LJ Of~lGINAl

Approved:

,--LAI/DAVID MILLER united States Attorneys HONORABLE JAMES L. COTT united States Magistrate Southern District of New

Before:

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

x SEALED COMPLAINT

UNITED STATES OF AMERICA

- v.

.-

Violations of 18 U.S.C. §§ 2319 and 371, 17 U.S.C. § 506 COUNTY OF OFFENSE: New York

RICHARD J. O/DWYER, a/k/a "Duffman," Defendant.
x

SOUTHERN

DISTRICT

OF NEW YORK:

MARCELLO DI LAURA, being duly sworn, deposes and says that he is a Special Agent with the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations ("HSI"), and charges: COUNT ONE (Conspiracy to Commit Copyright Infringment)

1. From in or about December 2007/ up to and including the present, in the Southern District of New York and elsewhere, RICHARD J. 0' DWYER, a/k/a "Duffman," the defendant, and others known and unknown, unlawfully, willfully and knowingly combined, conspired, confederated, and agreed together and with each other to commit an offense against the united States, to wit, violations of Title 17, United States Code, Section 506 (a) (1) (A), (a) (1) (B), and (a) (1) (C), and Title 18, United States Code, Section 2319 (b) (1), (c)(1), and (d) (2) . 2. It was a part and an object of the conspiracy that RICHARD J. 0' DWYER, a/k/ a "Duf fman." the defendant, and others known and unknown, would and did infringe copyrights for the

purposes of commercial advantage and private financial gain; by the reproduction and distribution, including by electronic means, during a 180-day period, of ten and more copies of one and more copyrighted works, which have a total retail value of more than $2,500; and by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, knowing that the work was intended for commercial distribution, in violation of Title 17, united States Code, Section 506 (a) (1) (A), (a) (1) (B), and (a) (1) (C) and Title 18, United States Code, Section 2319 (b) (1), (c) (1), and (d) (2).
I

Overt Act 3. In furtherance of the conspiracy and to effect the illegal object thereof, RICHARD J. O'DWYER, a/k/a \\Duffman,1I and others known and unknown, committed the following overt act in the Southern District of New York and elsewhere: a. O'DWYER made available, in the Southern District of New York and elsewhere, first-run and other movies for streaming from a publicly accessible website called TVShack.cc, and one of such movies was then streamed by a law enforcement officer acting in New York, New York. (Title 18, United States Code, Section 371) .
COUNT TWO

(Criminal Infringement

of a Copyright)

4. From in or about December 2007, up to and including the present, in the Southern District of New York and elsewhere, RICHARD J. O'DWYER, a/k/a "Duf frnan." the defendant, unlawfully, willfully and knowingly infringed copyrights for the purposes of commercial advantage and private financial gain; by the reproduction and distribution, including by electronic means, during a 180-day period, of ten and more copies of one and more copyrighted works, which have a total retail value of more than $2,500; and by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, knowing that the work was intended for commercial distribution, to wit, O'DWYER knowingly made available for downloading and streaming, in the Southern District of New York and elsewhere, thousands of copyrighted movies and television programs with an estimated value of hundreds of thousands of dollars, without

2

the authorization of the copyright holders through two publicly accessible websites named TVShack.net and TVShack.cc. (Title 17, United States Code, Section 506(a) (1) (A), (a) (1) (B), and (a) (l) (C), and Title 18, United States Code, Section 2319 (b) (1), (c) (1), and (d) (2» . The bases for my knowledge charges are, in part, a$ follows: and for the foregoing

