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IT specialists investigate cyber warfare crimes at Standing Rock

State worked with TigerSwan to ensure “battle rhythm,” second DAPL security worker whistleblower steps forward

By C.S. Hagen
CANNON BALL – The lawsuit against TigerSwan for illegally working security in North Dakota is a civil case, but proof now exists that cyber warfare tactics were used against activists at the Standing Rock camps, according to IT analysts. One question remains: who was responsible for launching the attacks?

Hundreds of mobile phones and vehicles were damaged as batteries were suddenly drained of power, or were “fried,” during warm and cold weather. Incidents of random hot spots for Internet reception with alternating GPS locations, hacked laptops and cellphones, are too many to count. Bugs or listening devices were planted in meeting rooms at the nearby Prairie Knights Casino & Resort. Fiber cable boxes were broken into. Additionally, cars en route to and from Oceti Sakowin broke down without warning, and have not been the same since.

Morton County Sheriff’s Department denied that their deputies used cyber weaponry, but leased a mobile cellular tower from Verizon to boost reception. The Office of the Governor of the State of North Dakota claims it was unaware that TigerSwan was operating illegally, and yet was in the loop, keeping the “battle rhythm” alive. The National Guard is considered a “law enforcement multiplier” under emergency situations, and police are not in the business of digital disruption, preferring to operate in the legal gray zone of electronic intelligence gathering. Possible suspects that remain include the federal government and TigerSwan, the North Carolina security firm whose services were paid by Energy Transfer Partners, the parent company of Dakota Access LLC.

Headed by former Delta Force officer James Reese, both Reese and TigerSwan face a civil lawsuit filed by the North Dakota Private Investigation and Security Board for illegally working in the state despite repeated warnings.

The cyber and cellular attacks at Standing Rock on activists ranged from malware, IMSI catchers, to electromagnetic field devices, IT analysts report. Malware typically comes as viruses through emails, links, or attachments and acts with stealth, not programed to alert the owner. IMSI Catchers – sometimes known by the brand Stingrays – act as fake cellular towers, forcing GSM phones to connect and then suck in data. The electromagnetic field device is a cyber weapon used in the Middle East to block cellular phones sending data to Improvised Explosive Devices, or IEDs. It is a short burst of electromagnetic energy meant to disrupt or damage nearly any equipment with a microchip.

Semi-mobile Stingray rogue field intercept cell tower antenna array with collection/detection gear powered by a grid utility pole with a backup battery, photographed by drone near to where Standing Rock Chairman was arrested – photo by Myron Dewey

Only government entities can authorize a cyber or cellular attack.

Plucked from the war-torn fields of Afghanistan and Iraq, TigerSwan employees are well trained in military tactics, and the company not only advertises its military-grade data and human intelligence capabilities on its website, it has a history of partnering with hi-tech companies, such as its 2012 partnership with Saffron Technology.

Saffron Technology is a small data analytics company that uses technology to mimic the human brain’s capability to connect people, places, and things, at lightning speed, according to the company’s website. Saffron Technology’s products were originally used in Iraq to predict where bombs were located, according to Reuters, but now it offers its services to corporations such as Boeing Co., to forecast weather, and to TigerSwan.

While IT technicians continue the hunt for additional proof of cyber weaponry used at the Standing Rock camps, the Water Protector Legal Collective, which operates in partnership with the National Lawyers Guild in defending many activists, reports Kourtni Dockter, a former DAPL security employee, is not the only whistleblower.

On Tuesday night, Kyle Thompson, the former project manager for Leighton Security Security Services, came forward live on Digital Smoke Signals with owner Myron Dewey, and began to tell his side of the Dakota Access Pipeline story, making hints that more is to come. Thompson’s burgeoning testimony comes after his former girlfriend and Leighton security employee, Dockter, blew the whistle on TigerSwan activities.

Kyle Thompson during interview on Digital Smoke Signals

“We are starting to see some of the security workers defect,” Water Protector Legal Collective staff attorney Andrea Carter said. “When you look at Kyle’s interview yesterday, i think he feels very troubled about what happened, and a part of him really wants to connect to the camps.”

Thompson plans on sharing more information about his experience working security along the Dakota Access Pipeline, but “not yet,” he said.

