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RICHARD J. O'DWYER, Defendant.
AFFIDAVIT IN SUPPORT OF REQUEST FOR EXTRADITION OF RICHARD J. O'DWYER
I, John M. Reh, being duly sworn, state that: I. York. 2. I graduated from I am a citizen of the United States of America and a resident of the State of New
University School of Law in 2001. From January
2002 to March 2006, I served in the United States Marine Corps as a Judge Advocate working at different times as a prosecutor and criminal defense attorney. Since August of 2010, I have worked for the United States Department of Justice as a Special Assistant United States Attorney in the United States Attorney's Office for the Southern District of New York. My duties are to prosecute persons charged with criminal violations of the laws of the United States. During my practice as a Judge Advocate and Special Assistant United States Attorney, I have become knowledgeable about the criminal laws and procedures of the United States. 3. In the course of my duties, I have become familiar with the charges and evidence
in the case of United States v. Richard J. O'Dwyer, Criminal Case No. 10 Mag. 2471, which is currently assigned to the Honorable James L. Cott, United States Magistrate Judge. 4. This prosecution arose out of an investigation conducted by the United States
Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations ("HSI"). The investigation revealed that the defendant, Richard 1. O'Dwyer ("O'Dwyer"), also known as "Duffman," and others known and unknown, knowingly conspired to operate websites that offer to the public throughout the world, including the United States, free of charge and without authorization from copyright holders, links to third-party websites that
movies and television programs.
hosted online advertisements. SUMMARY 5. Many websites involved OF THE FACTS OF THE CASE in the illegal distribution of copyright-protected content websites.
over the Internet may be divided into two classes: "linking" "Linking"
websites and "cyberlocker"
websites generally collect and catalog links to files on third patty websites that contain content, including movies, television programs, and music,
illegal copies of copyrighted
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 an illegal copy of a movie, television or streaming
to their own computer party website. programs
program, or music file from the third
The third party websites on which the illegal copies of movies and television or streaming are sometimes referred to as
are stored for later downloading websites. Cyberlocker
websites enable users to upload infringing content and that allow users to download or stream that content
often feature high-capacity relatively quickly, 6. Beginning
in or about December
a citizen of the United Kingdom
who resides in the United Kingdom, public free downloading programs,
owned and operated a linking website that offered to the of thousands of copyrighted movies and television
without authorization The TVShack.net
from the copyright holders,
The original website was named assigned the Internet
website was hosted on a computer
("IP") address 22.214.171.124, TVShack.net programs
which was located at an Internet Service Provider ('lISP") in links to
third-party websites that hosted thousands of
first-run and other movies and For example, on June 15, 20 I0, at
movies and television television programs
from which copyrighted or streamed. homepage
could be downloaded
1:37 p.m., TVShack.net's
listed seven movies as the "Most Popular or streaming through TVShack.net. throughout
Movies Today," all of which were available for downloading Each of them had been viewed thousands the world, including the United States. or tens of thousands
of times by individuals
As of that date, all seven movies were playing in the 2
all were copyrighted,
and the copyright holders had not authorized or any other website.
the movies for third
party distribution 7.
over the Internet by TVShack.net
When a user clicked on a movie or television
show title on the TVShack.net program could
website, the user was directed to a cyberlocker be downloaded cyberlocker or streamed.
from which the movie or television website provided
Often the TVShack.net
links to more than one or stream the content that website,
to increase the chances that a user could reliably download In a "Site News and Announcements"
they have selected,
section of the TVShack.net armounced
postings dated April 19, 2010, May 4, 20 10, and May 7,2010, supported links from popular cyberlocker websites,
that Tv'Shack.net NovaMov.com, and
Video Weed.corn. 8. TVShack.net also 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." are accepted." 9, The guide instructed users that "only full movies and full TV episodes material. portion of the TVShack.net or
The website did not accept trailers or promotional Further, the "FAQ" or "Frequently an admonishment
website contained streaming
to users who complained
about delays downloading
content from a popular cyberlocker reminded
website linked to TVShack.net.
its users about the amount of money that they were saving by viewing the via the TVShack.net website. In particular, TVShack.net
movies and televison programs reminded its users: "you're
saving quite a lot of money (especially
when putting several visits to content
the theater or seasons together) by having to wait a little bit of time" to access infringing through the website. 10. TVShack.net content Two co-conspirators in the United
States assisted 0 'Dwyer in operating the of website
website in various ways, including technical support and maintenance
One of them was compensated
to provide technical support for the website, knowing links to cyberlocker websites. The other that it offered first-
that it offered first-run movies and at times approving co-conspirator served as one of the moderators
for the website, also knowing
run movies and television shows, by responding to questions from users of the website and approving links to cyberlockers. 11. O'Dwyer did not charge users of TVShack.net to download or stream content.