5. I have been a Special Agent with the Department of Homeland Security, Immigration and Customs Enforcement (\lICE") for approximately five years. Prior to that, I was employed as a Customs and Border Protection Officer for approximately two and a half years. I am currently assigned to the Homeland Security Investigations Department within ICE's Special Agent in Charge New York Office. I have received training regarding computer t~chnology and intellectual property offenses. 6. I am familiar with the information contained in this affidavit based on my review of documents, conversations I have had with other individuals and law enforcement officers about this matter, and my training and experience. Because this affidavit is being submitted for the limited purpose of establishing probable cause, it does not include all the facts I have learned during the course of my investigation. Where the contents of documents and the actions, statements and conversations of others are reported herein, they are reported 1n substance and in part, unless noted otherwise. BACKGROUND 7. conversations Based on my traininq and experience, as well as my with other agents, I know the following:

a. A domain name is a simple, easy-to-remember way for humans to identify computers on the Internet. For example, \lwww.usdoj.gov" and "www.yahoo.com" are domain names. b. The Domain Name System ("DNS") is, among other things, a hierarchical convention for domain names. Domain names are composed of one or more parts, or \\labels," that are delimi ted by periods, such as \\www.example.com ." The hierarchy of domains descends from right to 1efti each label to the left specifies a subdivision, or subdomain, of the domain on the right. The right-most label conveys the "top-level" domain. For example, the domain name "www.example.com means that the computer assigned that name is in the \\.om" top-level domain and c
fl

3

the uexample" second-level by the UWWw").

domain, and is a web server

(denoted

c. DNS servers are computers connected to the Int~rngt that convert domain names that are easy for humans to remember into Internet Protocol (UIpll)addresses, which are unique machine-readable numeric addresses that computers use to identify each other on the Internet. An IP address looks like a series of four numbers, each in the range of 0-255, separated by periods (~, 121.56.97.178). Every computer connection to the Internet must be assigned an IP address so that Internet traffic sent from and directed to that computer is directed properly from its source to its destination. DNS servers can be said to "resolve" or "translate" domain names into IP addresses. d. For each top-level domain (such as u.com"), there is a single company, called a \lregistry," that determines which second-level domain resolves to which IP address. For example, the registry for the \I.tv," ".net," and ".com" top-level domains is veriSign, Inc., 487 East Middlefield Road, Mountain View, CA 94043. The registry for the ".org" top-level domain is The Public Interest Registry, 1775 Niehle Avenue, suite 200, Reston, VA 20190 and the ".org top-level domain is administered by Afillas USA, Inc., Building 3, suite lOS, 300 Welsh Road, Horsham, PA 19044.
ll

e. If an individual or business wants to purchase a domain name, they buy it through a company called a "registrar." Network Solutions and GoDaddy are two well-known examples of registrars, although there are hundreds of registrars on the Internet. The registrar, in turn, communicates this purchase to the relevant registry. The individual or business who purchases, or registers, a domain name is called a "registrant."

f. Registrants control the IP address, and thus the computer, to which the domain name resolves. Thus, a registrant may easily move a domain name to another computer any where in the world simply by changing the IP address at the registry.
g. Registries and/or registrars maintain additional information about domain names, including the name and contact information of the registrant.
8. Based on my training and experience and communications with representatives of the Motion Picture Association of America, Inc. (the UMPAA"), an industry trade 4

group that represents six major United States motion picture studios,l I am aware that many websites involved in the illegal distribution of copyright-protected content over the Internet may be divided into two classes: \\linking" websites and \\cyberlocker" websites. "LinkingH websites generally collect and catalog links2 to files on third party websites that contain illegal copies of copyrighted content, including movies, television shows, and music.3 Linking websites organize these links by movie title or genre, among other ways, to make them easily accessible. Users simply click on a link to begin the process of downloading or streaming4 to their own computer an illegal copy of a movie, t el.ev.l s Lon show, or music file from the third party website at which it is stored. Linking websites are popular because they allow users to quickly browse content and locate illegal copies that would otherwise be more difficult to find through manual Bearches of the Internet. Linking websites also often allow users to post links to infringing content. As

1 The MPAA members are Walt Disney Studios Motion pictures, Paramount Pictures Corporation, Sony Pictures Entertainment Inc., Twentieth Century Fox Film Corporation, universal City Studios LLP, and Warner Bros. Entertainment Inc.

