AO 91 (Rev. 11/11) Criminal Complaint AUSA Albert Berry III (312) 886-7855

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

v.

CASE NUMBER: 20 CR 546

UNITED STATES OF AMERICA

BRIAN HAYWOOD and

MARQUEES FRENCH

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 August 25, 2020, at Chicago, in the Northern District of Illinois, Eastern Division, the

defendant(s) violated:

Code Section

Title 18, United States Code, Section

922(d)(I)

Offense Description

selling and otherwise disposing of a firearm, namely a

Taurus, model TH40, .40 caliber semiautomatic pistol,

bearing serial number SLTOOI63, to a person,

knowing and having reasonable cause to believe that

such person had been convicted, in any court, of a

crime punishable by imprisonment for a term

exceeding one year

This criminal complaint is based upon these facts:

_x_ Continued on the attached sheet.

Pursuant to Fed. R. Crim. P. 4.1, this complaint is presented by reliable electronic means. The above-named

agent provided a sworn statement attesting to the truth of the foregoing affidavit by telephone.

Date: August 26. 2020

Judge's signature

City and state: Chicago, Illinois SHEILA FINNEGAN, U.S. Magistrate Judge

Printed name and title

FILED 8/26/2020

THOMAS G. BRUTON CLERK, U.S. DISTRICT COURT

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

AFFIDAVIT

I, THOMAS CALLAGHAN,being duly sworn, state as follows:

1. I am a Special Agent with the Federal Bureau of Investigation ("FBI"),

and have been so employed since July 2010. My current responsibilities include the

investigation of violent crimes, including, among others, homicides, kidnaping, and

bank robbery, and the apprehension of violent fugitives.

2. This affidavit is submitted in support of a criminal complaint alleging

that BRIAN HAYWOODand MARQUEES FRENCH have violated Title 18, United

States Code, Section 922(d)(1). Because this affidavit is being submitted for the

limited purpose of establishing probable cause in support of a criminal complaint

charging HAYWOODand FRENCH with selling or disposing a firearm to a person

they knew or had reasonable cause to believe was a felon, I have not included each

and every fact known to me concerning this investigation. I have set forth only the

facts that I believe are necessary· to establish probable cause to believe that the

defendant committed the offense alleged in the complaint.

3. This affidavit is based on my personal knowledge, information provided

to me by other law enforcement agents, information provided to me by a confidential

source, and information obtained from audio and video recordings.

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FACTS SUPPORTING PROBABLE CAUSE

A. Background of Investigation

4. Since July 29, 2020, the FBI has been investigating HAYWOOD for

being a straw purchaser for firearms for individuals in the Chicagoland area. In July

of 2020, the FBI received information that HAYWOODsold his services to individuals

in Chicago and its surrounding suburbs as a straw purchaser for firearms out of

Indiana. The true purchaser of a firearm would travel to Hammond, Indiana to meet

with HAYWOOD, supply HAYWOOD with US currency, and tell HAYWOOD the

type of firearm the true purchaser wanted. HAYWOODwould then request a fee on

top ofthe purchase price of the firearm (half of which he would take before going into

the store), go into a federally licensed firearms dealer ("FFL"), and purchase a

firearm. Upon purchasing the firearm, HAYWOODwould fill out an ATF 4473 form

falsely certifying that he was the true purchaser of the firearm. Upon receiving the

firearm, HAYWOODwould exit the FFL, give the true purchaser the firearm, and

collect the other half of his fee.

5. On July 30, 2020, August 5, 2020, and August 14, 2020, HAYWOOD

purchased a firearm in the above described manner at two separate stores in

Hammond, Indiana for a confidential source ("CS"),who unbeknownst to HAYWOOD

was working with the FBLl Each time for the service of buying the firearm,

HAYWOODaccepted an additional fee of $250 per handgun.