“I feel like I can help a lot of people with me coming out with my truth, which could benefit the people facing charges,” Thompson said during the recorded interview.

“The healing has started,” Dewey said. “And it’s not easy.”

The casualties

As the Dodge Ram’s engine sputtered, Alex Glover-Herzog wasn’t thinking of the military-Internet complex or of TigerSwan, or of the DAPL helicopter that swooped low along the Missouri River’s banks.

Late November outside of Standing Rock, Glover-Herzog was trying to stay warm. His 4×4’s engine was purring normally, pouring much-needed heat from the vents before the engine coughed, then suddenly died.

“It was way too cold to think about anything else at that moment,” Glover-Herzog said. “The only thing I can say is that my truck died twice for no reason while at Oceti.”

Hundreds of others camped outside of Standing Rock during the Dakota Access Pipeline controversy experienced the same phenomena, Myron Dewey, owner of Digital Smoke Signals, said. It resembled a futuristic nightmare straight from the movie “Matrix,” executive director for Geeks Without Bounds, Lisha Sterling, said. She spent months at the camps training people and helping improve communication technology. Geeks Without Bounds is a Washington-based humanitarian organization that works toward improving communication and technology.

Two automobiles that suddenly lost battery power at Standing Rock camps – photo provided by Myron Dewey

“When the squids were coming at them.” Sterling said about the comparison of the “Matrix” scene and what happened at the Standing Rock camps. “They powered down their machine and did an EM pulse, which fries electronics… and the squids coming at them.”

Cooper Quentin, the staff technologist on the cyber team with Electronic Frontier Foundation, a nonprofit organization defending liberties in the digital world, spent a few days at the Standing Rock camps.

“While I was there I was looking for evidence of Stingrays, and I did not find any evidence,” Quentin said. “But they could have been using them before I got there.”

He looked at computers, mobile phones, but said he found nothing conclusive.

“There is definitely some weird stuff, and I don’t think it’s a coincidence, but it doesn’t have to be malware. Extreme temperatures can do weird things to phone batteries. There were definitely a lot of weird things going on at the camps, but none of that is exclusive.”

Quentin is still interested in investigating further, however, but the case needs a digital forensics expert, which is costly.

“Even if we do find malware that looked like spyware, and we were able to prove from time stamps that they got it while they were at Standing Rock, we would still need to prove where it came from. If the server is owned by law enforcement or TigerSwan, then you have solid attribution. If that’s not the case then it becomes much harder to figure out who to blame.

“But my opinion is not shared by some of the other experts. If people have solid evidence I would happily continue to investigate.”

Colorado resident Christina Arreguin’s first phone at Standing Rock became little better than a paperweight in mid-October, she said. She had 80 percent battery left when it got hit, but even after trying three separate chargers, her phone was never able to call or text again. She learned to adapt quickly; stowed the battery in one pocket, and her new phone in the other when she went to the frontlines.

The attacks weren’t isolated to the frontlines. Cars broke down when a helicopter flew by, she noticed.

“The sound from the planes so much became like part of the background, just a familiar noise, kinda like how you get used to the beep from a smoke detector after a while,” Arreguin said. “I do remember a helicopter though, when the Blazer broke down it looked different than the other ones.”

The omnipresent white helicopter over Standing Rock camps – photo provided by Myron Dewey

“When the Cessna flew by, that’s when cellphones got zapped,” Lisa Ling, also with Geeks Without Bounds, said. Ling is a former Air Force technical sergeant who worked in America’s armed drone program in what is known as a Distributed Ground System, a secret networked killing operation capable of sucking up personal data to be able to track and shoot people anywhere, and at any time. Ling turned whistleblower in 2014, and her testimony was featured in the 2016 documentary film National Bird.

On Ling’s first trip to the Standing Rock camps, Internet connection was difficult.

“When we first got there the only place you could get any connectivity was Facebook Hill,” Ling said. “If you left Facebook Hill there was no connectivity.” On her second trip, she said random places in the camps had connectivity. She knocked on tent and tipi doors asking people if they had boosters. No one had any.

“My phone actually got zapped a number of times by some sort of EMP,” Ling said. “These cellular disruptors, as we call them, can do physical damage to the phone.” Such an attack is not legal for a private company to issue, and Ling said it should not be legal for law enforcement to utilize without warrants.

