ALB:BTK, F. #2016R00161 UNITED STATES DOSIOCK COURT p EASTERN DISTRICT OF NEW YORK 1¢-9101M UNITED STATES OF AMERICA, COMPLAINT & AFFIDAVIT IN SUPPORT OF SEARCH WARRANTS ~ against « NOEL BLACKMAN and EVA TORRES, @1USC. § 846) INTHE MATTER OF AN APPLICATION FOR SEARCH WARRANTS FOR: (1) THE PREMISES KNOWN AND DESCRIBED AS THE GROUND FLOOR LOCATED BEHIND THE RIGHT-SIDE ENTRANCE OF 3399 FULTON STREET, BROOKLYN, NEW YORK (SUBJECT PREMISES #1”), (2) THE PREMISES KNOWN AND DESCRIBED AS 87-16 QUEENS. BOULEVARD, ELMHURST, NEW YORK (CSUBIECT PREMISES #2"); and (3) THE PREMISES KNOWN AND DESCRIBED AS 907 HEMPSTEAD ‘TURNPIKE, FRANKLIN SQUARE, NEW ‘YORK (“SUBJECT PREMISES #3”), Semen x EASTERN DISTRICT OF NEW YORK, SS: JOHN J. LATTUCA, being duly sworn, deposes and states that he is a Special Agent with the United States Department of Homeland Security, Homeland Security Investigations, duly appoin:ed according to law and acting as such.(On or about and between June 1, 2015 and February 7, 2016, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants NOEL BLACKMAN and EVA TORRES, together with others, did knowingly and intentionally conspire to distribute and possess with intent to distribute & controlled substance, which offense involved sutstances containing Oxycodone, a Schedule If controlled substance, contrary to Title 21, United States Code, Section 841(@)(1). (Title 21, United States Code, Section 846) In addition, upon information and belief, there is probable cause to believe that there is now concealed with THE PREMISES KNOWN AND DESCRIBED AS: (1) THE GROUND FLOOR LOCATED BEHIND THE RIGHT-SIDE ENTRANCE OF 3399 FULTON STREET, BROOKLYN, NEW YORK (‘SUBJECT PREMISES #1”); (2) 87-16 (QUEENS BOULEVARD, ELMHURST, NEW YORK (“SUBJECT PREMISES #2”); and (3) 907 HEMPSTEAD TURNPIKE, FRANKLIN SQUARE, NEW YORK ("SUBJECT PREMISES #3") (collectively referred to as the “PREMISES”), which are further described in Attachment A to this affidavit and to the search warrants, te things described in Attachment B to this afidavit and tothe search warrants, which constitute evidence, fruits and instrumentalities of conspiray to distribute and possess with intent to distribute a controled suhstanen involving Oxyeevlane in violation of 21 U.S.C. § 846 and hulk ash smmgating in violation of 31 US.C. § 5332,"The source o° your deponent’s information and the grounds for his belief are as follows! 1. Tama Special Agent with the United States Department of Homeland Security, Homeland Security Investigations (“HSI”) and have been since 2006. During my career, Ihave been involved in the investigation of numerous cases involving the illegal possession and distribution of controlled substances, including Oxycodone, and I have participated in the execution of numerous search warrants of premises in connection with drug trafficking investigations. Tam familiar with te facts and circumstances set forth below from ‘my participation in the investigation; my post-Miranda interviews of NOEL BLACKMAN (BLACKMAN?) and EVA TORRES (“TORI "); my review ofthe investigative file; and from reports of other law enforcement officers involved inthe investigation. ‘THE DISTRIBUTION OF CONTROLLI SUBSTANCES 2. The Controlled Substances Act (“CSA”), 21 U.S.C. §§ 801 et seq., and regulations promulgated thereunder classify controlled substances in five schedules. Schedule | drugs, including, for example, heroin and LSD, do not have an acceptable medical use in the United States, Schedule Il through Schedule V drugs have acceptable medical uses. Substances in Schedule Tl, including, for example, Oxycodone (see below), have a high abuse potential, Substances in dole I, including, for example, Vieodin, have an abuse potential less than those in Schedule II, but more than Schedule IV controlled substances, and ‘Because the purpose of this Complaint and Affidavit is to set forth only those facts necessary to establish probable cause to arrest and to search the PREMISES, Ihave not described all the relevant facts and circumstances of which I am aware.so forth, Schedule V drugs consist primarily of preparations containing limited quantities of certain narcotics and stimulant drugs. 