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Burlington man charged with sending fake tip to ICE

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A 23-year-old Burlington man is behind bars on allegations of filing a fake claim on the U.S. Immigration and Customs Enforcement’s tip line. Cole Swarkowski wrote the online complaint claiming he overheard an individual say they were looking to purchase firearms and harm people.

Upon receiving the tip around 2:00 a.m. Aug. 22, Homeland Security – which oversees ICE – contacted their Burlington office to begin an investigation of the person named in the complaint. Vermont State Police carried out this investigation. 

“This individual is not american, he is dangerous, he wants to carry firearms and i heard him say that he wants to harm individuals with said firearms, he is illegal from south africa,” the tip read, according to court documents, filed by Homeland Security Special Agent Timothy O’Leary.

Court records show VSP Trooper Clay Knight called the previous employer of the alleged alien who told the officer the individual was a “great worker” and “never had issues with him in the past.”

Cole Swarkowski of Burlington was charged with providing a false tip to Immigration and Customs Enforcement. Linkedin photo.

At approximately 7:30 p.m. the same day the tip was placed, Knight conducted a traffic stop on the vehicle to speak with the person named in the tip, who the affidavit names as “JB.”

Knight said the man was in his car with his wife and newborn, and that he “did not appear to be a threat to himself or others.” Knight also asked if the man thought he “had any enemies,” to which he mentioned a recent promotion at his job at the University of Vermont Medical Center.

The Burlington Homeland Security Investigations office confirmed “JB” was not in the country illegally.

The next day, federal agents went to Swarkowski’s house around 10:00 a.m. and identified themselves to Swarkowski. While talking on his porch, Swarkowski admitted the tip was “not true” and that he was “having a bad night when he made that report.” 

Swarkowski is also facing a state disorderly conduct charge for text messages he sent to other UVMMC employees on the same day he filed the fake tip with ICE. Court records detail a few of these texts, which are riddled with racist slurs and an image of a box of ammunition. A security manager at the hospital was told about the texts from the employee receiving them, who then contacted the Burlington Police Department. 

BPD went to Swarkowski’s house on Aug. 22 to issue him a citation for disorderly conduct relating to the text messages. While speaking with officers then, Swarkowski admitted to having mental health issues and owning a firearm. Police offered mental health assistance to Swarkowski who denied it at the time. 

Federal agents and BPD officers responded again to Swarkowski’s residence on Aug. 23 around 4:30 p.m. and arrested him without incident for the fake tip. A hearing is scheduled for Aug. 30 and Swarkowski is facing up to five years in prison. 

U.S. Attorney Christina Nolan filed a motion of detention for Swarkowski “because there is a serious risk that the defendant will threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness.” 

He is currently being held at the Chittenden Regional Correctional Facility.

The affidavit states Swarkowski “was a former contractor for the UVMC.” A voicemail left with hospital media relations staff was unreturned by the time of publication. 

“In addition to enforcing U.S. immigration law, U.S. Immigration and Customs Enforcement (ICE) investigates more than 400 violations of criminal law, ranging from child exploitation to transnational gangs,” ICE spokesperson John Mohan said in an emailed statement. 

Mohan also wrote that people who submit online tips must attest the information they are submitting is true, or they could face criminal charges. In addition to the five years in prison,  a fine of up to $10,000 is also allowed. 

 

Read the story on VTDigger here: Burlington man charged with sending fake tip to ICE.


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