcohol, Tobacco, Firearms and Explosives. The Army, Navy, Marines, National Guard, U.S. Special Operations Command and National Security Agency also use cell-site simulators. Check the map to find out who has them in your state.

Why is that a problem? The ACLU says police and law enforcement can gather information not only from a suspect’s phone but also from the phones of people who aren’t targeted. “The technology also sweeps up information about bystanders’ phones in the area, and in doing so, sends probing signals into the homes and offices of innocent people to reach phones inside,” the ACLU said. “Some agencies attach these devices to planes, helicopters, and other aircraft, increasing the impacted geographic area. In addition, some versions of the technology also permit law enforcement to intercept metadata about ongoing calls and text messages or, in some cases, even the content of communications.”

Have stingrays been used in other Michigan investigations? ICE used cell-site simulators to snoop on undocumented immigrants after President Trump ordered a crackdown on people who have entered the country illegally, and he ATF used the device to gather information on a Metro Detroit man accused in a low-level gun crime, The Detroit News reported.

Does the government have carte blanche authority to use the devices? Justice Department policies require warrants and court orders, but there is no policy for local police agencies, The Detroit News said.

For more on this, go to The Detroit News.

This undated file photo provided by the U.S. Patent and Trademark Office shows the StingRay II, a cellular site simulator used for surveillance purposes manufactured by Harris Corporation, of Melbourne, Florida. (U.S. Patent and Trademark Office via AP, File)