So, I think you and I both know why I'm here. Um, there's been a report that's come out from multiple banks in the area about somebody named Jacqueline and a photo of you essentially that has circulated attempting to cast some fraudulent checks here. You are being detained. Okay. Is that you understand that? >> Yes. >> Okay. [music] Obviously, you have the right to remain silent. >> July 16th, 2024. [music] Inside a Charter Oak Credit Union branch in Connecticut, a woman walked in under a fake name carrying fraudulent debit cards linked to a scheme that had hit multiple banks. The real issue here is not whether she was caught. It is whether the way she was caught holds up in court because the constitutional problems start before she says a word. >> Hello, ma'am. How are you today? >> I'm fine. How are you? >> Good. How are we doing? >> I'm good. >> So, what are you here for today if you don't mind me asking? Nothing. >> Nothing? >> Yeah. >> Did you Is this year to make a withdrawal? >> No. >> Okay. Are you from here? >> Yeah. >> Okay. What party? What part are you from? >> Well, I'm from America. From New York. >> Oh, from New York. Okay. What are you doing in Niantic if you mind me asking? >> Just hanging out, you know. I rec My boyfriend recently moved here. >> Okay. What part? If you don't mind me asking >> here, Niantic. >> What's your name? >> Jaclyn. >> Jaclyn. You have a last name? No, >> you don't. >> I'm confused. What's going on? >> Okay. So, I think you and I both know why I'm here. Um, there's been a report that's come out from multiple banks in the area about somebody named Jacqueline and a photo of you essentially that has circulated attempting to cast some fraudulent checks here. >> Oh, I didn't know. >> Well, so, hey, where we're at right now is um I need to see some identification. Okay. >> Okay. >> Okay. Right now, that's getting taken. That's getting taken. >> Okay. Before anything happens with this phone, >> do you have ID on you? >> No. >> You don't have any ID on you? Did you show any ID to the teller today? >> No. >> Okay. Hey, here's what's going to happen. We're going to take you over now. We're going to go put you in the car. We're going to talk to you. Okay. You are being detained. Okay. Is that you understand that? >> Yes. >> Okay. Obviously, you have the right to remain silent. You know all the rights. Okay. You're not going to take off and run. No. >> Okay. Let's walk. We're going to go outside. >> Tumbler. Okay, we're going we're going to go talk outside. Come on. >> What do you have as far as stuff with you? I identification, anything like that? >> I don't have an idea. >> Well, Jacine, I know you're nervous right now. And I know this is obviously very hard on you, but we have to get to the bottom of this. Okay. Don't try to run. I'm a track star, too. Don't let me fool you on that one. >> Look at me. I'm thinking I can't run. >> I'm like 305. All right. >> I got you. Come on. >> That's okay. Take a deep breath. I know you know why we're here and that's okay and you don't have to say anything, but we're trying to make this as easy as possible. The bank had warned us that this was coming in. This has been a obviously something that's been distributed around. There's a reason I came here today. >> Okay. >> And that's fair. Correct. I'm not treating you unfairly right now. You don't think so? I got I got to ask. I got to have you sit in the back, unfortunately. I know it sucks. Real quick. >> I do have the key really bad. I asked him when I first came in. So, >> well, I will go as fast as I can. How about that? Let me let me get the seat belt for you. Come on. >> You don't have any weapons on you, knives, guns, anything crazy. >> Oh, mace. >> Mace. Okay. You're not going to spray me with that mace, right? Isn't your purse? >> Yes. >> Can I just take your purse then? Just >> just so you don't spray me with any said mace. I've had to get that already in my lifetime. And it's uh not fun. >> Okay. All right. Let's pick some fun. >> It's probably going to be hot in here. I have to crank the AC the best I can. Okay. >> Okay. >> You're being detained right now. Okay. You understand that? So, you came from New York? Yes. >> Okay. Would you come up here today to go? >> What's up? >> Nothing. >> Nothing. Do you have an account at Charter Oak? >> Yes. >> Okay. You do have an account. You don't have any license or anything like that on you? >> Okay. Well, can I get your name? I know you have the alias. I'm asking for your legitimate name. >> Madison. >> Madison. >> Yes. >> M A D I S O N. >> S O Y N. >> S Y N. Okay. What's your last name? Madison. >> P E T A W A Y. >> P E. Sorry. >> T A Y. >> T W A Y. Do you have a middle? >> M. >> And what is that for? >> Michelle. Michelle looks a beautiful man. [snorts] Hey, take a deep breath. What's your date of birth, Madison? >> Okay, so here's the deal, Madison. >> Okay. >> Obviously, we were told ahead of time that you were probably going to be coming. That's how I knew who you were. Okay. >> We had a photo of you sent out through the banking community. >> Okay. >> When you came in today, they called and told us that you were here. This was something that we were waiting for and anticipating on. Um, if we go through your purse, are we going to find forge checks? >> No. >> Counterfeit checks or a fake ID of anything like that? >> Yeah, I'll find a fake ID, but I >> No checks. I don't have