FOIA requests to the Office of the Governor of North Dakota, to the Bureau of Indian Affairs, to the North Dakota National Guard, so far, have revealed that no warrants were issued for the use of cyber weapons outside of Standing Rock.

Such attacks are an invasion of privacy, a right protected by the Fourth Amendment of the US Constitution, which states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause.”

Fiber optic box broken into near Standing Rock – photo provided by Lisa Ling

“I paid close attention to what things flying above us when certain things happened,” Ling said. “And there was a small white plane, and that’s the thing that flew when our phones got zapped. So if you managed to turn your phone off when that thing came by, then your phone wouldn’t get zapped. When that Cessna was up, cellphones got zapped, and it wasn’t because of the cold, as they’re trying to say, it happened before the winter as well.”

Ling brought radios to the camps to help with communication and safety during sub-zero temperatures, she said, but TigerSwan operatives discovered their frequencies and harassed them. Internet cables were cut inside the dome by infiltrators, she said.

“They were intentionally interrupting that,” Ling said, adding that during the freezing winter months such interruptions could have cost lives.

The automobile breakdowns coincided with either the private Cessna that circled the camps, or with helicopters.

“I documented, I have proof,” Dewey said. Proof was easy to obtain because of the “digital divide” separating Indian country and the rest of the modernized world. He spotted and photographed a Stingray device near Highway 1806 where Standing Rock Sioux Tribe Chairman Dave Archambault II was arrested.

Myron Dewey with drone, all charges against him dropped earlier this week – Facebook page

The device has been identified by multiple sources as a semi-mobile Stingray rogue field intercept cell tower antenna array with collection and detection gear powered by a grid utility pole with a battery backup.

“It was easy to identify cyber warfare out there, because we already were in a digital divide,” Dewey said. Dewey is also a filmmaker, uses drones, and lost at least three to gunfire and electromagnetic field devices, he said. Charges against Dewey were dropped this week, and he is waiting the return of one of his drones in Mandan.

“Indian country has been in a digital divide since America has had access to technology.”

Dewey claims that TigerSwan operatives on snowmobiles chased him while he was driving, and he has video to prove the harassment. One of his drones was hit at Treaty Camp, which was taken over by law enforcement on October 27, 2016.

“The drones were hit several different ways, so I sent one drone up and another to film it and see what happened,” Dewey said. “It seemed like an EMP charge, but it was more like a wave, and it dropped into the water.”

His mobile phone also got hacked, Dewey said. “It started recording my voice right in front of me and another guy, and then sent to text. I was really paranoid a lot of the times, but I had people to protect me some times.”

In addition to the cyber attacks, TigerSwan operatives, or security personnel working under the TigerSwan umbrella, boarded vehicles like pirates to a ship, he said, smashed out windows, stole radios to report misleading information, and curse.

“‘We’re going to rape your women and have half-breed babies,’” Dewey said the security operatives would yell over frequencies activists used. The threats were difficult to ignore as they brought on old fears from native oral stories and traditions handed down for generations.

“If the military catches you, stuff your insides with dirt in the hopes that they kill you,” Dewey said. “We thought the police were there to keep the peace, but it was like Custer who wanted the gold. History repeating itself, the second wave of Custer’s cavalry, and they felt the need to win.”

Dewey drives a Yukon Hybrid, and had just installed a new battery when it too was fried at the Standing Rock camps. The first electromagnetic pulse hit the camps in August, Dewey said. “Several hoods were up, and I went over and asked them what happened and they said they’re batteries were dead as well.”

The cyber field of battle sits in a legal gray zone, but inside the United States only a government entity has the authority to utilize use cyber weapons. Private companies, even if they are attacked first, cannot legally reciprocate on their own volition.

“So my educated guess is that the IMSI Catchers were owned and authorized by either or both the Morton County Sheriff’s Department and the National Guard, but the chances are similarly high that they would not have had the experience to manage them, so that is where TigerSwan comes in,” Sterling said.

“It is also possible that nobody really cared, and that they were owned by TigerSwan themselves.”