2 For purposes of this Complaint, a "link" is code which specifies a particular webpage or file on the Internet. If clicked on by a user, a link can bring up the relevant webpage in an Internet browser or run a program. For example, \\http://movies.nytimes. com/2010/ 06/18/movies/18 toy. html? scp=1&sq=toy%20story%203&st=cse" is a link to a webpage containing the ;N"ew York Times' review of the movie "Toy Story 3." A \\ink" may also be referred to as a "Uniform Resource Locator" l or "URL." I know from my participation in the investigation that illegal copies of motion pictures are frequently made by surreptitiously videotaping movies while they are being shown in theaters. These infringing copies are then quickly distributed over the Internet, sometimes within hours of a movie's initial release. Illegal copies of motion pictures are also made by illegally copying authorized DVDs of those movies.
3 4 "Streaming" refers to a particular method by which media, in particular audio and video files, are delivered to users over the Internet. For purposes of this affidavitt "streamed" media is presented to a user before the entire media file has been transmitted. "YouTube.com is an example of a popular website that offers stremning media.
ll

5

further detailed below, RICHARD J. O'DWYER, the defendant, owned and operated two linking websites, TVShack.net and TVShack.cc (collectively, the I\TVShack websites") . 9. Based on my communications with MPAA representatives, I also know that the third party websites on which the illegal copies of movies and television shows are stored for later downloading or streaming are sometimes referred to as I\cyberlocker" websites. Cyberlockers allow users to upload infringing content and often feature high-capacity data connections that allow users conveniently to download or stream that content relatively quickly. Cyberlocker websites also may allow users to search for and download specific content directly without first going through a linking site. THE TVSHACK.NET WEBSITE

10. Based on my review of webpages that were available at the TVShack.net website, I learned the following: According a. TVShack.net to the site's "About was a "linking" website. USII page:

TV Shack™ was launched December 2007 to make it easier for people to find links to videos on video sharing sites. As it has grown and evolved we have experimented with various different interfaces in order to make the site as user friendly as possible, so that even "Joe the plumber" could use it! As a result of this TV Shack has left all competing sites in its wake. In November 2008 TV Shack™ \\Version 3/1 was launched with an array of new features such as user profiles, subscriptions, friends, personal avatars and many other features. Version 3 was a total rebuild of the site from the drawing board bringing a new level of QQtimization and speed to our users. (Emphasis in original.) b. TVShack.net's homepage -- the first page a user sees when accessing the site -- contained an updated list of the top Seven most popular movie and television show downloads,
6

as well as the number of times that TVShack.net's users have viewed each movie or TV show. (A copy of TVShack.net's homepage as it appeared on June 29, 2010 is attached as Exhibit A.) For example, on June 15, 2010, at or around 1:37 p.m., the "Most Popular Movies Today" were: Sex and the City 2 (2010) The A-Team (2010) Get Him to the Greek (2010) Splice (2009) Killers (2010) Prince of Persia: The Sands of Time Iron Man 2 (2010) 37,523 views 29,195 views 18,175 views 13,065 views 11,179 views 8,515 views 7,707 views

(2010)

c. Based on my review of public movie listings, as well as conversations with representatives of the MPAA and other movie studios, I know that as of June 15, 2010, all of the movies listed in the preceding paragraph were playing in theaters, all were copyrighted, and that the copyright holders did not authorize their third party distribution over the Internet by TVShack.net or any other website. d. TVShack.net also included alphabetized lists of movie links available on that site. Based on my review of these lists, it appeared that the TVShack.net site contains links to thousands of movies and television shows. The website also had a built-in search feature that allowed users to locate specific content. e. When a user clicked on a movie or television show title on the TVShack.net website, the user was directed to a cyberlocker from which the movie or television show could be downloaded or streamed. Often the TVShack.net website provided links to more than one cyberlocker. Based on my participation in the investigation, I believe this was to increase the chances that a user could reliably download or stream the infringing content that they have selected. f. TVShack.com encouraged its users to add links to infringing content. A step-by-step guide called "How to Add a Link to TV Shack" was included in a portion of the site called "Site Help RUles." According to the guide: The first thing you need to decide is what you want to add to TV Shack, Have you come across a TV show, a movie or some documentaries maybe? Whichever it is you need to be certain that the URL {"Uniform
'7