that. No. >> Okay. So, obviously, we're going to go through your purse and we'll find whatever identification is in there. Okay. >> Um, but what I uh What I want to talk to you about is obviously you have a fake ID. [snorts] You came into the bank today. I'm trying to figure out exactly what you were trying to do here today. Did your boyfriend drop you off somewhere? Did you let him know obviously you're burned and that we here? >> No, he was like took me. You smashed my phone. >> Yeah. Okay. Where where is he parked? >> I don't know. >> You don't know? Do you know what kind of car he drove down in? >> Not exactly. >> Okay. Hey, I'm not asking you to sell the guy out. If you don't want to, you don't have to do that. Um, but boyfriends might be in the area in a car in New York plates on it. Probably could see us already. >> Yeah, he probably did. Um, >> what color car is it? You know, okay. Not she's not she's not going to answer that. Um, what else? Am I going to find anything else in your purse that's going to be? Obviously, you already told me there's a fake ID in there. We're going to go through it. >> Go ahead and go through. I >> you don't have anything else on you. >> I text my mother. I didn't I don't even know where that is coming from. >> Okay. Okay. Well, you seem nervous and I know obviously I'm trying to be as friendly as I can to you. Um >> I'm nervous for anybody. >> Okay. Well, I'll tell you what. We're pretty cool. We're pretty laidback as far as it goes. Um >> Okay. >> I'm trying to be as fair as I can to you. I'm trying to make sure obviously you're treated fairly. >> Is there anything I can do to make you feel more comfortable right now? Obviously besides letting you go. I just really got to pee. >> You really got to pee. The problem is a lot of times we let people go in the bathroom and they barricade themselves in there and we don't have a female officer available right now. I might be able to see if I can get you one. Okay. >> Oh, wait. >> Would that Would that help a little bit? >> Yeah. >> Oh god. What did you do to my car? You smudged the hell out of it. >> Not you. You're good. Let me just get the AC on. >> Madison. >> Madison. >> M T Y A Y. >> Yes. >> All right. W A Y. Okay, I'll write. >> Let me just double check that. Sorry. >> Yeah, >> it's Madison Pway. P E T W A Y. I'm going to write it again. He smudged you out of this card. I can't read it. >> Hey, where is she out of? >> I mean, do you want to ask? >> Oh, yes. Good call, man. Okay, stand by real quick. Uh, actually, the person you want to talk to is just arrived, right? He's a detective. >> And, uh, date of birth again? And you're out of New York. Do you have a license in New York or an ID or anything? >> Okay. Just got to make sure cuz got to run it the right way. >> Thank you. >> Don't go smudging that ink. No, this is out of New York. >> Madison M. Pete. >> Um, we already admitted she's got a fake ID in there. We're going to search that. >> Okay. All right. >> Knife or tissue. Name and date of birth. Go ever. >> First thing is Madison Thomas spelling. >> This is going to sit up front for a few minutes. >> W A Y. >> Yes. Yes. I just had to make sure you didn't do anything wild with it. All right. >> Like a telegram. Okay. It's going in the bag. Um, >> 913. >> I grabbed I grabbed her phone before she did anything with it. >> So, she's getting a call from Telegram. So, most of her stuff's probably encrypted. >> New York. >> She said there's a fake ID in the purse. So, we're going to search that. >> Um, like I said, phone. We grabbed it. >> Hopefully, it doesn't have the ability to remote wipe it right now. It's in the front. I'll see if she's willing to give consent for it, but probably not. >> Madison, why is your name not coming back to anything out of New York? >> Because you said my birthday. >> What do you mean? >> You said 94. I was born in 94. >> You just told me 94. I wrote it down. >> Oh, I'm sorry. I must have misheard you. Try 1995. >> Just run inside. I'll be back. >> You can just run your birth year as 1995. And Madison's with a Y. >> And Madison is spelled with a Y. >> I got you. I got you. Hey, >> I [clears throat] didn't see that. >> All right. It's a Y. I scribbled it out for you. >> I'll just talk you through here. Hey, if you want to look forward to the front headrest, you can. You told me there's a fake ID in here. I have to search it. Okay. I'm going to find a fake ID. >> I give it to you before. >> No, I'm going to I have to go through the whole bag. If there's anything else in there I should know about before I go through. >> That's it. Okay. Hey, >> 913. No record found 820 >> indigo Yankee November. >> I can't we can't do that right now. You don't have anything wild in here that's going to like cut me, right? >> I got to ask. So, we got two debit cards for Jacqueline Kennedy. Is that what the ID's for? Got a bunch of single. You got candy in here. You didn't tell me about the candy. What's in the uh St. Laurent Paris thing? Anything? >> It's your what? >> Identification in there. >> Oh, for the purse. Gotcha. I got you. I got to ask. >> Okay. Okay. Very 31. What's up? >> Description of the vehicle. >> No, she want Heat. Heat. There you go. trying to make sure you said to us, "Hey, that you you were out of New York, right?" Have you ever had a driver's license or ID card in New York? >> Yeah. >> Oh, okay. All right. >> That's the name again. >> Okay. Um, so