Outside of the NSA, the CIA, the FBI, and a handful of other government agencies, only criminal organizations and massive corporations have the funds to purchase and store high-end disruptive cyber weapons. A zero-day vulnerability exploit targeting Apple products can cost as much as $500,000.

IMSI Catchers used to be difficult to obtain, but now can be bought online for under $2,000 on Alibaba, or from dozens of companies online some of whom specify their products are for law enforcement use only.

“What we got now is the lull between battles,” Sterling said. “It will more likely be seen in the big cities soon, Standing Rock Part Two, in terms of the cyber warfare, the strong-armed tactics, and not just militarized police, but the militarized contractors as well.”

North Dakota National Guard vehicles at Standing Rock camps – photo provided by Myron Dewey

The gray zone

Cyber weapons are not lethal in the sense of traditional weapons, but can also be dangerous and disruptive far beyond an intended target, Shane Harris, the author of the 2014 book “@ War: The Rise of the Military-Internet Complex,” wrote. Harris is a senior correspondent at the Daily Beast and covers national security, intelligence, and cyber security.

Cyber warfare began in the 1990s. Early pioneers, or cyber warriors, blazed a complicated legal trail into the 2000s until 2013, when former President Barack Obama issued executive order PDD-20, effectively paving the way for more streamlined cyber defense and offense.

Black helicopter flying over the Standing Rock camps – photo provided by Myron Dewey

The president must order all cyber strikes internationally; no private companies are authorized for digital, cellular, or cyber offensive actions. Despite a contentious relationship between government agencies and private companies, “there’s an alliance forming between government and business in cyberspace,” Harris wrote.

“It’s born of a mutual understanding that US national security and economic well-being are fundamentally threatened by rampant cyber espionage and potential attacks on vital infrastructure,” Harris wrote.

Oil pipelines are included under the infrastructure category by the Department of Homeland Security, as are dams, chemicals, emergency services, communications, critical manufacturing, healthcare, water and wastewater, transportation, information technology, and government facilities, along with other sectors of economy.

Approximately 85 percent of the computer networks in the United States are owned and operated by private groups and individuals, and any one of the telecom companies, the tech titans, the financial institutions, the defense contractors, could be the weak link against cyber attacks.

“The government has decided that protecting cyberspace is a top national priority,” Harris wrote. “But the companies have a voice in how that job gets done. That’s the alliance at the heart of the military-Internet complex.”

Masked TigerSwan employee – photo provided by Myron Dewey

The Homeland Security Presidential Directive, or HSPD-7, signed by former president George W. Bush on December 17, 2003, seeks to protect infrastructure from “terrorist attacks.”

During the months TigerSwan was illegally involved as the chief security organizer for Energy Transfer Partners’s oil interests, the security company called activists camped against the Dakota Access Pipeline terrorists, even jihadists.

“Terrorists seek to destroy, incapacitate, or exploit critical infrastructure and key resources across the United States to threaten national security, cause mass casualties, weaken our economy, and damage public morale and confidence,” HSPD-7 reports.

“While it is not possible to protect or eliminate the vulnerability of all critical infrastructure and key resources throughout the country, strategic improvements in security can make it more difficult for attacks to succeed and can lessen the impact of attacks that may occur. In addition to strategic security enhancements, tactical security improvements can be rapidly implemented to deter, mitigate, or neutralize potential attacks.”

The lines between spies, saboteurs, or intelligence gathering and military operations are blurred. Intelligence gathering techniques fall into a legal gray area and while the tactic may not be illegal for a federal or police agency to conduct on US citizens, the evidence obtained by such means may still not be allowed in a court of law.

Daily, TigerSwan coordinated and provided intelligence to Energy Transfer Partners and others. TigerSwan placed operatives in the law enforcement joint operations center, and were responsible for in-depth analyses of cyber, workforce, facility, electronic, and environmental security threats, according to the North Dakota Private Investigation and Security Board.

Emails shared between Morton County Sheriff’s Department Public Information Officer Rob Keller and Office of the Governor of North Dakota Communications Director Mike Nowatzki, the governor’s office was knowledgeable of TigerSwan’s activity, but reported they did not know the security company was working illegally.

“I wanted to give you a heads up on this Energy Transfer and TigerSwan meeting with Kyle [Kirchmeier],” Keller wrote to Nowatzki on January 16. “I don’t know the intent and the PIOs will not be there.”

