FBI agent affidavit for warrant on Ghislaine Maxwell's cellphone location records

EFTA00080561¶

Original¶

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK¶

In re: Second Warrant and Order For Prospective and Historical Location Information and Pen Register Information for the Cellphone Assigned Call Number USAO Reference No. 2018R01618¶

AMENDED¶

AGENT AFFIDAVIT¶

___ Mag. ___¶

Amended Agent Affidavit in Support of Second Warrant and Order for Cellphone Location and Pen Register Information¶

STATE OF NEW YORK )¶

) ss.¶

COUNTY OF NEW YORK )¶

being duly sworn, deposes and states:¶

I. Introduction¶

1. I have been a Special Agent with the Federal Bureau of Investigation (“FBI” or “Investigating Agency”) since 2017. As such, I am a “federal law enforcement officer” within the meaning of Federal Rule of Criminal Procedure 41(a)(2)(C), that is, a government agent engaged in enforcing the criminal laws and duly authorized by the Attorney General to request a search warrant. I am currently assigned to investigate violations of criminal law relating to the sexual exploitation of children as part of an FBI Task Force. I have gained expertise in this area through classroom training and daily work related to these types of investigations. As part of my responsibilities, I have been involved in the investigation of cases involving sex trafficking, enticement of minors, and transportation of minors for illegal sex acts, and have participated in the execution of search warrants involving electronic evidence.

2. Requested Information. I respectfully submit this Affidavit pursuant to 18 U.S.C. §§ 2703(c) and (c)(1)(A) and the applicable procedures of Federal Rule of Criminal Procedure 41;

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18 U.S.C. §§ 2703(d) & 2705; and 18 U.S.C. §§ 3121-3126, in support of a second warrant and order for prospective location information, historical location information, toll records, and pen register information, for the Target Cellphone identified below (collectively, the “Requested Information”).¶

3. Basis for Knowledge. This Affidavit is based upon my participation in the investigation, my examination of reports and records, and my conversations with other law enforcement agents and other individuals, as well as my training and experience. Because this Affidavit is being submitted for the limited purpose of obtaining the Requested Information, it does not include all the facts that I have learned during the course of this investigation. Where the contents of documents and the actions, statements, and conversations of others are reported herein, they are reported in substance and in part, except where otherwise indicated. In addition, unless otherwise indicated, statements by others referenced in this Affidavit were not necessarily made to me, but may have been provided to me by someone else to whom I have spoken or whose report I have read (and who in turn may have had either direct or indirect knowledge of the statement). Similarly, unless otherwise indicated, information in this Affidavit resulting from surveillance does not necessarily set forth my personal observations, but may have been provided to me by other law enforcement agents who observed the events, and to whom I have spoken or whose report I have read.

4. Target Cellphone, Subscriber, Target Subject, and Service Provider. The Target Cellphone referenced in this Affidavit is the cellphone assigned call number (the “Target Cellphone”). As further discussed below, the Target Cellphone is subscribed to in the name of “G Max” (the “Subscriber”). GHISLAINE MAXWELL is believed to use the Target

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Cellphone and is a Target Subject of this investigation. AT&T is the Service Provider for the Target Cellphone.¶

5. Precision Location Capability. Cellphone service providers have technical capabilities that allow them to collect at least two kinds of information about the locations of the cellphones to which they provide service: (a) precision location information, also known as E-911 Phase II data, GPS data, or latitude-longitude data, and (b) cell site data, also known as “tower/face” or “tower/sector” information. Precision location information provides relatively precise location information about a cellphone, which a provider can typically collect either via GPS tracking technology built into the phone or by triangulating the device’s signal as received by the provider’s nearby cell towers. Cell site data, by contrast, reflects only the cell tower and sector thereof utilized in routing any communication to and from the cellphone, as well as the approximate range of the cellphone from the tower during the communication (sometimes referred to as “per-call measurement” (“PCM”) or “round-trip time” (“RTT”) data). Because cell towers are often a half-mile or more apart, even in urban areas, and can be ten or more miles apart in rural areas, cell site data is typically less precise than precision location information. Based on my training and experience, I know that the Service Provider has the technical ability to collect precision location information from any cellphone on its network, including by initiating a signal on the Service Provider’s network to determine the phone’s location. I further know that cell site data is routinely collected by the Service Provider in the course of routing calls placed to or from any cellphone on their network.$^1$

1 Toll records are sometimes necessary or helpful in order to obtain or interpret historical cell site data and are therefore also requested herein.¶

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6. Successor Service Provider. Because it is possible that the Target Subject may change cellphone service provider during the course of this investigation, it is requested that the warrant and investigative order requested apply without need for further order to any Successor Service Provider who may provide service to the Target Cellphone during the time frames at issue herein.