just to be clear for your your correct spelling, your name is M A D I S Y N. That's your first name. And Pedway, so P E T a W A Y. And what was your date of birth? >> It's your I got the name Dave birth for you. Correct spelling. >> Person Madison. M A D I S Y N. Last Pawway. P E T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T A W A Y. >> $27 in singles. driving it. >> Birthday m a t i s y >> 15 16 20 1 2 3 4 5 6 7 8 9 $7,000 and 20s >> I'm not sure. >> Yeah. 50 $20 bills 27 singles. I just spent cash. >> Okay. Just wanted to let you know as we counted it today and it was in your purse, it's on our body camera. So, as far as documents go for, what she's got now is the two debit cards for Jacqueline Kennedy. We have a >> fake license for Jaclyn Kennedy and then >> never even seen this design for a charter credit card, but either way. >> Okay. Do we do we happen to have the uh the forge check that we were anticipating she was coming to deposit? Have we given her her rights yet? >> I already told her she has the right to remain silent. She's being detained. >> Okay. >> I haven't given her all I mean close to glossed over it quickly. >> Okay. So, at this point, she's under arrest for this at bare minimum. >> Reemphasize that. >> So, you want to just go through it one more time with her? >> Yeah. And you got a you got a card to give them. Exactly. >> I I do not have a card. One of those cool ones. We'll get you to know this rights form out of my bag if that helps. >> Yeah. >> We'll just do it written on scene. She's already been advised obviously. >> Yeah. >> He's detained and she doesn't she's right to not answer anything. could be in the back of the phone case, too. But I don't I don't know. >> Does she know me get dropped off on the property or does she walk somewhere? I was like, maybe the cameras may have a car. >> Yeah, we can take a look. >> Yeah, matter of fact, >> right now anyways. >> Well, that's kind of what I'm thinking. How are you? >> Dang. Do you have the name card again? >> Headway. I believe inside. The card is on the uh >> So, it came back. >> I'm uh I don't know. I'm going to go in and see if we're about to give her her rights and I'm going to start asking her some questions. Let me see if they can check footage and see if they know what she got dropped off in or where she came from. >> Yeah. >> And then and then I'll broadcast that to you guys uh if we have if we can find it. >> Didn't know if you guys could access their their cameras if you could see which direction she came from if we happen to see her get dropped off in a vehicle because I got a couple people flooding Main Street trying to >> Perfect. And then we're just giving her her rights right now. I'm going to go ask her some questions. Charter Oak. I don't know if they're debit cards, credit cards with her. I don't know if she's stocked somewhere else. Um I don't know what the deal is with that yet. So, we're gonna have to try to figure out. Uh they're both Jaclyn Kennedy. >> Okay. So, >> that's a personal and a business. She has a personal and a business account. So, >> so more likely than not, she was bringing those to load the amount onto the cards, we think. Or why would she show up with the cards? Cuz we don't see a check yet. So, unless she's got that hidden on her person. >> Well, that check's clearing today, right? >> Her account. >> No, her her >> her account just got cleared for her to put the money in. >> Exactly. So, we have a any new account is a 30-day hold. Um, you can't deposit anything. So, today was the day the hold was off, which is why we thought she would come. >> She would come in and Sure enough. >> So, yeah, the debit cards we issue them immediately, but she can't load it onto the card. She would have to >> she would have to come deposit the check and then have Okay. >> Exactly. then she could use her debit card which uh the both the debit cards have been used or on the business because there's a money deposit into the personal and then they're transferring into the business and then doing door dash lift uh things in Manhattan um transactions. >> Perfect. Maybe we'll need a record of that stuff at some point time. >> Can you have Jen print up the statements for the personal and the business for all those transactions? >> Perfect. Yeah, that'll give us a >> And then um my supervis my corporate security supervisor is um pulling the footage now. >> Okay, once you get that if you want to just run out and let me know. Awesome. Thanks. Sweating out here. I'm sorry. Bear with me to get in this AC car soon. >> Hey, so I already told you obviously I verbally notified you have the right to remain silent and you know you're being detained. Um you didn't have to answer any questions. I'm going to go through the full formal process now. Okay, and we're going to sign this right here and now. Bear with me. All right, we're we're doing everything we can for you. Okay, so Madison, you have the right to remain silent. If you talk to any police officer, anything you can anything you say can and will be used against you in court, you have the right to talk with a lawyer before the police question you. You have the right to have a lawyer with you during questioning. If you want a lawyer but cannot afford one, one will be appointed for you before any questioning. If you start answering questions before you talk with a lawyer, you have the right to stop