Resource Locator," i.e., a link] you are going to add to TV Shack is the URL to the source site that the video is on. By source site we mean the site that hosts the video file [i.e., the cyberlocker]. (Emphasis in original.) After providing examples of links that were accepted by TVShackr the guide went on to instruct users that linked videos "mus t; be in English or have English subtitles/dubbed" and include the correct title. Further, "only full movies and full TV episodes are accepted. DO NOT SUBMIT TRAILERS OR PROMOS, ONLY THE FULL REAL VIDEO!" g. In a portion of the TVShack.net website called "Site News and Announcements," postings dated April 19, 2010, May 4, 2010, and May 7, 2010, announced that TVShack.net supported links from DivxDen.com, NovaMov.com, and VideoWeed.com, respectively. I know from my communications with MPAA representatives and participation in the investigation that the foregoing websites were and are popular cyberlockers. h. The "F'AQ" or \\Frequently Asked Questions" portion of the TVShack.net website contained an admonishment to users who complained about delays downloading or streaming content from a popular cyberlocker linked to by TVShack.net. Specifically, TVShack.net reminded its users about the amount of money that they were saving by stealing, rather than paying for, the infringing content that they were viewing via the TVShack.net website: [P]lease keep in mind that you're watching videos for free as opposed to spending over 20 dollars at the [movie] theater or purchasing a show. This should help you put things in perspective (keep in mind that prices change but this is a normal typical price). The following prices are in US dollars! Prices for 1 adult to go to the movie theater: Typical Typical $10 US movie theater ticket: $10 US nacho-coke or popcorn-coke

combo:

8

Typical us parking at the mall): $5

(if it's in garage

such as $25

Total for 1 adult to go to the movies: Prices for]. season of a popular show:

Scrubs - The Complete First Season (2001) bought at Walmart (link) (it's the cheapest place from what I have seen and heard) : Discounted: $34.86 List Price: $49.99 So, as you see, you're saving quite a lot of money (especially when putting several visits to the theater or seasons together) by having to wait a little bit of time [for downloads or streams of infringing content] . (Emphasis in original.) Advertisements appeared on various portions of the TVShack.net website, including on pages that open when a link to a movie or television show was clicked and as pop-up and banner advertisements when a movie or television show was downloaded or streamed. I also know from my participation in the investigation that companies which place advertisements on a website typically pay a fee to the website'S owner based on, among other things, the number of website users who view the ad, as well as the number of times users click on the ad. Both of these figures depend on, among other things, the website'S popularity and its overall number of users.
:L.

According to Alexa.com, as of on or about June 28, 2010, TVShack.net was the l,779th most popular website in the world, and the l,419th most popular website in the United states.s According to Compete. com, the number of unique visitors

j.

Alexa.com is a "web traffic metric service," meaning that it performs a function similar to the traditional Nielsen television ratings service. Among other things, Alexa.com measures the amount of visitors to a particular website relative to other websites on the Internet, provides an overall ranking of the website'S popularity, and collects other information relating to the website, including the number of other websites that link to it.
5

9

to TVShack.net has increased from approximately 247,000 per month in or about September 2009 to approximately 486,000 in or about May 2010.6 Based on my review of public records, I know that the TVShack.net website was hosted on a computer assigned the IP address 84.22.98.3, which was located at an Internet Service ProvideI' in the Netherlands. DOWNLOADS OF INFRINGING CONTENT VIA TVSHACK.NET

k.

