New criminal investigation of MS Coast ex-federal agent is underway, official confirms

A new investigation is underway over allegations of criminal wrongdoing by former federal agent and longtime Mississippi law enforcement officer Benjamin “Ben” Taylor, Mississippi Department of Public Safety Commissioner Sean Tindell said.

Tindell said he made the decision in the aftermath of a Sun Herald report about how Chancery Judge Jennifer Schloegel found that Taylor “committed fraud” by “creating, procuring and submitting” a fraudulent DNA test in a child support case to deny he fathered a girlfriend’s child.

In addition, Schloegel found that Taylor repeatedly and consistently lied under oath during testimony in the child support litigation.

Schloegel ruled in January after a two-day trial over the child support lawsuit filed against Taylor by the Mississippi Department of Human Services. Taylor’s longtime girlfriend, Branissa Stroud, the child’s mother, was a co-petitioner in the lawsuit. The suit was filed in Hancock County Chancery Court.

On Feb. 2, Taylor filed a notice to appeal Schloegel’s ruling. He is representing himself.

Since the ruling, The Sun Herald has reviewed an audio recording of an interview in the first criminal investigation handled by now-retired MBI Investigator Shelby Smith.

In the recording, Smith talks about how he attended police training with Taylor’s father and watched Ben Taylor grow up as a child. In fact, Smith said in the interviews that he had known both father and son since as early as 1994.

The Sun Herald contacted Tindell to find out why someone with close connections to Taylor conducted the probe.

Tindell said he didn’t know about the relationship between MBI Agent Smith and Taylor until the second criminal investigation started. That investigator called to tell him about the connections between the two.

MBI handles independent investigations into criminal wrongdoing by police and other matters, including police shootings. MBI operates under the umbrella of the MDPS, which Tindell heads.

Tindell said he has now assigned a new MBI agent for the second investigation who has no ties to Taylor or his family.

“Look, I’ve been a big proponent of transparency since I got here,” Tindell said. “If there are any issues with the prior investigation, and it looks like there may be, we are going to address them. We are working with the Attorney General’s Office now.’”

Taylor also worked early-on in his career as a contract investigator for the AG’s office, according to his LinkedIn profile.

‘MBI agent: ‘The evidence is right in front you’

In the recorded interviews, MBI Agent Smith directly references the DNA test results Taylor had submitted to the court in the child support case.

“The evidence is right in front you,” Smith said in one recorded interview with Stroud and her attorney, Michael Holleman. “You know without a doubt.”

Smith went on to say, “Looking at this now...I think he... Photoshopped all this somehow.”

Holleman believes the first investigation “was not a serious one.”

MBI’s knowledge of failed lie detector test

In other statements made by Smith, he made comments about a previous federal investigation into Taylor that centered around allegations of fraud in the child paternity case and other matters, including allegations that Taylor went to work for another law enforcement agency while still employed by HSI.

During that probe conducted by now-retired HSI federal investigator Donald Smith, Smith told Stroud’s attorney that Taylor had failed a lie detector test administered by federal authorities over the alleged fraud and other matters. That investigator asked the U.S. Attorney’s Office to pursue criminal charges against Taylor, but it declined.

Taylor was forced out of his job at HSI due to the federal investigation there and went to work as narcotics commander at the Hancock County Sheriff’s Department. He was forced out of that job after the initial Sun Herald report on the matter.

In MBI Agent Smith’s interview with Stroud and Holleman, he discussed the federal investigation into wrongdoing by Taylor and how the federal agent said Taylor failed his polygraph test.

“I’m a polygraph examiner as well,” MBI Agent Smith said. “I am, cause I wanted to look at it, but ... since it’s internally, I can’t. All I know is he failed it internally.”

MBI Agent Smith laughed at times and told Holleman and Stroud he wondered whether federal agent Smith had sent in tips about the allegations of wrongdoing.

The Sun Herald received various tips about the fraudulent DNA test results from people in law enforcement and others.

In addition, a Harrison County public defender told the Sun Herald this week that they had actually been the one to call in the tip to Mississippi Coast Crime Stoppers after going to the local district’s attorney’s office about the allegations of wrongdoing.

“They told me to report it to Crime Stoppers,” the attorney said.

“The only reason I made the tip is because I have an ethical responsibility to report when I think someone is perpetuating a fraud on the court and every lawyer has that duty,” the public defender said. “I just want to see accountability.”

Feeling hopeful

Attorney Holleman said Monday he is hopeful, but somewhat skeptical, about the new criminal investigation.

“The criminal investigation of Mr. Taylor did not originate with Ms. Stroud,” he said. “According to MBI Investigator Smith, it originated with the Mississippi Coast Crime Stoppers. Ms. Stroud’s position is, and always has been, that she is willing to cooperate with any law enforcement officer engaged in a legitimate, good-faith investigation.”

Holleman noted how Stroud “cooperated fully” with the federal agent that had investigated Taylor, though Stroud said Taylor encouraged her not to cooperate with Smith’s investigation, that she didn’t have to meet with him and that “he (federal agent Smith) can’t do anything do you,” as a result.

Judge Schloegel specifically addressed Taylor’s directions to Stroud regarding the federal investigation.

“Telling Ms. Stroud not to speak with a Homeland Security investigator, who is investigating whether Taylor committed fraud, may have been attempted obstruction of justice,” Schloegel said. “Regardless, it is certainly evidence of consciousness of guilt.”

Holleman said Stroud has cooperated with both the federal and state criminal investigations from the beginning. Holleman then addressed the investigation by MBI Agent Smith.

“In a one-hour, thirty-eight-minute interview, Ms. Stroud answered all of (MBI) Agent Smith’s questions,” Holleman said. “We provided (MBI) Agent Smith with documentation that fully corroborated her statements. I also offered to provide complete access to digital data when MBI decided that it was needed.”

But Holleman said that MBI agent Smith never requested the data or any other information from Stroud after one meeting.

“Ms. Stroud provided MBI Agent Smith with the same core facts and documents that Chancellor Schloegel considered when she ruled by clear and convincing evidence that Mr. Taylor committed this fraud and lied repeatedly under oath about it,” Holleman said. “I was recently contacted by an MBI Investigator, who stated she had been assigned to investigate this case.”

The new MBI agent assigned to the investigation wants to interview Stroud.

“Ms. Stroud is willing to cooperate with MBI,” Holleman said. “However, I insisted that MBI first obtain the sealed judgment, the transcript, and the exhibits so that the interview can proceed in an informed manner.”

The bottom line, Holleman said, is that “(MBI) Agent Smith closed an overwhelming case of fraud by Taylor.”

“This time, MBI will not only be looking at the original fraud but multiple counts of perjury committed in the hearing before Chancellor Schloegel,” Holleman said.

“With this evidence, it will be a lot more difficult for MBI to close this (second) investigation without action,’ Holleman said. “From what I can gather, it’s an active investigation and we really can’t comment on it further.”

Tindell confirmed Thursday the second MBI investigation is ongoing.

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