answering questions at any time to talk with a lawyer. And you have the right to have a lawyer with you during any further questioning. You have the right to completely stop answering questions at any time. You have the right to be promptly interviewed about the terms and conditions you released from custody while this case is pending. If you ask, you may have a lawyer with you during this interview. You understand those? Okay. I'm going to sign this that I read this to you. I know you've kind of already invoked some of the not answering questions stuff, so I know you understand it. I'm going to have you sign right here. Okay. On the bottom, I made that little mark. All right. that up a little bit. >> The window? >> Yeah. >> Yeah. Do you want the window rolled up a little bit? Is it cool enough back there right now for you? >> It's hot. >> Okay. I'm going to see if we have that female officer on scene. Maybe we can take care of that. Okay. >> HQ to 931. >> I have to let you know though cuz right now you're you're in custody. She might have to go in there with you. Okay. We have to maintain custody of you. >> Okay. >> Interviewing people in the bank. I have special agent Tyler Martin on the line. >> Roger. Can you pull him through to his phone? >> Roger. That's what I was trying to make sure. Yes. Thank you. >> Special agent. >> Yeah. So, she really has to pee. >> Hey, corporate is uh looking for the footage of the vehicle that dropped her off. Now, they're going to come out, give it to us, and we'll send it out to those guys. >> So, two thoughts. She has to pee really badly. Um, >> she's going to try to secrete the item that she's got. She's got the check somewhere on her person. >> She does. That's why I want to have Nadia come. Um, I haven't decided exactly [music] >> the the route we want to go here. If she has to pee, I told her she's in custody at this point. We have the fake ID at bare minimum. >> Y >> um, we could hold her as long as we necessarily need to reasonably. >> Yeah. >> Well, hello. >> Hello. >> Hey. So, you on? It's off right now. >> Okay, turn on. >> So, essentially, remember the email he sent out about the female that was going to come with Jaclyn Kennedy? This is her. >> Um, >> we don't know where the check is that she's supposed to have. She's usually has a check somewhere. >> It's probably on her purse and she's in relatively tighter dress. Okay. >> Um, went through her purse. She's got a fake ID. She's already going to be under it's already under arrest and has been read her rights for that. Okay. >> She's now explaining how badly she needs to go to the bathroom. >> Okay. Could be true. Could also not be. Could be her trying to dispose of the check that she has somewhere on her. She tried to rapidly call her boyfriend to pick her up before I got I grabbed her phone. We have that. That's secure. >> Um >> well, we're going to take her back to the PD at some point. We're going to have you >> do a search of her. If we determine it needs to go further than that and the chief authorizes it according to policy, >> we might have her manipulate her clothing. Have you manipulate her clothing loosely, determine if it falls out? her. >> Um, >> does she have like a wig or anything on extensions? >> I don't think so. >> So, more than likely she probably tucked it. >> You know, if she has to use the bathroom legitimately is what it is. More than likely she has to kiss on her. Either she one time she stuck in her underwear or she sucked in her. >> Okay. >> So, the most logical places she's wearing a dress. So, if she's using the bathroom, she's not to flush that toilet to pee until you verify what is inside. >> And you might have to be I told already told her she needs uh she's under arrest. She's in custody. If she's going to use the bathroom, we have a female officer. She may have to be in there with her. >> I'll go in there with her. >> She might have to stand with her. Make sure >> she is. I was just going to have to go. She's not going to use this one here. We're not. It's >> She is the one. Hello. How are >> you? Bentino to tell you about the car. >> Um so she comes walking from the left um across the street like where those women are. So from that direction and comes over and then comes down the middle. >> Okay. So it's somewhere down that way. >> Somewhere down that way. When she originally opened the accounts on both days, uh, she came in a white four-door. We couldn't tell if it was a Honda. Um, but it was parked over there and then we parked over here. Okay. >> Tinted windows. >> I'm assuming it's already boyfriend already tried to call her a bunch. Snatch the phone. So, >> I have an image of um of the man who came with her the last two times. Um, I can get you guys an image of of him as well. >> Okay. We currently don't have to check physically. It might be somewhere on her, which is what I'm assuming. Madison, I'm Bill Burgentino. I'm one of the detectives here. How you doing? >> About halfway through, after the purse is searched and the fake ID confirmed, detectives shift from a street level stop to a full custodial interrogation. That triggers Connecticut General Statutes section 53A-139, forgery in the second degree, a class D felony. But the charge is the easy part. What matters is what was said before the formal Miranda card came out and whether any of it survives a suppression hearing. That question does not have a clean