3. Pursuant to Title 21, United States Code, Section 829(2), except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in schedule I, which isa prescription drug as determined under the Federal Food, Drug, and Cosmetic Act (2: U.S.C. § 301 et Sea.), may be dispensed without the written preseription ofa practitioner, except in emergency situations. Moreover, pursuant to Title 21, United States Code, Section 829(b), except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in Schedule Ill and IV, which is a prescription drug as deternined under the Federal Food, Drug, and Cosmetic Act 21 U.S.C. § 301 et seq.) may be dispensed without a written or oral prescription in conformity with section 503(b) of that Act 21 U.S.C. § 353(b)). 4. ‘The CSA Scheduling System is supplemented by the individual States according to local needs ani conditions. In New York State, a physician must preseribe Schedule Il drugs via an oficial New York State preseription, Information concerning transactions involving Schedule II drugs is transmitted to state authorities via computer when the drugs are dispensed by a pharmacist. 5. Imaddltion tothe requirements imposed by New York State, physicians ‘must obtain and maintain @registration with the United States Department of Justice's Drug, Enforcement Administration (“DEA”) authorizing them to prescribe all conrolfed substances pursuant to21 CER. § 1306.03.6. Pursuant to21 CFR. §§ 1306.07 and 1306.21(a), narcotic drugs listed in any schedule, as well a contrlled substances listed in Schedules II, 1V or V that are prescription drugs as determined under the Food, Drug & Cosmetics Act, 1 U.S.C. §§ 301, et seq, may be dispensed only i preseribed by an authorized practitioner. Schedule II controlled substances require a written preseription which must be manually signed by the practi an electronic prescription that meets all DEA requirement fr electonic prescriptions for controlled substances 7. Porsuantto21 CER. § 1306.06, a prescription fora controlled substance may only be filled by a pharmacist, acting in the usual couse of his professional practice and cither registered individually or employed in registered pharmacy. An order purporting to be a prescription issued not inthe usual course of professional treatment or in legitimate and authorized research isan imalid prescription within the meaning and intent ofthe CSA 21 US.C. § 829). The person knowingly filling such @ purported prescription, as wel as the person issuing it, shall be subject to the penalties provided for violations ofthe provisions of Jaw relating to controlled substances 8. Pharracies in New York State are required to maintain physical copies of any prescriptions for five years, while Fedral law mandates that prescriptions be kept for at least two years. ‘Typically, pharmacies maintain these hard copies in «separate controlled substance prescription file. Additionally, Schedule Il controlled substance prescriptions are seported electronically to the New York State Bureau of Nareotie Enforcement (“NYS BNE"). 9. Oxyeodone, a Schedule I nareotc drug, i synthetic opioid analgesic ‘medication generally prescribed forthe relief of moderate to severe pain. Oxycodone iscurrently available in ime-slease orl pill formulation, as well as in combination with ther medications. Oxycodone bs serious potential forabuse, Drug abusers eush the potetive time-release coating on thei and, snot ingest o inject it thereby obsining al ofthe rug at one time, Oxycodone used in this fashion produces a herin-like euphoria. Oxycodone isa highly addictive drug. SUMMARY OF PROBABLE CAUSE 10, Presently, the investigation into BLACKMAN and TORRES has «stablished probable cause believe that BLACKMAN, TORRES and others are engaged ina conspiracy to unlawfully dstibute oxycodone in violation of 21 US.C.§ 846. Inadition, the investigation has revealed that BLACKMAN failed to declare more than $30,000 cash, which he sought to conceal in a ag that he checked in connection witha February 7, 2016 fight to Guyna in violation of 1 S.C. § 5332 11, Specialy afer waiving her Miranda rights, TORRES stated in sum and substance that BLACKMAN had written Oxycodone prescriptions for indi vals that he thas never treated in exchange for payments. This statement was consistent wit other ‘evidence developed during the investigation, including, data from NYS Bt owing that in 2015 BLACKMAN wrote 2487 prescriptions for 365,097 30-milligram pills of Oxyeodone, a more han 9% nea inthe