11. I have spoken with other HSI agents who have used the TVShack.net website to link to cyberlockers and stream and/or download illegal copies of movies from their office in Manhattan, New York. According to the agents, on or about the dates listed in the chart below, they clicked on links for the below-listed movies (all released in 2010) on the TVShack.net website, selected links to stream and/or download the movies from the below-listed cyberlocker sites, and streamed and/or downloaded copies of the selected movies from the relevant cyberlockers in a manner that indicated that the entire movie had been uploaded and made available to users.? Where indicated in the chart below, the agents also used a program called \\CommView" to determine the IP address of the computer server from which the movie was actually streamed and/or downloaded.B

6

consumer visitors
7

Compete.com is a web page analytics service that tracks behavior on the Internet, including the number of unique to a particular website from month to month.

The agents either streamed and/or downloaded the entire movie, or they streamed/downloaded portions of the movie at the beginning, middle, and end to ascertain whether the uploaded content was the complete theatrical production, a preview, or a clip from the movie or television show.
8 CommView is a computer program that, among other things, monitors and analyses network traffic, including Internet traffic to and from a particular computer. CommView is able to display the IP addresses of other computers with which the user's computer is communicating, as well as the rate of traffic to and from each IP address. Using CommView it is possible to distinguish the IP address of the computer streaming and/or downloading video files to the user's computer because the files and rate of traffic for video streams/downloads is so large in comparison with other connections.

10

IP Adclre~s:()f:
. :-"

,

-

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216.155 .135.53 173.193.6.2171

N/A N/A

94.75.219.233 12. Based on my review of public movie listings, as well as conversations with representatives of the MPAA and other movie studios, I know that as of June 24, 2010, all of the aforementioned movies were playing in theaters, all were copyrighted, and that the copyright holders did not authorize their third party distribution over the Internet by TVShack.net or any other website. SEIZURE OF TVSHACK.NET BY LAW ENFORCEMENT

13. On or about June 29, 2010, pursuant to a seizure warrant issued by the Honorable Ronald L. Ellis, United States Magistrate Judge for the Southern District of New York, see 10 Mag. 1421, law enforcement authorities seized TVShack.net for operating in violation of U.S. law, including Title 18, United States Code, Sections 2319 and 2319B. As discussed below, within one day, RICHARD J. O'DWYER, the defendant, registered a new linking website named TVShack.cc. THE TVSHACK.CC WEBSITE

14. I searched a public database that registers domain names and learned that the TVShack.cc website was registered on or about June 30, 2010. I have learned from another agent who visited the TVShack.cc website on or about June 30, 2010, that the TVShack.cc homepage contained the following message: We are working to get everything back up! Please tell your friends; TVSHACK.CC TV Shack's new home is http://tvshack.cc. Please update your bookmarks.

11

Also posted on the homepage was the photograph of a rap music group and the title of one of their songs, "F*ck the Police." 15. I have reviewed the TVShack.cc website and its contents to the contents from TVShack.net, described in paragraphs lO(a) to (j) above. The contents of the two websites are virtually identical, except that the list of "Most Popular Movies Today" and the information in "Site News and Announcements" (described in paragraphs 10(b) and (f) above) appear to be continually updated. For example, the TVShack.cc website's homepage (a copy of which is attached hereto as Exhibit B) identified the "Most popular Movies Today," as of October 28, 2010, at approximately 3:54 p.m., to be the following: compared Pirates of the Caribbean: The Curse of the Black Pearl Paranormal Activity 2 (2010) Jackass 3D (2010) The social Network (2010) The Gambler, the Girl and the Gunslinger (2009) Red (2010) Vampires Suck (2010) (2003) 17,617 11,398 9,281 9,208 views views views views

