IN THE UNITED STATES DISTRICT FOR THE 

FOR THE WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

JASON LEE VAN DYKE, § 

 § 

Plaintiff, § 

 § 

v. § Case No. 

 § 

THOMAS CHRISTOPHER RETZLAFF, § 

a/k/a DEAN ANDERSON, d/b/a BV FILES, § 

VIAVIEW FILES, L.L.C., and VIA VIEW § 

FILES, § 

 § 

Defendant. § 

DECLARATION OF WALKER WICEVICH 

I, Walker Wicevich, testify as follows: 

1. I am a Special Agent at the Federal FBI in Phoenix, 

Arizona. I have held this position since 2009. As part of my duties, I investigate federal criminal 

activity and specialize in computer-related crimes, including cyberstalking and online 

harassment. 

2. The FBI has an ongoing criminal investigation against Thomas Christopher 

Retzlaff that involves allegations of computer-related crimes, including cyberstalking and online 

harassment. I am the case agent, and am involved in all aspects of the investigation. 

3. James McGibney is a cooperating FBI witness in the ongoing criminal 

investigation against Mr. Retzlaff and others. 

4. I have reviewed the subpoena served upon James McGibney by Defendant 

Thomas Retzlaff in this action. 

5. The subpoena encompasses nonpublic communications, information and materials 

generated between Mr. McGibney and the FBI relating to the ongoing criminal investigation 

against Mr. Retzlaff and others. The investigation also includes communication, information, and 

material exchanged between Mr. McGibney and various state law enforcement agencies. 

Disclosure would jeopardize FBI investigations into Mr. Retzlaff and others and assist in evasion 

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by providing insight into law enforcement activities; how the investigations are being conducted 

and by whom; what information the FBI has in relation to the investigations; the techniques and 

methods being used to gather the information; and the identities and personal information 

concerning sources, witnesses, victims, and law enforcement agents. 

6. The communications, information and materials exchanged between Mr. 

McGibney and the FBI and subject to the subpoena also contain FBI investigative methods and 

techniques that are unknown to the public. Their disclosure would jeopardize FBI investigations, 

Mr. Retzlaff. 

7. The communications, information and materials exchanged between Mr. 

McGibney and the FBI that are subject to the subpoena include identities and personal 

identifying information of nonparty victims, witnesses and law enforcement officials. Disclosure 

would be an unjustified intrusion on their privacy and subject them to potential harassment and 

reprisal. 

8. On June 12, 2018, the FBI executed a search warrant at residence in 

El Mirage, AZ. 

9. While executing the search warrant, the FBI seized numerous pieces of evidence 

including a computer. Mr. Retzlaff was present while the FBI searched his residence. During 

execution of the search warrant, Mr. Retzlaff asked me whether James McGibney was behind the 

search warrant. I did not share any details of the investigation with Mr. Retzlaff. 

10. The information provided in this Declaration is based on my personal knowledge 

and information obtained in the performance of my duties at the FBI 

11. I declare under penalty of perjury that the foregoing is true and correct to the best 

of my knowledge and belief. 

[SIGNATURE PAGE FOLLOWS] 

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EXECUTED this ____ day of June, 2020. ___________________________ Walker Wicevich

Special Agent, Federal Bureau of Investigation

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