USA v. Dempsey

USA v. Dempsey (Criminal Docket #: 2:16-cr-00119)

Mr. Brian Dempsey is a 52-year-old white revert to Islam from an Irish Catholic background. He converted to Islam in 2008. In July 2013, Mr. Dempsey traveled to Azaz, Syria with a friend to join Ahrar Al-Sham. Less than a month after arriving in Syria, Mr. Dempsey attempted to travel back to the United States after Ahrar Al-Sham suspected him of being a spy.  

In August 2013, on the way back from Syria, Mr. Dempsey was able to print out his flight ticket for the U.S. from Rome. He, however, missed his flight and was stopped by an FBI Agent in Rome Airport, who informed him that he was on the “Do Not Fly List.” The FBI agent further told Mr. Dempsey that he had to speak with the FBI agent before he could return to the U.S.. Mr. Dempsey was not read his Miranda rights; Mr. Dempsey says that the FBI agent did not portray this conversation as an official statement. Mr. Dempsey told the FBI agent that he and his friend went to Syria for the purpose of “helping refugees,” that he had asked his brother to check with the State Department to make sure it was not illegal for him to travel to Syria, and that he had not encountered any terrorists nor anyone involved with fighting against the Assad regime while he was in Azaz, Syria. The FBI agent told Mr. Dempsey that he would need to participate in a second conversation before he could return to the United States. Mr. Dempsey refused and called his brother who retained Mr. Mark Reichel for counsel on Mr. Dempsey’s behalf.  

Mr. Reichel told Mr. Dempsey not to speak with the FBI further as the government was attempting to charge him with 18 U.S.C. 956 (conspiracy to murder or maim abroad). He told Mr. Dempsey to retrieve repatriation papers at the American Embassy; however, Mr. Dempsey could not return to the U.S. because the FBI prevented him from receiving these papers until he spoke with them again. Unwilling to give a second statement and almost penniless, Mr. Dempsey returned to Syria in September 2013. Mr. Reichel then advised Mr. Dempsey that if he cooperated with the FBI, he would get full legal immunity. Mr. Dempsey did not receive this agreement in writing.  

In January 2014, Mr. Dempsey met the FBI in Rome, Italy for a series of interviews under the impression that he would have immunity. At the end of these interviews, the Government did not grant Mr. Dempsey immunity; rather, they offered a plea deal in February 2014 in which Mr. Dempsey would plead guilty to one count of 18 U.S.C. 1001 (making a false statement) with no application of the Terrorism Enhancement (no 5k1), cooperate with the government to indict his friend, and help the government with “other things after.” Mr. Dempsey refused to accept this offer and demanded, to no avail, the immunity he believed he had been promised. With no ability to support himself or return home, he wandered around Europe homeless for the next three years.  

In June 2016, the Government sought an indictment for Mr. Dempsey for making false statements. According to Mr. Dempsey, the FBI agent did not testify at this Grand Jury hearing—a case agent did. In January 2017, he was detained in His Majesty’s Prison Belmarsh in the U.K. until he was extradited to the U.S. in 2020. Mr. Dempsey was indicted for making 5 false statements involving international terrorism in his August 2013 FBI interview. 

On September 1st, 2023 the charges against Mr. Dempsey were suddenly dropped by the Government. Now, Mr. Dempsey seeks relief for malicious prosecution by the government. He ended up serving more time on a pending charge than he would have if he was sentenced for this charge. Mr. Dempsey has experienced immense harm. His denial of repatriation resulted in him being homeless for three years in the U.K., serving five years in confinement, including one year in solitary, and experiencing immense psychological harm.

OUTCOME