Instead, he earned money from hosting advertisements on various portions of the TVShack.net website, including on pages that open when a link to a movie or television program was clicked and from pop-up and banner advertisements when a movie or television show was downloaded or streamed, The more popular or frequently visited a website is, the higher the advertising fee it can command. According to Alexa.com, an organization that ranks website popularity based on frequency of visits, as of on or about June 28, 2010, TVShack.net was the 1,779th most popular website in the world, and the 1,419th most popular website in the United States. Since January 2008, O'Dwyer has received over $230,000 in advertising revenue from at least two sources, AdOn Network Inc. in the United States and Clicksor Inc. in Canada, entities that provide clients with targeted Internet advertising. 12. In or about June 29, 2010, pursuant to a seizure warrant issued by United States
Magistrate Judge Ronald Ellis, U,S. authorities seized the domain name TVShack.net for operating in violation of U.S. law, specifically, Title 18, United States Code, Sections 2319 and 2319B. Within one day, O'Dwyer and one of the co-conspirators (mentioned in paragraph 10 above) registered a new domain name, TVShack.cc, and transferred the content of TVShack.net to TVShack.cc, which was hosted on a server located at an ISP either in Germany or the Netherlands. O'Dwyer and the co-conspirator knew that TVShack.net had been seized by law
enforcement authorities in the United States. TVShack,cc continued to offer copyrighted movies and television programs under the new domain name without authorization from the copyright holders. Indeed, on the homepage of the TVShack.cc website was a message stating: We are working to set everything back up! Please tell your fnends: TVSHACK.CC TV Shack's new home is http.z/tvshack.cc. Please update your bookmarks. Also posted on the homepage of this new website was the photograph of a rap music group and the title of one of their songs, "F*ck the Police."
The content ofTVShack.cc was virtually identical to that ofTVShack.net,
that certain information was updated, such as the list of most popular movies and television programs on any particular date. Like TVShack.net, TVShack.cc offered links to thousands of movies and television programs to the public throughout the world, including the United States. A random check of 50 television episodes and 50 movies on the new website confirmed that O'Dwyer, 'Tv Shack.net and TVShack.cc did not own the copyrights to any of these television programs or movies. Moreover, the copyright holders had never authorized O'Dwyer, TVShack.net or TVShack.cc to distribute any of their movies or television programs. 14. 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 3,4001h most popular website in the world. Moreover, according to Compete.corn," 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 185,400 in or about September 2010. IDENTIFICATION OF DEFENDANT 15. O'Dwyer's identity was initially established through account information from
various ISPs for the e-mail and instant messaging accounts that O'Dwyer used to communicate with other individuals involved in the operation of the TVShack websites. O'Dwyer's identity was further established through account information from PayPal, an electronic payment service, used by O'Dwyer to receive payment from Internet advertisers, including AdOn Network, and to pay for services rendered by others to the TVShack websites, As detailed in the complaint, the information revealed by those account records matched information posted on O'Dwyer's Facebook pages. 16. On or about November 29, 2010, the City of London Police conducted a search of
O'Dwyer's residence, seized two computers, and interviewed O'Dwyer. During the interview, O'Dwyer said, in substance and in part, that he was the owner of the TVShack.net and
Comnete.com .IS. a we b page ~na I' . -II ompe 7.com ] yncs set:vlce that tracks consumer behavior on the Internet, including the number of unique VIsitors to a particular website from month to month.