“If it is a closed session, it’s fine,…” Nowatzki wrote back. “Our JIC PIO and Unified Command meet from 0830 to 1000 (CT) every Tuesday so that battle rhythm should be protected with our state team.”

Battle rhythm is a military term, meant to describe the maintenance of synchronized activity and process among distributed “warfighters,” according to the Defense Technical Information Center.

“I was deployed to the Middle East, and the term was used there,” Ling said. “I worked in the drone program, and the term was there. I worked in the National Guard and the term was used there, but I have never heard the term battle rhythm used in a civilian setting. It would imply that there is an enemy.”

– This story is part of the ongoing investigation into government and TigerSwan’s actions during the Dakota Access Pipeline controversy.

DAPL Whistleblower In Hiding After Receiving Threats, ND Board files civil action against TigerSwan

June 22, 2017 / CSHagen / 0 Comments

North Dakota Private Investigation and Security Board cites TigerSwan for illegal activity, FOIA requests pending without response from ND governor’s office

By C.S. Hagen
BISMARCK – Former DAPL security employee turned whistleblower, Kourtni Dockter, is in hiding. Threats from “concerned citizens” have been made against her; a black truck with no license plates is surveilling her parents’ house.

“They have threatened me, claiming that I’m a junkie drug addict and they want to come beat my ass,” Dockter said. “When we get evidence of that, that could be considered tampering with a federal witness.”

Despite her checkered past and brushes with the law, she is not reneging her stance, and is prepared to testify in court to what she calls illegal actions of TigerSwan and other security companies involved in protecting the Dakota Access Pipeline.

Kourtni Dockter – Facebook page

Speaking out against the tactics used on the Standing Rock Sioux Tribe and supporting activists — known as water protectors — was not a decision Dockter made overnight. The more than 20,000 activists and supporters of the anti-DAPL movement at the camps were called terrorists by state politicians, and ideological jihadists with a “strong religious component” by TigerSwan leadership.

“They talked about jihad all the time,” Dockter said. “Every day I heard it, from the security workers to the DAPL actual employees. They told everyone to be armed. Basically, TigerSwan was trying to portray this as, ‘You guys need to fear for your lives.’”

The terms were indoctrinated into security personnel meetings, disseminated to mainstream media disguised deliberately as news, when at least part of the violence along the pipeline in 2016 and early 2017 was amplified and created by the security companies, most importantly TigerSwan, according to leaked and requested documents first published by The Intercept.

TigerSwan, a private security company with a long history in Afghanistan, also stated on February 27, 2017 that since the NoDAPL movement followed jihadist insurgency models, expect a “post-insurgency model after its collapse.”

Exposing the agenda behind the 1,172-mile-long, $3.8 billion pipeline financed by Energy Transfer Partners and 17 financial institutions such as Bank of America, Wells Fargo, BNP Paribas of France, was an idea she and former boyfriend, Kyle Thompson, had been planning for months, she said.

“This has nothing to do with me being an angry girlfriend,” Dockter, 22, said. “I know that my criminal record and history will be brought up, but I am willing to stand tall. I am expecting everything. I’m about to be put into the line of fire, but I know, in my heart, it is the right thing to do.”

Posing for a picture at a barricade – that was not set on fire by activists, according to activists – online srouces

The months John Porter, listed as TigerSwan’s chief security officer for Energy Transfer Partners, were by far, the most violent, Dockter said.

“There was a huge change,” Dockter said about when TigerSwan was actively present. “It went from military-style operations basically back to simple security work.”

Harsh winter weather, President Donald Trump’s executive order allowing the Dakota Access Pipeline to get back on track, and the successful siege tactics used against Standing Rock camps, killed much of the activist spirit, former security worker at Oceti Sakowin, Mike Fasig, said.

“We were pretty well boxed in,” Fasig said. “Things calmed down because we never could get past anything. There were five-ton military trucks and barricades that boxed us in. There wasn’t really anything we could do.”

“It was insane,” Dockter said. “This was their constitutional right, and they’re getting their lives threatened. They tried to justify the reasons they would have to use deadly force, and there were no instances of water protectors committing violent acts on police.