amannt of Oxyendone prescriptions that RE.ACKMAN had ‘writen in 2014, In addition, as described below, the investigation has established that on or about December 18, 2015, TORRES travelled from Guyana to Queens with more than forty prescriptions for Oxycodone that were: () written on BLACKMANs prescription pad (i) ‘dated December 9, 2015—the same day that one of BLACKMAN’s offices was closed forbuilding code violations —and (i) signed by BLACKMAN. Furthermore, BLACKMAN’ ‘own post anda statement establishes that he regularly pre-ills prescriptions for Oxycodone before examining his patierts that he sees approximately 100 patents pe day, that he is paid $300 per patient, and that, in violation of DEA regulations, he stores his patient recordin multiple locations that are not registered wth the DEA. al of which based upon my taining and experience in investigations involving the illegal distibuton of prescription drugs is consistent with conspiracy to distribute Oxycodone in violation of 21 US.C. § 846 ‘THE PRESENT INVESTIGATION BLACKMAN's Vast Incresse in Oxycodone Presriptions and his Prescriptions to TORRES 12, Data obtained rom the NYS BNE demonstrates that in 2015, BLACKMAN wrote 2487 prescription for 365,097 30-milligram oxycodone pills, which amounts to approximately sixteen-t 1es more 30-milligram Oxycodone pills than he prescribed 2013 and more than ninety-five-times more 30 milligram-Oxycodone pills than he prescribed in 2014? 13. TheNYS BNE data also show that BLACKMAN wrote four prescriptions for 180 30-milligram Oxycodone pills to TORRES between June and October 2015. ‘The December 0.2015 Clesure of BLACKMANYs Franklin Square Office 14. On December 9, 2015, BLACKMAN’s office at 907 Hempstead ‘Tumpike in Franklin Square, New York (the “Franklin Square Office”) was closed because of 2 In 2013, BLACKMAN wrote sixty-three 30-milligram Oxycodone prescriptions for 21,810 pills. In 2014, he wrote 114 30-milligram Oxycodone prescriptions for 3,810 pills.building code violations. Nonetheless, NYS BNE data show that BLACKMAN wrote more than thirty prescriptions for Oxycodone on the same date that the Franklin Square Office was closed. ‘The December 18, 015 Berder Examination of TORRES 15, On December 10, 2015, one day after his Franklin Square office was ‘closed, BLACKMAN boarded flight to Guyana from John F. Kennedy Intemational Airport in Queens, New York (“IFK"), 16, Six days later, on December 16, 2015, BLACKMAN’ Franklin Square office was closed—TORRES traveled to Guyana by airplane. TORRES retumed from Guyana two days later, on December 18, 2015. When TORRES arrived at JFK on a return flight from Guyana, officers with the Department of Homeland Security’s Customs and Border Protection (“CBP”) conducted an examination of TORRES and her luggage. 17. During that examination, the CBP officers recovered und seized two prescription pads bearing BLACKMAN’s name and the addresses of his Franklin Square office and another office located at 172-29 Brocher Road in St. Albans, New York, which is BLACKMAN’ registered DEA address (the “St, Albans office”). Those pads contained more than forty prescriptions for between 120 and 180 30-milligram Oxycodone pills. Each of the prescriptions was dated December 9, 2015—the day that BLACKMANs office was shut dawn, and nine day's before TORRES returned to New York from Guyana, Each of the prescriptions also bore a signature that appeared to be BLACKMAN’s. A forensic handwriting ecamination conducted by a Department of Homeland Security18, CBP officers also recovered from TORRES a handwritten list of names corresponding othe names writen onthe 30-milligram Oxyeodone prescriptions bearing BLACKMAN’s name. Nexto some of these handwriten names was the number “180,” ‘hich based upon my training and experince and work on this investigation T believe was 2 reference othe amount of Oxycodone ills that BLACKMAN would presrtbed oa person on the handwriten lis 19, Database inguities conceming many ofthe names set forth on the pre-filled Oxyeadone prescptons showed that several of the individuals resided in areas that are located a substantial disance from ether BLACKMAN’s Franklin Square or St Albans offices, For example, several ofthe prescriptions were writen to individuals who database inquiries showed resided inthe Bronx, New York and