answer. The stop itself is solid. Under Terry versus Ohio, officers need specific, articulable facts for an investigative detention. [clears throat] Alabama versus White adds that a corroborated informant tip supports reasonable suspicion. And here, bank staff confirm the match in real time. The weak point is Miranda. At 1 minute 48 seconds, the officer says, "You have the right to remain silent. You know all the rules." That is not a Miranda warning. That is a paraphrase. Miranda versus Arizona requires a complete unambiguous advisement before custodial interrogation begins. The full written warning does not come until roughly 19 minutes in. In that 17-minute window, the subject admits she has a fake ID in her purse. unprompted before anyone searched anything. That single statement is the prosecution's best evidence and the defense's best target. Still, under Rhode Island versus Inis, spontaneous statements made without police interrogation can survive Miranda challenges, but officers had been actively questioning her throughout, which cuts the other way. A judge will draw that line. The consent to search question runs into the same friction under Schneckloth versus Bamante. Voluntary consent is valid, but courts look at the totality of circumstances. She was already in a patrol car under detention when consent was discussed. >> I understand you got to use the bathroom pretty badly. Okay. So, I I'm going to be fully honest with you. If my understanding of the way this thing works is correct, you are probably someone who was grabbed by the PO folks who were perpetrating this whole thing. You are obviously not the mastermind of this. That's all stuff that's important. And if you cooperate with us and show us that you're willing to certainly that's going to be helpful for you. Um I believe that you have the check on your person somewhere. I am going to have a female search you. So, I it would be easier if you have the check hidden or secreted on your person somewhere if you just produced it for us rather than have her have to do this search that's invasive that you don't want to I'm sure you don't want to subject to. Okay. Okay. Okay. Where So, where where is the check right now? So, what were you come what were you coming here to accomplish? >> Oh, you were using both cards according to the folks at the bank. So, you guys came all the way down here from New York without the check. >> Well, there is going to be a check because that's what they they've been using other people to do. Okay. All right. Well, I hope you're being honest. [snorts] I hope that when this young lady searches you that she doesn't find it on you. Um because obviously that's going to disappoint me if that's uh because at this point I'm treat I'm treating you and believing that you are not part of this. You are somebody who unfortunately was found in a situation where somebody took advantage of you and that's how you ended up here. And I believe that's what's happened. I know that's seems to be kind of the MMO of these folks who brought you in. So if that's not the case and and I'm I'm mis misreading it well. Okay. She's she's denying and she's giving consent to search her. She's saying she doesn't have to check on her. She just one of the checks. One of the cards just wasn't activated and that's the only reason they're here tonight. >> Okay. >> According to her. So, >> well, she gave consent to search. So, you have a female officer that can do that. Um, yeah. She's got two debit cards for Jaclyn Kennedy and a debit card, Kennedy Auto, whatever it is. >> Yeah. So, cards were issued to her when she opened the account with the fake ID. >> Yeah. We'll do that in the cell block. Okay. >> We're taking her in anyway. So, >> you know, there's no uh >> Oh, and I can give you a special agent. Um >> Yeah, he just called me. I'm going to give him a call back. >> You have his number. Okay. >> At bare minimal, we have her identified now. You know, we have her name if anything else comes, but we have some charges though for today. >> Awesome. >> Okay. So, you guys going to bring her in? I can get a statement here from the car. Come back in. >> Okay. >> Yeah. I think we jumped on it pretty quick before she tried to do anything. >> Yeah. >> Um >> did we find a vehicle >> or no? >> No. No vehicle. She comes from across uh over by the gas station. Walked straight down. But I told him last time she came in, it was in a white corridor. Possibly not accurate. We have no idea. >> Okay, we have the phone. Maybe she'll give us consent for the phone. All the It looks like he's calling via Telegram. >> Okay. >> So, she's happy to get the phone. >> Well, Telegram is a pain in the ass, so it's all >> unless we do >> It's all encrypted, right? >> It is. We could probably try to do a search warrant for Telegram itself. >> Yeah. Um, but regardless, I'm sure there's some good stuff on there. We just have to put on airplane mode and if she gives us consent, we can run it over and have someone dump it. >> Yeah, maybe. >> We'll see how confident she was at the station. >> Uh, I do have a question for you. So, obviously this is on this account with the Jaclyn Kennedy and um, so last year she came in posing as Kristen Goldman, diploma ID with um, a business account as well. Um, we do have her on video passing uh an altered $410,000 US Treasury check that wasn't accepted because we deemed it as fake. Um, that information we