Some of the acts reported by law enforcement were committed by security company infiltrators disguised as activists, Dockter said. The charge is one long discussed at the Standing Rock camps, but one for which there was little proof until Dockter came forward with information. “They did send their infiltrators in to disguise themselves, and they did light equipment on fire. John Porter headed all those operations.”

Her family supports her, she said. Her father, especially, is undaunted. She described herself as a diehard liberal, who was against the pipeline to begin with, but after meeting Thompson at a local McDonalds, it was love at first sight.

“He opened up to me the first night,” Dockter said. The two met on Facebook, and she believes Thompson originally wanted to meet her for information as she had friends involved in the Standing Rock camps. “We hit it off. We told each other everything that first night. And after, we never left each other’s side.”

Thompson was nicknamed the “DAPL Apple” — as he is part Native American, and was “red on the outside, white on the inside,” Dockter said. A veteran, and recipient of a Purple Heart, Thompson suffers from what she believes is PTSD after two tours in Afghanistan and one tour in Iraq. Thompson slowly pulled her into working for North Dakota-based EH Investigations and Security, LLC. Initially, he wanted to become involved with security work because he wanted to protect everyone involved, Dockter said.

“At first I was very hesitant, but the pay was good,” Dockter said. “I’m not some DAPL infiltrator here. I feel like I sold out for a guy that I loved. I put him above everything and threw away my beliefs.”

Attempts were made to contact Thompson, but he refused to comment.

Text from EH Investigations to Kourtni Dockter – provided by Kourtni Dockter

In January, Dockter began working for EH Investigations, which was subcontracted by Leighton Security Services as the Texas-based company was not authorized to work in North Dakota. She was paid $18 an hour, sometimes working 36-hour shifts, she said. She became aware of daily closed meetings known as “The Talk,” where TigerSwan personnel, led by Porter, directed and coordinated security measures and infiltration tactics, reinforcing the notion that the activists were terrorist-like jihadists.

“They acted above law enforcement for sure,” Dockter said. “They directed law enforcement, and that is where they talked about classified stuff. Sometimes I would sit outside the door and there are a couple things I overheard.

Dockter also described TigerSwan media cells using high-tech software to discover locations and intelligence in private social media pages, Dockter said. TigerSwan documents also show that security personnel relied heavily on social media postings for information.

Eventually, Dockter was fired after EH Investigations personnel discovered her past with drugs and forgery.

“Because of my criminal record they could not have me out there,” she said. “I was already out there for about a month before they found out.” She is unfazed by those who say she is not a credible witness. “It doesn’t bother me, because what I am saying will be backed up with evidence.”

Months before Thompson’s arrest on domestic abuse and drug paraphernalia charges in April, the young couple was planning on quitting drugs and blowing the whistle on TigerSwan, she said. The activities she saw, the plans she heard while with Thompson or working in security, has been eating at her conscience.

The initial stages of building the barricade at Backwater Bridge – photo by C.S. Hagen

TigerSwan’s claws sunk deep
The morning after law enforcement cleared the “Treaty Camp” on October 27, 2016, hundreds of activists defending Native American treaty rights, water rights, and land rights, lined up north of three smoldering vehicles. Fifty yards away, construction trucks set the first cement blocks in a line, forming the second barricade on Highway 1806.

Weeks earlier and under emergency orders issued by former Governor Jack Dalrymple, the North Dakota National Guard manned the first barricade, more of a checkpoint for passing cars.

Tensions brewed at the frontline that day. Police or security personnel taunted activists through a megaphone, teasing them about being cowards behind masks. At their line sat military Humvees, a tan armored vehicle equipped with a sound cannon. Activists brandished plywood shields, and refused to budge. Most activists shouted peaceful messages; one man hurled insults at the police.

After police issued a final warning, law enforcement from five states decked out in sheriff deputy uniforms, riot gear, and armed with mace, pepper spray, rubber bullets, zip ties and clubs, some with live ammunition, formed a Roman-style phalanx and marched down the highway toward Backwater Bridge. Activists smudged each other with burning sweetgrass and sage. One woman sat amidst the crowd praying, crying so hard her shoulders shook. Two women hugged each other tightly as the marching police neared.