II. Corrected Facts Establishing Probable Cause¶

7. Although I understand that probable cause is not necessary to obtain all of the Requested Information, I respectfully submit that probable cause exists to believe that the Requested Information will lead to the location of a person, GHISLAINE MAXWELL, to be arrested for the crimes of conspiracy to entice minors to travel to engage in illegal sex acts, in violation of 18 U.S.C. § 371; enticement of a minor to travel to engage in illegal sex acts, in violation of 18 U.S.C. § 2422; conspiracy to transport minors with intent to engage in criminal sexual activity, in violation of 18 U.S.C. § 371; transporting a minor with intent to engage in criminal sexual activity, in violation of 18 U.S.C. § 2423(a); and perjury, in violation of 18 U.S.C. § 1623 (the “Subject Offenses”).

8. On June 29, 2020, a grand jury in the Southern District of New York returned an indictment charging GHISLAINE MAXWELL with the Subject Offenses. The Indictment charging MAXWELL is attached as Exhibit A hereto (the “Indictment”). That same day, United States Magistrate Judge Lisa Margaret Smith signed a warrant for MAXWELL’s arrest, which is attached as Exhibit B hereto (the “Arrest Warrant”).

9. In light of these pending charges in the Indictment and the issuance of the Arrest Warrant, GHISLAINE MAXWELL is subject to arrest for the Subject Offenses.

10. Also on or about June 29, 2020, the Government submitted an Application and accompanying Agent Affidavit seeking a Warrant and Order permitting the FBI to obtain, among

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other things, Cellphone Location Information and Pen Register Information for the Target Cellphone. $ ^{1} $ Those documents were filed under the docket number 20 Mag. 6770. The original Application and Agent Affidavit are attached as Exhibit C hereto. That same day, United States Magistrate Judge Katharine H. Parker signed the requested Warrant and Order for the Target Cellphone, also filed under docket number 20 Mag. 6770. The original Warrant and Order for the Target Cellphone is attached as Exhibit D hereto. Pursuant to the Warrant and Order contained in Exhibit D, the FBI subsequently obtained historical cell site and GPS location data for the Target Cellphone. The collection of prospective location data pursuant to that Warrant and Order began on or about June 30, 2020 and remains ongoing.¶

11. On the afternoon of June 30, 2020, and in the process of re-reviewing certain relevant phone data in connection with another potential application, I realized that my June 29, 2020 Agent Affidavit contained two inadvertent errors. First, the Agent Affidavit incorrectly stated that the Target Cellphone had been in contact with a phone identified as the Isabel Maxwell Phone within the last 30 days. In fact, the Target Cellphone was most recently in contact with the Isabel Maxwell Phone in or about May 2020, or within the last 60 days, not the last 30 days. Second, the Agent Affidavit incorrectly stated that the Target Cellphone had been in contact with a phone identified as the Scott Borgerson Phone within the last 30 days. In fact, the Target Cellphone was most recently in contact with the Scott Borgerson Phone in or about March 2020. The errors resulted from my misreading of certain phone records for the Target Cellphone. In particular, while one

1 The original application also sought authorization for Cellphone Location and Pen Register information for a second Target Cellphone, 917-520-3106, which was identified as Target Cellphone-1 in that application and which was also granted on or about June 29, 2020. Because there were no errors in my affidavit with respect to Target Cellphone-1, this Amended Affidavit does not seek a Second Warrant and Order with respect to that phone.¶

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column in those records indicated that the Isabel Maxwell Phone and Scott Borgerson Phone had themselves been active within the last 30 days, I mistook those dates to be the dates of those phones’ most recent contact with the Target Cellphone. I submit this Amended Agent Affidavit now to inform the Court of the error, to set forth a corrected statement of the facts supporting probable cause, and to seek a Second Warrant and Order authorizing the FBI to continue receiving prospective location data for the Target Cellphone.¶