8,358 views 5,388 views 3,831 views

Based on my participation in this investigation, including communications with MPAA representatives, I know that if streamed from a licensed distributor, each viewing would be approximately $3.00. 16. According to Alexa.com, on or about October 28, 2010, TVShack.cc was the 3,900th most popular website in the United States, and the 3,400th most popular website in the world. According to Compete. com, the number of unique visitors to TVShack.cc had increased from approximately 10,290 per month in or about the end of June 2010, to approximately 185,400 in or about September 2010.
DOWNLOADS Oli' INFRINGING CONTENT VIA TV SHACK • CC

17. I have spoken with other HSI agents who have used the TVShack.cc website to link to cyberlockers and stream and/or download illegal copies of movies from their office in Manhattan, New York. According to the agents, on or about the dates listed in the chart below, they clicked on links for the below-listed movies (all released in 2010) on the TVShack.cc website and followed the procedure described in paragraph 11 above to identify the associated cyberlocker websites and IP addresses:

12

Date

Hovie

G~»)I;J.:J,gg}sft},..._. wehs.i.te N9tY9-.I:1?tY,,99m y';i,.J;I,~,W0"~~P.".9,9))l YMJ..~8W~~>J)'"qP))) and Day and Day Y;i,5J,~,0W~~>J,,£9))} Y;i,.J;I,~RW~h4,,;;:,9)Jl N.9.YI}Mmt"P9)}} N,9,'l9M0y".r,;m~~ the Greek >!;i,9,~,W0"~.I';,...,p..9»} p
YAf),~,~~~4,...,p.p)))

IP Address of ~Y»'.~~~~»w~Server Down-loadi.ll.g and/or Streaming Hov:ie 85 . 17 . 77 . 97 85.17.79.1 8 5 . 17 . 81. 105 7 4 . 125 . 10 6. 61 85.17.83.113 85 . 17 . 77 . 101 8 5 . 17 .7 7 . 101 8 5 . 17 . 81. 105 8 5 . 17 . 81. 105 85 . 17 . 81. 105

8/2/ 10
8/2/10 8/2/10 8/2/10 8/2/10 8/2/10 8/2/10 8/3/10 8/3/10 8/3/10 8/3/10 8/3/10 8/3/10 8/3/10 8/3/10 8/3/10 10/15/10 10/18/10 10/18/10 10/18/10 10/18/10 10/19/10 10/19/10 10/19/10

Jonah Hex
Inception Splice Knight Knight Predators Cyrus Get Him to Salt Dinner for ~.r,;J.J}W:f9);.:;;!. Kid

Y;i,9,):,qWh~>J,...,,c;:H}]

The 1<1'1. r ate

Vip.c.ow.eed,.G.om 85 . 17 . 7 9. 103 R9.Yi;lMQY,,99Jn ~;i.9,):/0W~~rJ'IH,9)} N"9,'lI}M9.)·~",r:;9))~ X';i.9,~,9,Wh~>J)'I.P,9))) N9}r./~M0Y/J;:HI~ Y;i.9gqWh~>JfiP.P))) N/A N9X~t1?tYh5(9)~~ N/A N/A 94.75.250.65 85.17 .78.228 94.75.219.233 85.17.77.105 94.75.236.97 85.17.79.1 94 . 75 . 236 . 105 85.17.77.101 174.140.156.70 85 . 17 . 78 . 231 85 . 17 . 77 . 97 85.17.77.109

The Sorcerer's Apprentice Toy Story The :Last 3

~;i,.~»/~m~;;.