gave over to Tyler Martin, special agent. Um, I don't know if that helps with your guys' stuff, but he has all that. >> Okay. >> Yeah. >> It'll help it'll help at least solve that end of the case. Probably work backwards on that. >> Yeah. >> Well, and it also helps in our initial with detention. So, just one more. Yep. Bit of reason why we grabbed her when he did. >> Yep. >> So, officer Ben is going to search you. Okay. Searching to arrest. I know you said you had to use the bathroom. I'm going tell you this right now. You use the bathroom. You decide to flush that toilet. I'm going consider as evidence or interference. You understand that, right? So, I'm not playing around. If you have it on you, I would let her know right away. Okay? If you have it anywhere on you, let her know. Now, I said you flush that toilet. You're going to be charged with additional charges. Do you understand that? >> No problem. >> My cleric. >> Okay. >> You've been nothing but good to you. You know, >> and I just have to be honest. So, I'm chilling. >> I get And [snorts] I get all right. So, she's going to search you. Okay. >> Fine. >> Just normal search. Nothing more. >> And she's going to be in there with you. Okay. >> What's up? Okay. >> I don't yet, but I checked. You check nothing there. >> Okay, you can you can take a seat. >> I'm going to just search you really quick. I know you've already been done once, but I'm going to do it again. Okay. Do you have anything on here that's going to poke me or stick me or hurt me? >> No. Okay. What about the Has she been right? >> Yes. >> What about the check? Where's the check? >> You don't have the check? She just um put her sweater back on too. So when I search her, turn this way. Are you you're wearing a bra? I'm going to pull it and I'm going to have you lean forward a little bit. Okay, good. >> Okay. So, no check on you. >> No. Okay. Where is it? >> I don't know. You don't know anything about the check. >> Okay. [snorts] >> I'm sure this wasn't your idea. I'm sure this wasn't your grand scheme to, you know, bring the checks to the bank and whatnot and go through that whole thing of trying to cash them under the fake identities. However, it's a federal offense as well as the possession of the fake ID today. That way, that's that's a state thing, but we'll get through that. It's a felony, so it's serious. But when the federal government gets involved, it gets a little it gets a little complicated. Um, that's what he meant by, you know, cooperating. If you do have a check on you, like I said, I know you've been adamant you don't. I [snorts] know you've been adamant that you don't know what we're talking about. And, you know, you can you can it's your right to continue to say that truthfully. Um, I don't think that's going to help you in the long run. If you do know where it is, once again, this is your choice and it's it's completely your game to play. it probably would behoove you to give that forward because like I said, this is a this is it's not just today necessarily. There's multiple videos from multiple banks for a long period of time that have generated this kind of attention. Okay? So, I just want to let you know what you're up against here. It's it's not the best situation. Do I think you're a bad person who wants to go out and defraud and scheme all these people? No. I think you're probably, you know, your boyfriend's involved. Whoever's having your boyfriend do it involved. I think unfortunately you were used in this situation. You seem like a good person. You wouldn't be upset crying right now if you didn't have some moral compass. >> Madison, your phone case, does that have a pocket for anything in the back of it? >> No, it just comes off the phone. Just a regular Apple case. >> There's nothing behind that. >> No, you just take it off and nothing. >> There's nothing. >> There's nothing in the case. Well, I just I need you to tell me that there's nothing. >> It's nothing. >> Okay. >> Do you want me to check? >> No. >> Is it? >> Okay. So, nothing nothing involving this stuff. >> No. Make sure cuz it could fit back. >> What do you uh what do you do for work? I'm a student right now. >> A student? What are you studying? >> Nursing. >> Nursing. What kind of nursing do you want? What kind of nursing do you want to get into? >> I don't think it matters. >> It matters. >> It's not going to matter. >> I would go day by day right now. Okay. Step by step, hour by hour. Okay. >> It doesn't work like that. [snorts] Um Bruce came in and basically was like basically let her know the feds were coming. So I had that talk with her already. She is aware. I guess she doesn't have a check on her phone now. I don't know. And even came in and did another check. Made her shake out her bra and everything. >> Well, maybe she's legit. So she did tell me that she came in because the personal cards weren't working. >> Mhm. and she wanted to make sure they so ideally she probably wanted to have the personal cards working and was going to load the whole thing onto those because she had two of those. So she could have obviously kept one for herself and gave the other to whoever her handlers were and they would have distributed whatever amount. You know what I mean? So maybe she was legit going to go in make sure those cards were working >> because they hadn't there's no activity on those cards. She's been actively using the business cards a bunch