1 The CS has prior convictions for firearms related offenses, and, as a result of cooperating

with state law enforcement officials, CS received a reduced sentence on one of his cases. Since

2017, the FBI has paid the CS approximately $ 17,000 to compensate the CS for his assistance

2

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B. Sale of Firearm in Chicago on August 25, 2020

6. On August 24, 2020, the CS received a text message from a number that

the CS knew to be HAYWOOD's.2 In the text message, HAYWOOD told the CS that

HAYWOOD had a firearm to sell. HAYWOOD sent the following picture of the

firearm to the CS.

7. On the same day, at the FBI's direction, by text message, the CS told

HAYWOOD the CS was interested in purchasing the firearm. HAYWOOD replied

in this and prior investigations. On prior occasions, the CS has provided the FBI with truthful

information, which has been independently corroborated and has led to arrests and

convictions for weapons related offenses.

2 This affidavit references several text messages between HAYWOOD and the CS. I have

reviewed the text messages between HAYWOOD and the CS referenced herein.

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that the firearm was already sold. Later that day, HAYWOOD sent the following

picture to the CS and informed the CS that he had a shotgun for sale.

8. On the same day, via text message, the CS informed HAYWOODthat

he was not interested in purchasing the shotgun. HAYWOOD sent the CS another

text message later in the day, informing the CS that HAYWOODknew about another

firearm for sale. HAYWOODsent the CS the following picture:

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9. Through text messages, HAYWOOD informed the CS that the firearm

was an XD 40 and that it cost "12". HAYWOOD stated that he and the owner of the

gun would "slide" to Chicago the next day at 10 or 10:30. HAYWOODtold the CS to

"just get me together like last time." Based on my communications with the CS and

my knowledge ofthe ongoing investigation, through these text messages, HAYWOOD

told the CS that the firearm would cost $1,200 and that he and the owner of the

firearm would drive out to Chicago the next day to make the sale. Additionally,

HAYWOODinformed the CS that he was to pay HAYWOOD $250 for his services in

brokering the deal for the firearm.

10. On August 25, 2020 HAYWOOD texted the CS to make sure the sale

was still going to proceed as planned. The CS told HAYWOODthat he would be ready

soon and told HAYWOODwhere they would meet.

11. Prior to meeting HAYWOOD, the CS was searched for contraband,

which yielded negative results. The CS was given audio/video recording equipment

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which captured the meeting. Additionally, the CS was given $1,500 of prerecorded

money to conduct the transaCtion, $1,200 for the purchase ofthe firearm and $250 for

HAYWOODas payment for facilitating the sale. 3

12. Under law enforcement surveillance, the CS traveled to a parking lot at

the intersection of W. 95th Street and Ashland Avenue in Chicago, Illinois. While

conducting surveillance, law enforcement observed a blue Dodge Durango drive into

the parking lot. According to Indiana records, this vehicle is registered to

MARQUEES FRENCH in Hammond, Indiana. FRENCH was driving the vehicle and

HAYWOODwas in the front passenger's seat. Law enforcement observed the CS get

out of the CS's vehicle and get into the back seat of the blue Dodge Durango.

13. According to the CS, and as confirmed by the recording, once inside the

vehicle, the CS spoke with both HAYWOOD and FRENCH. I have reviewed the

audio/video footage. While inside the DodgeDurango, after FRENCH exclaimed, "You

buying all pipes [guns]. I got a FN [brand of gun]." The CS replied, "I can't buy these

bitches [guns]. I got a felony and shit."4

14. According to the CS, while he was inside the Durango, HAYWOOD

handed him the firearm. Mter he was given the firearm by HAYWOOD, the CS

counted $1,200 and gave it to FRENCH and counted $250 and gave it to HAYWOOD.

3 Prior to giving the CS the $1,500, law enforcement recorded ·the serial numbers of the US

currency.

4 Quotations of recordings in this affidavit represent draft transcripts of the conversations. I

have included information in brackets interpreting words and phrases based upon my

training and experience, my knowledge of the investigation, and conversations with the CS

and others.