TVShack.cc websites and earned approximately 15,000 pounds per month from online advertisements hosted on those sites. He also said that TVShack.cc was not receiving as much web traffic as TVShack.net, but was slowly rebuilding its popularity. PROCEDURAL HISTORY OF THE CASE 17. Under the federal law of the United States, a criminal prosecution may be
commenced by the filing of a criminal complaint in a United States District Court, A complaint is a formal written statement of essential facts constituting an offense charged and is made under oath before a United States Magistrate Judge. A criminal complaint must establish that probable cause exists to believe that an offense has been committed and the defendant named in the complaint committed it. If satisfied that the complaint sets forth a sufficient factual basis to establish probable cause, the United States Magistrate Judge orders the issuance of a warrant for the arrest of the defendant named in the complaint. 18. On November 5, 2010, HSI Agent Marcello Di Laura filed a criminal complaint}
docket number 10 Mag. 2471 (the "complaint"), before the Honorable James L. Cott, United States Magistrate Judge for the Southern District of New York, formally charging O'Dwyer with criminal offenses against the laws of the United States. It is the practice of the United States District Court for the Southern District of New York to retain the original complaint and file it with the records of the court. Therefore, I have obtained a copy of the complaint from the Clerk of Court, certified as true and accurate, and have attached it to this affidavit as Exhibit A. 19. On the same day, based on the complaint, the Honorable James L. Cott, United
States Magistrate Judge for the Southern District of New York signed an arrest warrant for O'Dwyer. Pursuant to Rule 4 of the Federal Rules of Criminal Procedure, a magistrate judge is an authority competent to sign arrest warrants and deliver them for execution to law enforcement authorities competent to make arrests. A copy of Rule 4 is attached to this affidavit as Exhibit C. It is the practice of the United States District COUli for the Southern District of New York to retain the original arrest warrant and file it with the records of the court. Therefore, I have obtained a copy of the arrest warrant, certified as true and accurate, from the Clerk of Court and have attached it to this affidavit as Exhibit B. 6
The complaint charges that O'Dwyer committed the following offenses: Count One: Conspiracy to commit copyright infringement, in violation of Title 18, United States Code, Section 371, punishable by a maximum term of imprisonment of 5 years. Criminal infringement of a copyright, in violation of Title 17, United States Code, Sections S06(a)(I)(A), (a)(1)(B), and (a)(I)(C), and Title 18, United States Code, Sections 2319(b)(1), (c)(l), and (d)(2), and 2, punishable by a maximum term of imprisonment of 5 years.
The United States requests the extradition of O'Dwyer for both of these offenses.
Each count charges a separate offense. Each offense is punishable under a statute that (1) was the duly enacted law of the United States at the time the offense was committed, (2) was the duly enacted law of the United States at the time the complaint was filed, and (3) is currently in effect. Each offense is a felony offense and is punishable under United States law by more than one year of imprisonment. I have attached a copy of the relevant statutes and the applicable penalty
provisions to this affidavit as Exhibit C. Count One 22. Count One charges O'Dwyer with conspiracy to commit a substantive offense
against the United States, specifically, to infringe a copyright, in violation of Title 18, United States Code, Section :I71. 23. Under United States law, a conspiracy is an agreement to commit one or more
criminal offenses. The agreement on which the conspiracy is based need not be expressed in writing or in words, but may be simply a tacit understanding by two or more persons to do something illegal. Conspirators enter into a partnership for a criminal purpose in which each member
participant becomes a partner or agent of every other member. A person may become
a member of a conspiracy without full knowledge of all of the details of the unlawful scheme or the identities of all the other members of the conspiracy. If a person has an understanding of the unlawful nature of a plan and knowingly and willfully agrees to it, joining in the plan, he is guilty of conspiracy even though he did not participate before and may play only a minor part. A conspirator can be held criminally responsible for all reasonably foreseeable actions undertaken by other conspirators in furtherance of the criminal partnership. Moreover, because of this 7
partnership, statements made by a conspirator in the course of and while he is a member of the criminal conspiracy are admissible in evidence not only against that conspirator, but also against all other members of the conspiracy. This is so because, as stated earlier, a conspirator acts as an agent or representative of the other conspirators when he is acting in furtherance of their illegal scheme. Therefore, statements of conspirators made in furtherance of the conspiracy may be deemed to be the statements of all conspirators. 24. The crime of conspiracy is an independent offense, separate and distinct from the
commission of any specific "substanti ve crimes." Consequently, a conspirator can be found guilty of the crime of conspiracy to commit an offense even where the substanti ve crime that was the purpose of the conspiracy is not committed. The Congress of the United States has deemed it appropriate to make conspiracy, standing alone, a separate crime, even if the conspiracy is not successful, because collective criminal planning poses a greater threat to the public safety and welfare than individual conduct and increases the likelihood of success of a particular criminal venture. 25. To satisfy its burden of proof and convict O'Dwyer on this charge, the
govenunent, at trial, must establish beyond a reasonable doubt the following essential elements: (l) that two
more people entered into an agreement to commit the underlying offense (i.e.,
infringe a copyright); and (2) that O'Dwyer knowingly became a member of the conspiracy to commit the underlying offense; and (3) that one or more of the members did an act to effect the object of the conspiracy. Count Two 26. Count Two charges O'Dwyer with criminal infringement of a copyright, in
violation of Title 17, United States Code, Sections 506(a)(l)(A), (a)(1)(8), and (a)(l)(C), and Title 18, United States Code, Sections 2319(b)(l), (c)(l), and (d)(2), and 2. Title 18, United States Code, Section 2, provides that a person who aids and abets the commission of a crime - in this instance the infringement of a copyright - is as guilty as the person who actually performs the criminal act. To satisfy its burden of proof and convict O'Dwyer on these charges, the government, at trial, must establish beyond a reasonable doubt each of the following essential 8
of a copyright;
(2) done will fully and knowingly;
and (3) for the and
and private financial gain, or by the reproduction
including by electronic
means, during a 180-day period, of ten (10) or more copies
of one or more copyrighted distribution computer commercial 27. mistakenly
works, which have a total retail value of more than $2,500, or by the distribution, by making it available on a
of a work being prepared for commercial network accessible distribution. "Knowingly" or inadvertently.