in New York. So that obviously that'll be something they can track if they so choose. Um but this one there's been no activity. So maybe they weren't working and so then she was going to walk back out [clears throat] and have get the check then and come back in. So maybe that's what happened. Maybe the other, you know, the hand still have the check unfortunately. >> So bare minimum for second with the surrounding circumstances. >> She wanted to turn her phone on. >> Sorry. Sorry. Is it just for the second charge? That's our original choice. >> Yeah. So, um I didn't know if the if you guys already let her know about the feds. I won't. That was the reason I was coming in that one. >> So, what I like to do is I'm just going to explain to you why we're here. I'm not going to ask you any questions right now. All right. And then it'll be up to you if you want to talk to us and then we'll go from there. Okay. So, we started working this case last week and we've already identified the other subject that you did this with last year at Charter Financial and Court Plus and again this year. Our opinion is that you were being used and run basically you're giving you're being provided this information and they're using you as the face to go do it to put all the charges on you. What we would like to do speaking with you is to get more information on the individuals working you. Does that make sense to you? Do you understand what I'm saying to you? Okay. With that being said, you I'm going to read you your Miranda rights, but do you feel comfortable speaking with us under the under the information I provided you? Do you understand what I'm saying to you? >> I understand. I don't feel comfortable speaking. >> You don't want to speak with us? So that's your right. You don't have to speak with us. But when I leave here, this will be your last chance to tell me your side. You understand? Otherwise, all charges will go on you cuz now this is a federal case. This is your opportunity to tell us what's going on. >> I don't have to tell my >> What do you mean? I can answer those kind of questions for you. I'm not asking you any criminal questions right now. I can answer some questions for you. I just don't have information to give like I don't know. >> Do you know who gave you the IDs, the treasury checks that you were using? Who told you how to open up the accounts? What accounts to open the business accounts? How you were transported? You don't you don't know how any of that was happening. >> I know. I don't like information to get. >> What do you mean by that? >> I don't know. I don't know. >> It could be as simple as telling a story. So it the information could just easily be hey this person came and talked to me and said hey I have a great idea for you this is how you can make a little extra money and then just kind of roll with it from there. It could be simply as that. You may not know who these people are other than so so and so from around the block or something, but any any little thing that you can tell us can be helpful and shows that you're willing to cooperate and tell your story which may help us help you as opposed to allowing someone else to tell the story for you because we're going to talk to somebody else at some point in time and that may person may want to just pin it all on you and say you're the you're the mastermind behind all this even though they're the ones with all the money. You know what I mean? So >> hard information. >> I got nothing. [laughter] You guys laid it all out already. I mean, yeah, this is your chance to help yourself. >> Yeah. I don't know why. >> That's okay. >> That's all right. Oh, I mean, I'm kind of giving you your time because once I leave, that's that's it. I'm not going to ask you any more questions. And then that's when the federal government will get involved in attorneys and prosecutors. This is your turn to just say, "Hey, this is what happened to me. This is how I met these people. This is what I was doing." It shows your level of cooperation because that's personally that's what I think happened to you. But if you don't tell me that, then I have to just go off the evidence that I have. >> And it's what happened to me. Like I don't have any information that would be beneficial for you. >> Well, you don't necessarily know that. You don't know what could be beneficial and what may not be. I mean, that's every little thread is a thread that we can pull and that can help us figure things out. So, it doesn't even necessarily have to be anything that you think immediately is important to you or it can help us. You may not even know right now the way that it could help us or where that thread will lead us. So that's why I don't want you to to come in and think, "Oh, there you have nothing." Because I can guarantee you you have something that we would find helpful. >> You need some water or something. You want to think about it for a second? >> I have a bad headache. I'm trying to multitask my thoughts. >> Okay. You want me to get you some water? >> Yeah. >> Will that help you? >> Just take a minute. Just breathe. I'll go get some water. Okay. >> [snorts] [snorts] >> While we wait, can you tell us a little bit about you? >> I don't know. >> Well, just a little anything you're willing to share. I don't know anything about you. I'm assuming you are you living where? In New York or New York? >> [snorts] >> Now, who do you live