Iowa DCI agent accused of 'warrantless search' in gambling investigation of student-athletes in court motion

IOWA - The attorney for former Iowa State Cyclones Eyioma Uwazurike and Isaiah Lee is accusing a DCI agent of using improper investigation techniques and being dishonest in depositions related to an investigation into gambling by student athletes at the University of Iowa and Iowa State University in a new court motion filed on Tuesday.

Topeka native DeShawn Hanika, who graduated from Hayden High School in Topeka in 2018, was one of 15 students caught up in the investigation. He was a tight end for ISU at the time and was suspended over the allegations. The case against Hanika was dismissed in October of 2023 and he later committed to play for the University of Kansas.

Uwazurike and Lee are charged in Story County with Identity Theft and Tampering With Court Records. They are among more than a dozen current and former Iowa Hawkeye or Iowa State Cyclone student-athletes who were charged with similar offenses in 2023 following an investigation by Iowa DCI agents.

Uwazurike's charges arise from him allegedly using an account registered under his girlfriend's name to place bets. The Iowa Division of Criminal Investigation has since conceded that this is not actually illegal and would be akin to the sharing of a Netflix account.

Both Uwazurike and Lee have pled not guilty in Story County while their attorney, Van Plumb, has pushed the state for more information about how and why his clients and other athletes were came to be under investigation. Plumb has previously accused Iowa DCI agents of accessing a proprietary data tool used by casinos to improperly launch a targeted investigation of only athletes at the UI and ISU.

On Monday, Plumb furthered those accusations in court with a new motion filed after completing depositions with Iowa DCI agents last week. According to Plumb's filing, Iowa DCI Agent Brian Sanger gained access to a data tool called 'Kibana' and used to "place a warrantless GeoFence" on a dorm at the University of Iowa to identify gambling apps being used in an area where no one was of age to gamble. Sanger then used this information to try to open a larger investigation, but was denied - according to the court filing.

Agent Sanger then used 'Kibana' to target a University of Iowa athletic facility to gather information on gambling apps being used. According to the court motion, Sanger did this "without a warrant, tips, complaints, or evidence that illegal gambling was occurring." Sanger was able to use data gathered at the athletic facility to gain permission from supervisors to open a larger investigation that included targeting more athletics facilities at state universities, according to the filing.

When asked why he decided to begin the investigation into gambling by student-athletes, Sanger reportedly said he couldn't remember why but said "he was concerned about things such as people infiltrating Iowa’s sports team to gain insider information or match fixing", according to motion filed on Monday.

In a statement to WHO 13, Plumb says Sanger's actions raise obvious questions about the legality of the entire investigation. “Depositions were held on January 19, 2024, of Special Agents with the Iowa Department of Criminal Investigation.  The depositions led to the filing of a Motion to Compel and Motion for Discretionary Discovery.  The Motions are the direct result of information learned during the depositions, which is set forth in detail in such Motions, wherein Special Agent Sanger chose to use software that allowed him to access people's private information without a warrant which raises Constitutional issues involving illegal searches and seizures", Plumb said in the e-mailed statement.

WHO 13 has reached out to the Iowa Division of Criminal Investigation for comment on today's court filings and the accusations of illegality that it raises.

Nine of the 15 athletes who were charged pleaded guilty to only a lesser charge of Underage Gambling. Most of the others had the charges against them dismissed due to a lack actual criminal activity.

Uwazurike was drafted by the Denver Broncos in 2022. He was suspended indefinitely by the NFL in July for violating the league's gambling policies.

The full text of the motion filed by Plumb follows:

Depositions in this matter were conducted on January 19, 2024, wherein it was learned from Special Agents:

Special Agent Brian Sanger along with 4 other team members were given access to Kibana in December of 2022.

The State’s argument that “DCI agents began to identify irregular online/mobile sports wagering activity originating from state organizations that regularly participate in sanctioned sports wagering contests” was actually the result of Special Agent Brian Sanger conducting a warrantless search on Iowa and Iowa State’s campuses.  Special Agent Brian Sanger was given access to a tool that can invade people’s privacy.  He initially used Kibana to place a warrantless GeoFence around a freshman/sophomore dorm at the University of Iowa to investigate underage gambling without any tips, complaints, or evidence that underage gambling was occurring.   The use of Kibana allowed him to see that online betting applications were opened in the dorms but the software did not allow him to determine if bets were actually being made.  The other information he was able to see was the account numbers associated with the applications which did not contain identifying information about who was using the account.  Special Agent Sanger approached his superior Troy Nelson and Assistant DCI Director Jobes to ask for permission to continue the investigation.  He was told no.

Special Agent Sanger then decided to target an athletic facility at the University of Iowa because it was a stand-alone facility with restricted access to athletes, coaching staff and support personal. Again, this was done without a warrant, tips, complaints, or evidence that illegal gambling was occurring.  Special Agent Sanger identified the same information he had in relation to the dorm. He consulted his team of Heather Dunow, Phil Kennedy, Chris Atkins, and Chris Swigart to discuss continuing the investigation and again approached Special Agent Troy Nelson and Assistant Director Jobes who gave him the green light to continue the investigation.   Without reasonable cause the team of Special Agents targeted more facilities as well as began requesting subpoenas to obtain account information on hundreds of private citizens private information which was also without reasonable cause. 

The result was the indictment of a handful of Iowa’s Student Athletes even though the privacy of hundreds had been invaded.    During Special Agent Sanger’s deposition on January 19, 2024, he stated that he cannot remember why he decided to conduct the warrantless searches but that he was concerned about things such as people infiltrating Iowa’s sports team to gain insider information or match fixing.

Special Agent Sanger also stated that only those Athletes that had used an account registered to a different person were charged and that those who had gambled in an account in their names were handled administratively.  The Defense has received information that indicates this is not true and that in fact, there is a possibility that only high-profile athletes were targeted when charges were filed in the fall of 2023."

1/22/24 Story County Court Filing