FBI agents posed as journalists and tricked the Bundy ranching family and their supporters into giving on-camera interviews that prosecutors may use in upcoming trials, according to defense attorneys and court records.

The FBI’s “fake film production company” and “wide-reaching deceptive undercover operation”, as lawyers described it in a court filing, is one of multiple controversies that some say could derail the government’s prosecution of Nevada rancher Cliven Bundy, his four sons and a dozen of their followers. A recent Bureau of Land Management (BLM) ethics scandal involving tickets for the popular Burning Man festival could further hinder prosecutors in the high-profile trial, which began this week in Las Vegas federal court.

The case stems from the Bundy family’s infamous 2014 standoff with federal agents at their ranch in Bunkerville, Nevada. The 70-year-old patriarch became a hero to conservative cowboys in the west when he publicly refused to pay grazing fees to the federal government, arguing that the BLM has no right to regulate lands by his property.

When federal agents attempted to seize his cattle, hundreds of supporters, some heavily armed, flocked to the ranch to defend the family. The government eventually retreated and only filed conspiracy, firearms and assault charges two years later – after his sons were involved in a similar standoff in Oregon.

In January 2016, Ammon and Ryan Bundy spearheaded a takeover of the Malheur national wildlife refuge to protest the government’s treatment of Oregon ranchers, leading to federal conspiracy charges against more than two-dozen participants. In a surprise verdict in October, a jury found the Bundy brothers and their supporters not guilty, which some say could foreshadow the government’s failure in Nevada.

A total of 17 men are preparing for trial in Las Vegas over their roles in the Bunkerville case, including Cliven, Ammon and Ryan and their brothers Mel and Davey. The Bundys have long argued that they were engaged in peaceful protests against federal overreach while prosecutors and environmental groups have alleged that the men executed a coordinated, violent attack on agents and have damaged public lands with their defiance of regulations.

Ammon Bundy, who lead an armed anti-government militia in their takeover of the Oregon wildlife refuge, speaking at a news conference. Photograph: Rob Kerr/AFP/Getty Images

The underlying conspiracy allegations aside, some actions of individual FBI and BLM officers could cause problems for the government’s case.

Attorneys for Cliven and defendant Gregory Burleson have alleged that the FBI created a bogus film company called Longbow Productions, tricking many defendants into making “boastful, false and potentially incriminating statements” in interviews. Masquerading as journalists, agents paid defendants for their testimony, and in Burleson’s case, gave him alcohol with the intent of extracting incriminating admissions, according to defense attorneys.

In one filing, prosecutors admitted that FBI agents “acting in an undercover capacity as independent documentary filmmakers” interviewed Burleson, though the full extent of the Longbow operation remains unclear.

“When the jury finds out this is a tactic they used, none of them will think it’s okay,” said Daniel Hill, Ammon’s lawyer, adding, “It shows the lows the government was willing to go to.”

In the Oregon militia trial, the role of paid FBI informants hurt the government’s case, according to one juror.

“The jury did not like hearing there were undercover agents,” said Lisa Bundy, Ammon’s wife. “They’re using yours and my tax dollars to hurt other Americans.”

Bret Whipple, Cliven’s attorney, said when the FBI poses as reporters, it has a chilling effect on free speech. “The government is going to an extreme when they claim to be the free press and are trying to manipulate you to say things.”

Press advocates argue it’s never appropriate for police to impersonate journalists given how it can damage the public’s trust in the media.

“If you think every reporter you meet could be an agent of law enforcement, it really has an immediate impact on any journalist coming to try and cover that story,” said Gregg Leslie, legal defense director of the Reporters Committee for Freedom of the Press.

The US attorney’s office declined to comment.

In a separate matter, federal investigators recently announced ethical misconduct and violations by a BLM supervisory agent, who is accused of using his influence to obtain tickets and special passes to the Burning Man festival in the Nevada desert. The agent, who officials did not name, also allegedly used BLM resources for his family’s benefit at Burning Man and intervened in hiring to benefit a friend.

Though the investigators did not name the agent, the Salt Lake Tribune and Reno-Gazette Journal identified him as Dan Love, who held the position outlined in the government’s report during the period in the inquiry.

Love oversaw the BLM’s handling of the 2014 Bundy standoff, and given his role as a key witness, Bunkerville defense attorneys have said the misconduct case could unravel the prosecution.

“He has a history of intimidation and bullying,” said Chris Rasmussen, attorney for defendant Pete Santilli, arguing that the agent heightened tensions at the standoff. “Instead of de-escalation, he tried to escalate the situation.”



Love did not respond to an inquiry. BLM spokesman Michael Richardson declined to identify the agent who was investigated, but said he is currently an employee, adding: “These types of allegations do not align with our mission or the professionalism and dedication of our 10,000 employees doing essential work for America’s public lands.”

The Buknerville trials will be happening in three phases this year, and the Bundy men are not included in the first round that began Monday.

Lisa Bundy said it was unfair the men have been forced to wait behind bars for more than a year for their trials, claiming that Cliven’s health has taken a toll.

“Jail is not for a 70-year-old man who has never been too far from his childhood ranch.”