to members of the public, knowing that the work was intended for
in this setting means to act voluntarily "Willfully" means to act knowingly
and deliberately, and purposely,
with an intent to
the law forbids, that it is to say, with a bad purpose either to disobey or disregard gain" includes receipt, or expectation works. of receipt, of anything of value, means the reproduction of a
the law. "Financial including copyrighted
the receipt of other copyrighted work in copies. "Distribution"
means the distribution
of copies of the copyrighted "Copies"
work to the public by sale or other transfer of ownership, are material objects, other than phonorecords, known
or by rental, lease, or lending.
in which a work is fixed by any method now reproduced,
and from which the work can be perceived,
either directly or with the aid of a machine or device. distribution"
The term "work being
prepared for commercial audiovisual reasonable
means, among other things, (a) a motion picture or other distribution, the copyright owner has a
work if, at the time of unauthorized expectation of commercial distribution
and the copies of the work have not been distribution, the
or (b) a motion picture, if, at the time of unauthorized for viewing in a motion picture exhibition
motion picture has been made available has not been made available
in copies for sale to the general public in the United States in a facility. of the TVShack
format intended to permit viewing outside a motion picture exhibition 28. websites The government's
evidence will include: (l) video recordings from those websites; (2) testimony
and movies streamed
by one or more individuals
who assisted O'Dwyer O'Dwyer;
in the operation of the TVShack over $230,000 9
websites regarding their dealings with in payments to O'Dwyer for online
(3) financial records detailing
advertising on the TVShack websites and payments made by O'Dwyer to others to operate and maintain the TVShack wcbsites; (4) electronic communications between O'Dwyer and others regarding the operation of the TVShack websites; and (5) testimony and documentary evidence regarding the copyright status of the movies and television programs offered through the TVShack websites. This evidence will establish that at all times relevant to the charges in the complaint, the TVShack websites distributed to the public thousands of movies and television programs that were copyrighted by entities other than TVShack.net, TVShack.cc, or O'Dwyer, and that the copyright holders had not licensed or otherwise authorized TVShack.net, TVShack.cc, or O'Dwyer to distribute the copyrighted properties to the public. 29. O'Dwyer's requisite intent to infringe a copyright will be shown by the following
evidence, among other proof: (1) some of the movies available for downloading and/or streaming through TVShack.net and TVShack.cc were still in theatrical release (i.e., playing in theaters)
in some cases not even in theatrical release, at the time they were distributed through
the TVShack websites; (2) the websites contained an admonishment to visitors to be tolerant of occasionally slow download times because the visitors were receiving free movies and television programs; (3) O'Dwyer registered the TVShack.cc domain name one day after the TVShack.net domain name was seized in June 2010 by law enforcement, and made virtually the same content available on TVShack.cc as was available through TVShack.net; and (4) the homepage of TVShack.cc displayed the title of the rap song "F*ck the Police." DESCRIPTION OF THE DEFENDANT 30. O'Dwyer is a citizen of the United Kingdom who was born on May 5, 1988. He
is described as a male Caucasian, with a height of approximately 6 feet, 4 inches, a weight of approximately 240 pounds, hazel eyes and brown hair. O'Dwyer's last known residential address is 82 New Station Road, Bolsover, Chesterfield, S44 6J8, United Kingdom. He attends Sheffield Hallam University, with an address of 38-40 Howard Street, Sheffield, South Yorkshire SI 1WB, United Kingdom. O'Dwyer's area of study at Sheffield Hallam University is games software development and interactive media.
I have attached to this Affidavit, as Exhibit D, a photograph of O'Dwyer that was
posted on his Facebook page within the past year. The HSI agents have confirmed that the photograph depicted on O'Dwyer's Facebook page is the same person that they know to be O'Dwyer. CONCLUSION 32. I have attached the following documents in support of this request for the
extradition of Richard J. O'Dwyer: a. b. c. Exhibit A is a certified copy of the Complaint. Exhibit B is a certified copy of the arrest warrant. Exhibit C is a copy of the pertinent sections of the following statutes, including penalties:
Title 18, United States Code, Section 2 (Aiding & Abetting); Title J 8, United States Code, Section 371 (Conspiracy); Title 18, United States Code, Section 2319 (Criminal Infringement of a Copyright); and
Title 17, United States Code, Sections 506(a)(1)(A), (a)(l)(B), and (a)(1 )(C) (Criminal Infringement)
Rule 4, Federal Rules of Criminal Procedure.
