EFTA00152352 Original UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re: Warrants and Orders For Prospective and Historical Location Information and Pen Register Information for the Cellphones Assigned Call Numbers and USAO Reference No. 2018R01618 AGENT AFFIDAVIT 20 Mag. 6770 Agent Affidavit in Support of Warrants and Orders 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; 2019.07.24 EFTA00152353 18 U.S.C. §§ 2703(d) & 2705; and 18 U.S.C. §§ 3121-3126, in support of two warrants and orders for prospective location information, historical location information, toll records, and pen register information, for the Target Cellphones 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 Cellphones, Subscribers, Target Subject, and Service Providers. The Target Cellphones referenced in this Affidavit are the cellphone assigned call number “Target Cellphone-1”) and the cellphone assigned call number “Target Cellphone-2,” and collectively with Target Cellphone-1, the “Target Cellphones”). As further discussed below, Target Cellphone-1 is subscribed to in the name of “Terramar Project, Inc.” 2019.07.24 2 EFTA00152354 “Subscriber-1”), and Target Cellphone-2 is subscribed to in the name of “G Max” (“Subscriber 2,” and collectively with Subscriber-1, the “Subscribers”). GHISLAINE MAXWELL is believed to use the Target Cellphones and is a Target Subject of this investigation. T-Mobile is the Service Provider for Target Cellphone-1, and AT&T is the Service Provider for Target Cellphone-2. 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 Providers have the technical ability to collect precision location information from any cellphone on its network, including by initiating a signal on the Service Providers’ network to determine the phone’s location. I further know that cell site 2019.07.24 3 EFTA00152355 data is routinely collected by the Service Providers in the course of routing calls placed to or from any cellphone on their network. $ ^{1} $ 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 Cellphones during the time frames at issue herein. ## II. 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”). 1 Toll records are sometimes necessary or helpful in order to obtain or interpret historical cell site data and are therefore also requested herein. 2019.07.24 4 EFTA00152356 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. Based on my review of T-Mobile records, I have learned that Target Cellphone-1 is subscribed in the name of “Terramar Project, Inc.” Based on my review of publicly available videos and related information, I know that GHISLAINE MAXWELL has given multiple public addresses in her capacity as the founder and president of an organization known as the TerraMar Project, a non-profit organization that, as noted, was founded and run by MAXWELL and devoted to ocean protection. 11. As set forth in Paragraph 3 of Exhibit A, MAXWELL was a close associate and employee of Jeffrey Epstein’s. Additionally, as set forth in Paragraphs 1 through 19 of Exhibit A, MAXWELL is charged with committing four of the Subject Offenses together with Epstein. I know from my participation in this investigation that on or about July 6, 2019, Epstein was arrested by the FBI on federal sex trafficking charges. During that arrest, the FBI seized an iPhone from Epstein’s possession (the “Epstein Phone”). Pursuant to a judicially authorized search warrant, the FBI subsequently searched the contents of the Epstein Phone. Among other things, that search revealed that the phone number associated with Target Cellphone-1 was saved as a contact in the Epstein Phone under the name “Ghislaine.” 12. I further know from my review of T-Mobile records the following: a. Target Cellphone-1 has been active within the last 30 days. b. Target Cellphone-1 has been in contact with a phone subscribed to in the name of “Joshua Perry,” which I know from my review of a law enforcement database is the name of the husband of a former employee of Jeffrey Epstein (the “Joshua Perry Phone”). The most recent contact between Target Cellphone-1 and the Joshua Perry Phone occurred in or about May 2020. 2019.07.24 5 EFTA00152357 c. Target Cellphone-1 has also 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 Target Cellphone-1 and the Haddon, Morgan, & Foreman Phone occurred in or about February 2020. d. Target Cellphone-1 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 the name of GHISLAINE MAXWELL’s sister (the “Isabel Maxwell Phone”). The most recent contact between Target Cellphone-1 and the Isabel Maxwell Phone occurred in or about August 2019. e. Target Cellphone-1 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 Target Cellphone-1 and the Laura Menninger Phone occurred in or about August 2019. t. Target Cellphone-1 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 Target Cellphone-1 and the Scott Borgerson Phone occurred in or about August 2019. 13. Accordingly, I respectfully submit there is probable cause to believe that the location of Target Cellphone-1 will reveal the location of GHISLAINE MAXWELL. 2019.07.24 6 EFTA00152358 14. Based on my review of AT&T records, I have learned that Target Cellphone-2 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 that Target Cellphone-2 has been active within the last 30 days. In particular, within the last 30 days, Target Cellphone-2 has been in contact with the Isabel Maxwell Phone, the Laura Menninger Phone, the Haddon, Morgan, & Foreman Phone, and the Scott Borgerson Phone. 15. Accordingly, I respectfully submit that there is probable cause to believe that the location of Target Cellphone-2 will reveal the location of GHISLAINE MAXWELL. ## III. Request for Warrants and Orders 16. Based on the foregoing, I respectfully request that the Court require the Service Providers to provide the Requested Information as specified further in the Warrants and Orders 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. 1. **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 Warrants and Orders 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: 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). 2019.07.24 7 EFTA00152359 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). 17. Accordingly, there is reason to believe that, were the Service Providers to notify the subscribers 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 Providers be directed not to notify the subscribers or others of the existence of the Warrants and Orders for a period of one year, and that the Warrants and Orders and all supporting papers be maintained under seal until the Court orders otherwise, as specified in the Application submitted in conjunction with this Affidavit. Amanda Young Amanda Young Special Agent Federal Bureau of Investigation Sworn to before me this 29 day of June, 2020 HONORABLE KATHARINE H. PARKER Southern District of New York United States Magistrate Judge Sworn to before me by reliable electronic means in accordance with Fed. R. Crim. P. 4.1 and 41(d)(3). 2019.07.24 8