12. As detailed in my original affidavit, and based on my review of AT&T records, I have learned that the Target Cellphone is subscribed in the name of “G Max,” which appears to be a shortened version of GHISLAINE MAXWELL’s name. I further know from my review of AT&T records the following:

a. The Target Cellphone has been active within the last 30 days.¶

b. The Target Cellphone has been in contact with a phone subscribed to the business “Haddon, Morgan, & Foreman,” which I know from my review of court records is the name of a law firm that currently represents GHISLAINE MAXWELL in civil litigation (the “Haddon, Morgan, & Foreman Phone”). The most recent contact between The Target Cellphone and the Haddon, Morgan, & Foreman Phone occurred within the last 30 days.¶

c. The Target Cellular Device has also been in contact with a phone subscribed to in the name of “Laura Menninger,” which I know from my review of court records is the name of an attorney who currently represents GHISLAINE MAXWELL in civil litigation (the “Laura Menninger Phone”). The most recent contact between The Target Cellular Device and the Laura Menninger Phone occurred within the last 30 days.¶

d. The Target Cellular Device has also been in contact with a phone subscribed to in the name of “Isabel Maxwell,” which I know from my review of a law enforcement database is¶

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the name of GHISLAINE MAXWELL’s sister (the “Isabel Maxwell Phone”). The most recent contact between The Target Cellular Device and the Isabel Maxwell Phone occurred in or about May 2020.¶

e. The Target Cellular Device has also been in contact with a phone subscribed to in the name of “Scott Borgerson,” which I know from my review of bank records and Amazon records is the name of an individual with whom GHISLAINE MAXWELL shares a joint bank account and to whom MAXWELL’s Amazon account has sent multiple packages within approximately the last year (the “Scott Borgerson Phone”). The most recent contact between The Target Cellular Device and the Scott Borgerson Phone occurred in or about March 2020.¶

13. Accordingly, I respectfully submit that there is probable cause to believe that the location of the Target Cellphone will reveal the location of GHISLAINE MAXWELL.

III. Request for Second Warrant and Order¶

14. Based on the foregoing, I respectfully request that the Court require the Service Provider to provide the Requested Information as specified further in the Second Warrant and Order proposed herewith, including prospective precision location and cell site data for a period of 45 days from the date of this Order, historical cell site data and toll records for the period from June 1, 2020 through the date of this Order, and pen register information for a period of 45 days from the date of this Order.

15. Nondisclosure. The scope of this ongoing criminal investigation and existence of the Indictment and Arrest Warrant are not publicly known. As a result, premature public disclosure of this affidavit or the requested Second Warrant and Order could alert GHISLAINE MAXWELL that she is under investigation and subject to arrest, causing her to destroy evidence, flee from prosecution, or otherwise seriously jeopardize the investigation. Specifically:

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a. As evidenced by the charges alleged in the Indictment, MAXWELL is known to have participated in acts of sexual abuse of minors. Alerting her to the existence and scope of the investigation may lead her to intimidate witnesses. See 18 U.S.C. § 2705(b)(1),(4).¶

b. Additionally, the Target Subject is at liberty in the community. Premature disclosure of the existence of this application and the charges contained in the Indictment could result in the Target Subject fleeing from prosecution if she were made aware of the pending charges before arrest. See 18 U.S.C. § 2705(b)(2).¶

15. Accordingly, there is reason to believe that, were the Service Provider to notify the subscriber or others of the existence of the warrant, the investigation would be seriously jeopardized. Pursuant to 18 U.S.C. § 2705(b), I therefore respectfully request that the Service Provider be directed not to notify the Subscriber or others of the existence of the Second Warrant and Order for a period of one year, and that the Second Warrant and Order and all supporting papers be maintained under seal until the Court orders otherwise, as specified in the Amended Application submitted in conjunction with this Amended Affidavit.

Special Agent Federal Bureau of Investigation¶

Sworn to before me this 30 day of June, 2020¶

*sworn to before me by reliable electronic means (telephone) pursuant to Fed. R. Crim. P 4.1¶

HONORABLE KATHARINE H. PARKER¶

United States Magistrate Judge¶

Southern District of New York¶

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