Exhibit 0 is a photograph of O'Dwyer.
I have thoroughly reviewed the government's evidence against Richard J.
01 Dwyer and attest that this evidence is sufficient to establish that O'Dwyer is guilty of the offenses charged in the Complaint. Executed this _;) America.
day of February 2011, at New York, New York, United States of
ecial Assistant United States Attorney Signed and sworn to before me this York, United States of America.
day of February 2011, at New York, New
~It:-BebINQER ..... United States Magistrate Judge
HENRY PITMAN UNITED STATESr~~· . SOUTHERN[JlSTRf~AJ1~~r:~~~~DGE
Approved: Assistant Before: LAI/DAVID MILLER United States Attorneys
Southern District of New York
1 0 MAG24 '7 1
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
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,1I Defendant. ----------------SOUTHERN DISTRICT OF NEW YORK: x
MARCELLO DI LAURA, being duly sworn, that he is a Special Agent with the Department Security, Immigration and Customs Enforcement, 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 a~ ~ elsewhere, RICHARD J. 01 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 1 Section 2319 (b) (1), (c) (1), and (d) (2) . 2. It was a part and an object of the conspiracy that RICHARD J. O'DWYER, a/k/a "Duffman," the defendant, and others known and unknown, would and did infringe copyrights for the
CR 12 (Rey. 5103)
WARRANT FOR ARREST
~nitdr ~hrle}l ~i5tricl QIourt
UNITED STATES OF AMERICA v.
SOUTHERN DISTRICT OF NEW YORK
DOCKET NO. MAGrSTAA'fe'S CASIINO.
RICHARD J. O'DWYER
WARRANT ISSUED ON THB BASIS OF:
10 ·MAr. 9& t-}' 1
o Order of Court
OFFfCER DISTRICT OF ARREST
Richard J. O'Dwyer
TO: UNITED STATI1'l MARSHAL OR ANY OTHER AUTHORlZEn
YOU ARE HEREBY COMMANDED to arrest the above-named person and bring that person before the United States District Court to answer to the charge(s) listed below.
DESCRIPTION OF CHARGES
Conspiracy to infringe a copyright; Criminal infringement of a copyright
IN VIOLATION OF
UNITED STATES CODE TITLE
2319 & 371
OTHER CONDITIONS 01' REUlASE
CLI'.RK OF COURT
RON T A 1\m~
"-' .... I / I
This warrant was received and executed with the arrest of the above-named
DATE RECEIVIID . NAME AND TITLE OF ARRESTING OFFICER
,SIGNATURE OF ARJUlSTINO OFFICER
Note: The arresting officer is directed to serve the attached copy of the charge on the defendant at the time this warrant is executed.
Title 17, United States Code, Section 506, provides, in relevant part:
(a) Criminal infringement.>(1) In general.s-Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed-, (A) for purposes of commercial advantage or private financial gain; (B) by the reproduction 01' distribution, including by electronic means, during any 180-day period, of I or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or (C) 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, if such person knew or should have known that the work was intended for commercial distribution.
Title 18, United States Code, Section 2, provides, in relevant part:
(a) Whoever conunits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.
Title 18, United States Code, Section 371, provides, in relevant part:
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
Criminal infringement in relevant part:
of a copyright:
Title 18, United States Code, Section 2319, provides,
(a) Any person who violates section 506(a) (relating to criminal offenses) oftitle 17 shall be punished as provided in subsections (b), (c), and (d) and such penalties shall be in addition to any other provisions of title 17 or any other law. (b) Any person who commits an offense under section 506(a)(l)(A) of title 17--
(1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;
(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case. (c) Any person who commits an offense under section 506(a)(1)(B) of title 17-(1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of I or more copyrighted works, which have a total retail value of $2,500 or more; (d) Any person who commits an offense under section 506(a)(1)(C) of title 17-(1) shall be imprisoned not more than 3 years, fined under this title, or both; (2) shall be imprisoned not more than 5 years, fined under this title, or both, if the offense was committed for purposes of commercial advantage or private fmancial gain[.]
Federal Rule of Criminal Procedure 4: Arrest Warrant or Summons on a Complaint,
provides, in relevant part: (a) Issuance. If the complaint ... establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an an-est warrant to an officer authorized to execute it. .
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