The day was saved by one man with snowy-white hair, smoking a pipe, and wearing a jogging suit, Miles Allard, an elder from Standing Rock. After negotiations, both sides backed down, but the near-altercation was a sign of bigger events to come.

Standing Rock elder Miles Davis approaching the police line – photo by C.S. Hagen

TigerSwan, straight from the war-torn fields in Afghanistan, was in town. One of the first things the mercenary-for-hire company did was gather all the security companies and put them under a “unified command structure,” according to a September 7, 2016 TigerSwan overview report.

TigerSwan operatives called security workers from Silverton International unprofessional and unarmed. Other security companies involved included: Thompson-Gray LLC, Knightsbridge Risk Management,10 Code Security, established in Bismarck in 2010, and RGT Security, LLC, registered in Plano, Texas in 2016, Iowa’s Per Mar Security Services, SRC, Inc. in New York, and veteran-owned OnPoint Security Group LLC, from Iowa.

Not surprisingly, TigerSwan took the “fusion lead.” Now, the mercenary-for-hire company and its founder, James Patrick Reese, face a civil action lawsuit filed by the North Dakota Private Investigation and Security Board on June 12, 2017.

The phalanx of law enforcement coming for activists on Backwater Bridge – photo by C.S. Hagen

“The Board has taken an administrative complaint which it has brought against EH and its principal, and that is pending,” Monte Rogneby, attorney for Vogel Law Firm and the North Dakota Private Investigation and Security Board, said.

“The board is in the process of a civil action against TigerSwan, and that I believe is out for service. The board does have civil authority to initiate either administrative actions or civil actions under the Century Code.”

A security company providing illegal security services in North Dakota is a Class B misdemeanor, Rogneby said. Class B misdemeanors can carry a potential sentence of up to one year in jail and $2,000 in fines, according to the North Dakota Century Code. The board’s investigation is ongoing.

TigerSwan Inc., with offices in Iraq, Afghanistan, Jordan, Saudi Arabia, India, Latin America, and headquartered in North Carolina, has won more than 13 contracts with the U.S. Department of State, the U.S. Department of Defense, the Department of Homeland Security since 2014 worth more than $9 million, according to USASpending.gov.

The North Dakota Private Investigation and Security Board is a governor-appointed committee that licenses and regulates private security industries, according to its website.

EH Investigations civil complaint
According to the civil complaint filed by the North Dakota Private Investigation and Security Board, Jeremie Meisel is listed as the responsible license holder for EH Investigations and Security, LLC, a licensed security agency in North Dakota. In August, 2016, Meisel and EH Investigations were contacted by Leighton Security Services, Inc. to assist with security along the Dakota Access Pipeline.

“Leighton is not licensed or registered to provide private security within the State of North Dakota,” the civil complaint stated. “Meisel and EH Investigations conspired with Leighton to assist Leighton in hiring and deploying within the State of North Dakota unlicensed or unregistered individuals to provide private investigative services in violation of North Dakota law.”

In the fall of 2016, Meisel relinquished his responsibility to Leighton in violation of North Dakota law, according to the civil complaint. The civil complaint further mentioned some of EH Investigations employees: Richard Anderson, Jason Wentz, Chris Anderson, Eizabeth Marlow, Merry Jenson, and Kimberly Stuart. None were registered in North Dakota to provide security services at the times of their hiring.

The North Dakota Private Investigation and Security Board further requested a hearing to revoke the license and registration of Meisel and EH Investigations, or take lawful disciplinary action against them.

Calls were made and messages were left to EH Investigations personnel for comment, but no replies were made at press time.

Screenshot of the civil action lawsuit against TigerSwan

TigerSwan civil action
The civil action lawsuit against TigerSwan revealed the mercenary-for-hire company had a methodical and blatant disregard for North Dakota laws.

Energy Transfer Partners hired TigerSwan in September 2016, the civil action lawsuit reported.

TigerSwan’s mission: conduct static and mobile security operations in support of the pipeline construction throughout North Dakota. The mercenary-for-hire company provided around-the-clock protection for DAPL, enlisting an “all elements are engaged to provide security support to DAPL” methodology as its execution model, according to TigerSwan organizational paperwork.

Protect the DAPL contractors, protect DAPL machinery, protect DAPL material, protect DAPL reputation, was TigerSwan’s rallying cry, according to TigerSwan operational reports.