Grown Ups Iron Man 2

Legends of the Guardians Takers The Town Jackass Case 39 Devil Machete
-

3D

N"9x.?MQ.Y,,51HIH N/A

Resident Evil (Af tie rli f e) (Money Nev~r Sleeps)

N/A
N9Y.i;lMqY,,519m

~~/~J/~/,~,~,9/~.e/~
85 . 17 . 77 . 97

h9/,J,~jJ,Q, Wall Street
10/19/10 My ~:oul to

-

Take

N"9}f..?MQ.>':>/F~m

94.75.236.81

13

18. that:

I have also learned from MPAA representatives

a. all of the movies streamed from TVShack.cc, listed in the chart above, were copyrighted by MPAA members as of

the dates shown in the charti
b. On or about October 29, 2010, and November 1, 2010, MPAA representatives selected a sample of 50 television episodes and 50 movies for which TVShack.cc provided links and confirmed that they were all copyrighted by MPAA members; and c. MPAA members had never authorized the distribution of any of their film or television properties, including the ones described in subparagraphs (a) and (b) above, through the TVShack websites or RICHARD J. O'DWYER, the defendant. IDENTIFICATION OF RICHARD J. O'DWYER

20. I have spoken with an individual ("CC-1"}9 who was personally involved in the operation of the TVShack.net website. CC-1 stated, in substance and in part, the following: a. The owner of the TVShack websites is \\Richard O'Dwyer," who has communicated with CC-1 from an email address as well as an MSN Messenger (an instant messaging service) account with the name rjodwyer@hotmail.com. I have seen one of those emails and saw that it was "Fr'om" a subscriber identified as "Ri.cha rd <rjodwyer@hotmail. com>" . In another email from the same email address, dated on or about December 19, 2007, rjodwyer@hotmail .com wrote among other things: \'Welcome to tvshack forums. Please keep this email for your records." This was followed by confirmation of CC-1's username and password for the TVShack forums.
I

attended

b. O'Dwyer told CC-l that O'Dwyer school in the United Kingdom.

lived and

c. O'Dwyer uses the alias "Duffman" on the TVShack forums. In a message to CC-1 on the TVShack.cc forum, O'Dwyer had posted a photograph of a Mini Cooper with the

CC-l and CC-2 (discussed below) have both provided information to law enforcement authorities in hopes of entering into non-prosecution agreements with the Government. Much of the information they have provided has been independently corroborated. 14

message. -ride is good!" I have communicated with an officer with the City of London Police, who confirmed that RICHARD J. O'DWYER, the defendant, is the registrant of a Mini Cooper with license plate number RK52 UJO. 21. I have spoken with another individual ("CC-2") who was also personally involved in the operation of the TVShack websites. CC-2 stated, in substance and in part, that. the owner of the TVShack websites was an individual named "Richard O'Dwyer,1I who uses the email addresses -uploadcrap@googlemail.com ..and rjodwyer@hotmail.com. I have reviewed emails from uploadcrap@googlemail.com that CC-2 has received and saw that some of those emails identified the user of uploadcrap@googlemail.com as follows: Richard O'Dwyer <uploadcrap@googlemail.com>

22. I have searched a public database for domain name registration and learned that the domain name uploadcrap.com was registered in or about June 2006, and its administrative contact is \\ODwyer, Richard," who is associated with the account halomaster88@gmail.com and an address in Great Britain. I have also reviewed subscriber information provided by Google Inc. ("Google") for the account halomaster88@gmail.com and learned that the account is subscribed to by "Richard Odwyer," who, during in or about May to June 2010, had logged onto that account from two IP addresses in Great Britain, and is also associated with several other Google accounts, including uploadcrap@gmail.com. 23. I have also reviewed an email dated September 11, 2010, from uploadcrap@gmail.com to CC-2, which stated: "hi, im looking to change the site email address from gmail as i think govt. carr access that right? can you setup like info@tvshack.cc ? and also make it so i can reply without my ip going with the mail i reply to? atm i dont reply to any emails on the gmail account due to that". 24. According to CC-2, "Richard O'Dwyer" has paid CC-2 for technical services rendered to the TVShack websites from PayPal account halomaster88@gmail. On or about August 31, 2010, CC-2 informed me that he had received an email from "Rf.cha r'd O'Dwyer" regarding a PayPal payment. I have reviewed a copy of the email that was sent from the uploadcrap@gmail.com email account. In that email, O'DWYER wrote, 'timgoing to have to pay u with paypal as the bank is still messing me around. should be in 1-3 days ill let you know when./I Acting at my instructions, CC-2 requested that O'Dwyer proceed with the pa~nent. On or about September 3, 2010, CC-2 received an email confirmation from 15

halomaster88@gmail.com $1,700.00 USD."