other preseriptions were written to individuals who database inquires showed resided in New Jersey and Florida, 20, CBP officers also recovered from TORRES a photograph of BLACKMAN with thee telephone numbers, one of which was labeled “()," which Ib roto bbeareference toa cellular telephone number. Another number on the photograph was labeled ‘Guyana number.” Forensie Document Examiner, which utilized previous samples of BLACKMAN’ handwriting, concluded that BLACKMAN “probably prepared” the Oxycodone prescriptions that were recovered from TORRES on December 18, 2015._ In this context, the term “probably prepared? refers to a “qualified finding that rather strongly” points to BLACKMAN having authored the Oxyeodone prescriptions‘The January 9, 2016 Border Examination of TORRES 21. On January 9, 2016, CBP officers conducted a secondary examination and interview of TORRES when she arrived al Hartsfiek-Jackson International Airport in Atlanta, Georgia on a fight fom Costa Rea. During the interview, TORRES stated in substance that she occasionally worked for BLACKMAN while attending medical insurance classes, TORRES further sated in substance that BLACKMAN paid for her Devember 2015 trip to Guyana and provided her with lodging and meals after BLACKMAN's Franklin Square office was shut down, TORRES stated in substance that BLACKMAN had filled out the ‘prescription pad containing the December 9, 2015 Oxycodone prescriptions that CBP officers from TORRES upor her return to New York from Guyana on December 18, 2015 and that BLACKMAN asked TORRES to bring the pre-filled prescription pad to his office in New York. ‘TORRES's February 7.2016 pst-Miranda Statement 22, OnFebruary 7,2016, TORRES was arrested ather residence. Atthe time of her arrest, TORRES provided HST agent wih box containing BLACKMAN's patent record that she was storing inher home 23. Following her amet, TORRES waived her Miranda rights and deseibed ber work as BLACKMAN's seertay in 2015 and 9016 TORRES stated in sm and substance that individuals, inching an individual whose identity is known othe United States Awomey COHN DOE #1”), gave her is of othe persons” names. TORRES would bring the istto BLACKMAN, BLACKMAN would then write prescriptions for Oxycodone tothe individuals on the list without having examined them. BLACKMAN would then give theul ‘Oxycodone prescriptions to TORRES and TORRES would give those Oxycodone prescriptions toJOHN DOE #1, TOR! further state in substance that BLACKMAN was paid $300 for ‘writing each ofthese presrptions and that BLACKMAN regularly wrote Oxyeodone prescriptions for individuals who he never examined in exchange for payment 24, TORRES further stated that she ha sold the Oxycodone pill that BLACKMAN ha prescribed her to JOHN DOE #2, an individual whose identity is known to the United States Attomey, who is an associate of BLACKMANs. 25, With respeet to the pre-filled prescripi pads containing Oxycodone prescriptions that were recovered from her at JFK on December 18, 2015, TORRES stated in substance that before the pre-filled prescriptions were seized, she intended to give those prescriptions tothe individuals whose names were listed on the prescriptions or to other individuals, so that the prescriptions could be filled without BLACKMAN having ever ‘examined the persons whose names appeared on the prescriptions TORRES further stated in ‘sum and substance that BLACKMAN had paid her to bring these pre-filled Oxycodone prescriptions from Guyanato New York. * JOHN DOE #1’ sumame appears on the handwritten list that was confiscated from TORRES ‘on December 18 at JFK. Nexto JOHN DOE #1's name is a bracket and beside that bracket is alist ofnames. Records cbtained from NYS BNE demonstrate that JOIN DOE #1 and the ‘ther individuals listed in the bracket have repeatedly received prescriptions for Oxycodone from BLACKMAN within the last year. Based upon my training and experience and ‘TORRES's post-Miranda statement, I believe that the bracketed names next to JOHN DOE, 41's indicate that TORRES intended to give prescriptions written for the bracketed names to JOHN DOE #1 without BLACKMAN having ever examined these individuals.BLACKMAN's February 7.2016 post-Miranda Statement 26, On February 7,2016 at approximately 12:00am. Las notified that BLACKMAN had boardeda Might at JFK en route