with? >> Your mom. Okay. How long have you been living there? >> Any brothers and sisters or just you and your mom? >> Okay. And how's everything with your mom? >> She's good. Health good. She doing okay moneywise? [snorts] How about you? You working? No. When was the last time you were working? >> Last June. >> Okay. And what were you doing for work? >> Medical assistant. >> Medical assistant. How come you're not working now? [snorts] >> Lost my job. I can't find [snorts] >> I'm sorry. That's going to suck. Stuck out the job market's real bad right now. Did you get any special training for the uh for that career? And even in spite of that, it's not helping you find any jobs? No. Have you branched outside of where you've been? Do you look in any other states or anything like that? Just no luck alto together. [snorts] >> We were just trying to get to know her a little bit. Um just kind of trying to see what's going on at home or what she's dealing with. She's living with mom. She um has been out of work since June of last year. >> So kind of kind of struggling a little bit, but mom's good. Health's good. So that's something >> that makes sense. What are you feeling right now? What are you What's What's going on? [sighs] Are you are you afraid? >> Yeah. >> And what are you afraid of? >> The whole thing. >> Are you afraid of what could happen to you because of us or are you afraid of what could happen to you from somebody else? [snorts] Have you been arrested before? [snorts] >> Yes. >> What have you been arrested for? >> I heard that. >> Okay. How long ago was that? >> 2018. >> Okay. >> [snorts] >> Have you had any other issues with the ex-boyfriend or is that that done? Put that >> Yeah. >> Okay. >> That's good. >> Yeah. Yeah. Sometimes those are uh those are tough to to break away from. So, >> yeah. >> What have you charged with? >> Well, right now we're we're just charging you with forgery second. like the officers who processed your arrest will let you know, but obviously that's just specifically on today. Um, you know, there's other issues at play here and that's what these folks are looking into. So whether or not there's anything locally that we could charge you with, I'm not sure. That's why we're trying to see where this conversation goes. Otherwise, it, you know, could it could just mainly be their investigation going forward. >> Yeah. Federally, you're not being charged with anything at this time. We're investigating bank fraud, treasury check fraud, identity theft. >> It's a bigger case than just you. come up. >> Okay. >> Absolutely. I appreciate you time to use right here. Okay. >> Thank you. >> No worries. >> Officer comes back. >> Yeah, that'd be great. Thank you. >> Once the formal warning is signed, the interrogation is procedurally compliant. But at 3557, the subject says, "I understand, but I don't feel comfortable." Under Burg House versus Tomkins, that is an unambiguous invocation. Michigan versus Mosley then requires questioning to cease immediately. That did not happen. Every word said after 3557 now faces a suppression motion that has real merit. While the agent framing cooperation as a last chance is a recognized technique, Colorado versus Connelly draws the line between permissible persuasion and impermissible inducement. A last chance statement is a fact, not a threat. But stringing several together after an invocation is a different problem. On the federal side, Title 18 United States Code section 1344 covers bank fraud up to 30 years. Section 1028 covers identity fraud. Section 510 covers forgery of treasury checks. The dual account structure, personal and business, opened under a fabricated identity, matches documented money mule patterns. The prior visit adds intense same subject, same bank, different alias, attempting to pass an altered $410,000 treasury check. Under Riley versus California, law enforcement cannot search a phone without a warrant or consent. Officers secure the device in airplane mode. The right call, the warrant question comes later. The lead officer was tactically sound throughout. Low pressure, deescalating without losing control. The abbreviated oral Miranda at 148 is the procedural gap. Courts do not grade on intent. Detective Bergentino read the subject correctly. His minimization approach, framing her as someone who was used rather than masterminded the scheme, was accurate. The problem is that questioning continued after the invocation at 3557. The subject exercised her rights at the moment that mattered most. What she could not undo were the statements made during that 17-minute window, including the one that handed the prosecution its primary charge. Lesson one, if you are placed in a law enforcement vehicle, you are in custody regardless of whether anyone has said the word arrested. Miranda protections attach at that moment. Anything said before a complete warning is at risk. Lesson two. I don't feel comfortable talking is a legally sufficient invocation. Only if questioning actually stops. If it does not stop, say nothing further. Silence is the only safe response. Lesson three. Encrypted apps do not protect you at the moment of contact. The phone was in hand, the app was active, and the call was visible. Encryption is irrelevant if the device is secured before you can wipe it. If there is an interaction or a legal topic you would like covered, let us know in the comments. Thanks for watching.