which stated:

"Richard O'Dwyer

sent you

25. I have reviewed PayPal records relating to the halomaster88@gmail.com account and learned the following: a. The account is registered to "Richard O'Dwyer" and the account holder is also associated with the accounts rjodwyer@stansdad.com, donate@tvshack.net and tvshack@gmail.com; b. As of January 29, 2010, the addresses for the account holder includes, among others, "[number] New Station Road, Bolsover, Derbyshire S44 6JB, united Kingdom." This address was also listed for Richard O'Dwyer on a welcome page that appeared when I logged in to a control panel for a server associated with TVShack.cci c. On or about September 3, 2010, a payment of $1,700 was sent to an account used by CC-2; d. From in or about January 30, 2008, to in or about June 9, 2010, O'Dwyer received approximately $223,000 from AdOn Network Inc., and approximately $13,600 from Clicksor Inc. The websites for these entities, adonnetwork.com and clicksor.com, show that they provide clients with targeted Internet advertising. Accordingly, I believe that the payments to O'Dwyer from these two entities were for advertisements displayed on the TVShack websites. 26. I have visited the Facebook page for RICHARD J. O'DWYER, the defendant. Under "Con t.aot; Info," O'DWYER's email address is listed as \Irj dwyer@hotmail. com," and his Skype (an o instant messaging service provided by America Online Inc.) address is listed as \'Richard ODwyer88. That Facebook page also listed 1988 as O'DWYER's year of birth and Games Software Development and Interactive Media with Animation as his fields of study at Sheffield Hallam University in Great Britain. In addition, the Facebook page contained links to photographs of O'DWYER.
1/

27. I believe that RICHARD J. O'DWYER, the defendant, who is depicted on Facebook is the "Richard O'Dwyer" known to CC1 and CC-2 as the owner of the TVShack websites, for several reasons: a. CC-1 and CC-2 have both stated that O'Dwyer uses the email addressrjodwyer@hotmail.com. O'DWYER's Facebook page lists the same email address; 16

b. O'Dwyer has sent payment to CC-2 using the PayPal account halomaster88@gmail.com, with a confirmation message that "Richard O'Dwyer sent you $1,700.00 USD,II and the year of birth listed for O'DWYER on Facebook is 1988i c. One of the addresses on file with PayPal for O'Dwyer, as of February 18, 2010, is "Flat [number), Exchange Works, [number] Arundel Street, Sheffield, South Yorkshire S14 RE, United Kingdom. O'DWYEWs Facebook page states that his hometown is "Sheffield, United Kingdom,l/ and that he is or was a student at Sheffield Hallam university in Great Britain.
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d. O'DWYER's areas of study at Sheffield Hallam University - games software development and interactive media are consistent with a website owner; and e. O'Dwyer has posted a photograph of a Mini Cooper with the message "ride is good! on the TvShack forum, suggesting that he owns such a vehicle, and the City of London Police has confirmed that O'DWYER has a Mini Cooper registered to him.
/I

O'DWYER, arrested

WHEREFORE, deponent prays that a warrant for RICHARD J. a/k/a "Duffman,1I the defendant, be issued and that he be and imprisoned or bailed as the case may be.

MAR/CELLO DI LAURA Sp~·c:i.al Agent Department of Homeland security Immigration and Customs Enforcement before me this day of November,

2010

~'7_! _1jJlr'
JAMES L. CO~ STATES MAGISTRATE JUDGE 17

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