Deputy U.S. Marshal Indicted for Obtaining Confidential Phone Records, False Statements, and Falsification of a Record

On June 7, 2022, a Deputy United States Marshal assigned to the Western District of Texas in Del Rio, Texas, was indicted on 11 counts of obtaining confidential phone records, 2 counts of false statements, and 1 count of falsifying a record.  Adrian Pena was charged in the Western District of Texas.  According to the Indictment, from in or about June 2017 through in or about October 2017, while assigned to the Lone Star Fugitive Task Force in the Uvalde County Sheriff’s Office as part of his official duties with the USMS, Pena illegally used a law enforcement service to knowingly and intentionally receive and attempt to receive location data associated with cellular telephone numbers belonging to people with whom he had a personal relationship, along with their spouses, without prior authorization.  Also according to the Indictment, when confronted on his misuse of the law enforcement service, Pena falsely denied his unauthorized use of the law enforcement service.  The Indictment further states that, shortly after learning that he was under investigation and in order to obstruct the investigation, Pena drafted an affidavit in the name of one of the individuals he had tracked without authorization, which falsely stated that the individual had given Pena unlimited access to the individual’s personal cell phone information, and caused the individual to sign the affidavit and have it notarized.  The investigation is being conducted by the OIG’s San Antonio Domicile Office, with forensic assistance provided by the OIG’s Cyber Investigations Office.