On or before September 23, 2016, the North Dakota Private Investigation and Security Board notified TigerSwan with a letter that it was illegally providing security services in North Dakota.

TigerSwan’s response: “TigerSwan is not conducting ‘private security services’ in North Dakota.”

On October 5, 2016, North Dakota Private Investigation and Security Board sent TigerSwan the guidelines for licensure in the state, and on November 16, 2016, TigerSwan submitted its application on behalf of Reese, but its application was denied one month later.

TigerSwan was denied a license because it failed to provide positive criminal history for one or more qualifying offenses, it did not disclose adjudications of guilt, and it failed to provide sufficient information to the Board “to determine whether a reported offense or adjudication has a direct bearing on Reese’s fitness to serve the public.”

After an attempted review, TigerSwan’s license application was rejected again on January 10, 2017, because the company failed to respond to the North Dakota Private Investigation and Security Board’s request for the company’s activities in North Dakota prior to its application for licensure.

TigerSwan’s mercenaries, armed with semiautomatic rifles and sidearms, continued security services before, during, and after its license application was rejected, according to the lawsuit. The company also utilized international anti-terrorist strategies and tactics against NoDAPL activists.

“TigerSwan provides ‘safety and security’ services, utilizing claimed trademarked methodologies (F3EAR and NIFE) to identify and mitigate risks through the corporate operating environment,” the civil action lawsuit states. “These services include providing in-depth analyses of cyber, workforce, facility, electronic, and environmental security threats.”

F3EAR® – Find, Fix, Finalize, Exploit, Analyze, and Recur – former DELTA FORCE leaders who execute cyber and on-site infiltrations to identify weak spots in digital networks, employee bases, operations, and structural security.

NIFE® — Department of Defense compliant, military-grade data and human intelligence that analyzes networks, individuals, facilities, electronics, and the environment to manage risks associated with information security.

Daily, TigerSwan coordinated and provided intelligence to Energy Transfer Partners and “others related to the ongoing protests over the Dakota Access Pipeline construction project,” which would include the representatives of more than 1,300 law enforcement officers from five different states who participated in the controversy.

Intelligence came in the forms of flyover photography, summaries of arrests, activist activity, numbers, alleged criminal actions, and equipment. TigerSwan also provided projections of activist activity including the surveillance of social media accounts, according to the lawsuit.

“TigerSwan provided private security services to Energy Transfer Partners concerning the pipeline, and coordinated with other security providers and local law enforcement in carrying out these activities,” the civil action lawsuit reported.

TigerSwan maintained the Joint Operations Command Center to coordinate security and intelligence gathering, and organized a Quick Reaction Force to respond to activist activities. It was also the main force behind suspected cybercrime acts on behalf of Energy Transfer Partners upon the hacking group “Anonymous” and other threats against Energy Transfer Partners and the company’s executives.

TigerSwan operatives took keen interest in Native Americans from Standing Rock, Red Warrior Tribal security, Pine Ridge Sioux, the American Indian Movement, and others from Polynesia and Palestine.

“The presence of additional Palestinians in the camp, and the movement’s involvement with Islamic individuals is a dynamic that requires further examination,” a September 21, 2016 situational report stated. “Currently there is no information to suggest terrorist type tactics or operations; however, with the current limitation on information flow out of the camp, it cannot be ruled out.”

Approximately 761 people were arrested by law enforcement from August 2016 until February 2017, and more than $38 million was spent by the state defending Energy Transfer Partner’s Dakota Access Pipeline, which already has sprung two leaks.

Last week, U.S. District Judge James Boasberg ruled that the U.S. Army Corps of Engineers “mostly complied” with environmental law when approving the pipeline, but failed to consider some matters important to the Standing Rock Sioux Tribe. The Dakota Access Pipeline began shipping oil on June 1.

On June 7, a Freedom of Information Act request was made to the Governor’s Office of the State of North Dakota pertaining to TigerSwan activities in North Dakota, and a second request was made on June 20. The Governor’s office responded early this week.

Through emails between Morton County Sheriff’s Department Public Information Officer Rob Keller and Office of the Governor Communications Director Mike Nowatzki, the governor’s office was knowledgeable of TigerSwan’s activity.