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The CS exited the vehicle, got back into his vehicle and started to drive away. When

FRENCH attempted to leave the parking lot, he was stopped, and HAYWOODand

FRENCH were arrested by law enforcement.

15. The CS provided a Taurus, model TH40, .40 caliber semiautomatic

pistol, bearing serial number SLT00163 to agents, as well as the remaining buy

funds. A search of the CS and his vehicle revealed no additional contraband.

Additionally, law enforcement recovered $1,200 of the prerecorded buy money from

FRENCH and $250 of the prerecorded buy money from HAYWOOD.

C. The Criminal History of the CS

16. According to court records, in 2017, in the Circuit Court of Cook County,

the CS was convicted of the Class 2 felony of unlawful possession of a firearm by a

gang member, a crime punishable by imprisonment for a term exceeding one year.

D. Interview of HAYWOOD

17. On August 25,2020, after he was arrested, HAYWOODwas taken back

to the FBI building and read his Miranda rights. HAYWOOD waived those rights

and agreed to speak with law enforcement. During the recorded conversation with

law enforcement, HAYWOOD admitted that he was aware the CS was a convicted

felon. HAYWOODacknowledged that each time he met the CS to provide the CS with

a firearm, the CS informed him that the CS was a felon.

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18. HAYWOODstated that he had sold firearms to the CS on three separate

occasions prior to the arrest.5 HAYWOODsaw that FRENCH was trying to sell a

handgun on Snapchat, so HAYWOODset up the buy with the CS. HAYWOODstated

that on August 25, 2020, he met FRENCH at FRENCH's residence in Hammond,

Indiana. FRENCH then drove HAYWOOD to an unknown residence in either

Hammond or Gary, Indiana. Once they arrived at this residence, a woman placed a

firearm into the backseat of FRENCH's vehicle, and the woman followed FRENCH

and HAYWOODin her own vehicle. The woman was supposed to follow FRENCH

and HAYWOODto the buy location, but she became separated in traffic on the way

and did not make it. HAYWOOD believes the gun belonged to the woman.

HAYWOODfurther admitted that he had previously sold a firearm to a separate

individual.

E. Interview of French

19. Additionally, on August 25, 2020, after he was arrested, FRENCH was

taken back to the FBI building and read his Miranda rights. FRENCH waived those

rights and agreed to speak with law enforcement. In a recorded interview, FRENCH

stated he uses Snapchat to post firearms for sale. These firearms are not FRENCH's,

but he posts the pictures on Snapchat for friends. FRENCH stated HAYWOOD

reached out to him through Snapchat regarding the sale of a firearm FRENCH posted

on August 24, 2020. FRENCH informed HAYWOOD that the firearm was sold

5 These prior transactions were conducted with the knowledge, and under the direction, of

the FBI.

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already. FRENCH then told HAYWOOD he knew of another gun for sale and made

plans to sell it to the CS through HAYWOOD. FRENCH stated HAYWOODmet him

at a house in Hammond, Indiana. FRENCH drove HAYWOOD in his blue Dodge

Durango to a woman's house in Gary, Indiana where they picked up the firearm.

FRENCH knew the woman and told her he would sell the firearm for her for

$1,200.00. The woman followed FRENCH and HAYWOOD but ended up getting lost

on the way to Chicago.

CONCLUSION

20. Based on the foregoing facts, I respectfully submit that there is probable

cause to believe that, on or about August 25, 2020, defendants BRIAN HAYWOOD

and MARQUEES FRENCH did dispose and sell a firearm to a felon, while knowing

or having reasonable cause to believe that such person was a felon, in violation of

Title 18, United States Code, Section 922(d)(1).

FURTHER AFFIANT SAYETH NOT.

THj~HAN

Special Agent,

Investigation

Federal Bureau of

SUBSCRIBED AND SWORN to telephonically on August 26, 2020.

Honorable SHEILA FINNEGAN

United States Magistrate Judge

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