Guyana, [traveled to JFK and arested BLACKMAN for consptisgo distribute Oxycodone illegally. Following his arrest, advised BLACKMAN of his Miran rights and he waived those rights and agreed to speak with me 27, Dring the interview, BLACKMAN stated in substance that his most current office address i 3399 Fulton Avenue in Brooklyn, New York (SUBJECT PREMISES 11°) and that some of is pstient records are located there. Although BLACKMAN is required to inform the DEA concertng his office address, the DEA has no record of SUBJECT PREMISES #1 as BLACKMAN’ office address. BLACKMAN further stated i substance that patent records related to his prescriptions of Oxycodone ae also located at 87-16 Queens ‘Boulevard in Elmhurst, New York (“SUBJECT PREMISES #2") and 907 Hempstead Turnpike in Franklin Square, New York (‘SUBJECT PREMISES #3"). ‘The DEA has no record connecting BLACKMAN fo SUBJECT PREMISES #2 and, as desribed above, SUBJECT PREMISES #3 was closed for building code violations on December 9, 2015, 28. Beeaise upon my training and experience in investigations eonceming the legal distribution of Oxycodone, Iam aware that doctor’ record coneeming patients who have acquired Oxycodone in connection with an illegal dition scheme age often scanty oF non-existent. Thit BLACKMAN has sated that he stores records in adresses not resstred withthe DEA is consistent ith an effort 10 caneea those records from the DEA. ‘Thateffortis also consistent with the sterage of BLACKMAN’ patient records that TORRES provided to HST agents on February 7,2016 at TORRES’s residence.29, During the February 7,2016 interview, BLACKMAN stated in substance {that he had prepared and signed the more-than forty prescriptions that were recovered from ‘TORRES on December 18,2015 at JFK. BLACKMAN alo stated that it was possible that some of his patients were aidieted to Oxycodone, that he charged approximately $300 to see ‘patients at his “pain management” practice and that he typically saw approximately 100 patients per day, which he estimated was about one patient every six minutes. Based upon my training and experience, this volume of patents is consistent with a doctor’ participation ina conspiracy to illegally distibute Oxycodone and not with a leitimate pain management practice, BLACKMAN’s Bulk Cash Smugeting 30. After interviewed BLACKMAN, a CBP officer contacted me and informed me that Guyanese Officials had recovered approximately more than $30,000 that was concealed within compartments of bag that BLACKMAN before boarding his flight to Guyana. In violation of 31 U.S.C. § $332, BLACKMAN dl not state that he was travelling ‘with more than $10,000 eas ‘SUBJECT PREMISES #1, #2 AND #3 31. Based upon surveillance conducted by another law enforcement officer, I ‘know that SUBJECT PREMISES #1 is a three-story brick- building te font doors, which is located on Fulton Street, between Atlantic and Ridgewood Avenues in Brooklyn, New York One front door is clear in cslor and labeled “3399.° ‘The second front doors brown and has a peep-hole nits center. Atoveboth front doors is yellow avning thats labeled in part “A.W. ‘Communications Multiservices” in large black letters. During his post-Miranda interview,“4 BLACKMAN stated in substance that he uses room located behind the brovin door to store a portion ofhis patient reconls, Inher intervie, TORRES also state in substance that BLACKMAN recently established an ofice at that location, Accordingly, the proposed Search Warrant for SUBJECT PREMISES #1 would only authorize a search ofthe ground floor behind the right-side entree 32. Basec upon surveillance conducted by another law enforcement officer, know that SUBIECT PREMISES #2 is «two-story buing with a storefont and aroonish ‘vinyl siding on its second-story, whichis located on Queens Boulevard, between 55th Avenue ‘and 55th Road in Queens, New York. Located above the front entrance of SUBJECT PREMISES #2 is bluc-andovbite sign stating “OPTIMAL PT WELLNESS." “The numbers 87 16° appear onthe clea front door ofthe SUBJECT PREMISES #2, which s located behind wrought-iron gate, 33. Based upon surveillance conducted by another aw enforcement officer, know that SUBIECT PREMISES #3 isa one-story storefiont with a blue awning, stating “Revival Physical Therapy” which is losted on Hempstead Turnpike, between James and “Madison Stes in Franklin Square, New York Located othe lef of SUBJECT PREMISES, ‘#8 is busines i a pharmacy DOCUMENTARY EVIDENCE LIKELY TO BE FOUND WITHIN SUBJECT PREMISES #1, SUBJECT PREMISES #2, AND SUBJECT PREMISES #3 34, Based upon my training and experience and discussion with other experienced law enforcement officers I know that a. individuals engaged in drug trafficking activities, such as those described1s herein, commonly keep and maintain records of drugs dispensed, customers or Patents and payments received. “These records are commonly stored in a location that persons commiting drug trafficking offenses perceive to be readily accessible and secure, ». individuals involved in illegal activities tend to gain substantial wealth from ‘hose illegal activites that they atempt to conceal from law enforcement suthorities; therefore individuals who wish to hide assets very often place or attempt to place assets in names ther than ther own to avoid detection and prevent location ofthese assets by Government agencies; and «. individuals frequently use currency to make expenditures for personal expenses, for investments and for seereted assets. These transactions may consist ofthe purchase of assets or the structuring of payments to avoid a transaction-reportng requirement under State or Federal law 35. More specifically, based upon my training and experience in drug tealficking investigations, lam aware that persons and entities involved in drug trafficking conspiracies, typically maintain tems such a the following: a. books, recoeds, ledgers, receipts, notes, money’orders, telephone numbers anor email addresses in books or papers, which reflec the names, addresses, tslephone numbers andor email addresses andor other idetitying information of their associates.16 ‘TECHNICAL BACKGROUND WITH RESPECT TO EVIDENCE LIKELY TO BE FOUND IN THE PREMISES 36. As deicribed above and in Attachment B, this appli jon seeks permission to search for records and items constituting evidence, fruits or instrumentalities of Violations of 21 U.S.C. § 86 (conspiracy to distribute narcotics) and 31 U.S.C. § 5332 (bulk ‘cash smuggling) that mightbe found on the PREMISES, in whatever form they are found, ‘One form in which the reccrds might be found is data stored on a computer's* hard drive or other storage media.® “Thus, the warrant applied for would authorize the seizure of computers tnd electronic storage media or, potentially, the copying of electronically stored all under Rule 41(@)(2(B). 37. Isubnit that ifa computer or storage medium is found on the PREMISES, there is probable cause to beliove those records will be stored on that computer or storage medium, for at leas: the following reasons: 38. Basec on my knowledge, raining, and experience, l know that computer files or remnants of such files can be recovered months or even years afer they have been downloaded onto a storage medium, deleted, or viewed via the Internet, Electronic files downloaded to a storage medium can be stored for years at litte or no cost, Even when files 5 For purposes ofthe requested warrans, a computer includes all types of electronic, magnetic, optical, electroctemical, or other high speed data processing devices performing logical, arithmetic, or storage functions, including desktop computers, laptops, mobile phones, tablets, server computers, aid network hardware, as wel as wireless routers and other hardware involved in network and Internet data transfer. * “storage medium” for purpose ofthe requested warrant is any physical object upon hich computer data can berecorded. Examples include external hard drives, CDs and DVDs, and flash driveshave becn deleted they canbe recovered months or years later using forensic tools. Tis i 0 ‘because when a person “deletes a ile on a compute, the data contained in the file does not actualy disappear, rather, tat data remains onthe storage medium unt itis overwiten by new data 39, Therefore, deleted files, or remnants of deleted files, may reside in ree space or slack space thats, in space on the storage medium that is not currently ing used by an active file — for long periods of time before they are overwritten. In addition, a computer's ‘operating system may also keep a record of deleted data in a “swap” or “recovery” file. 40, Wholly apart from user-generated files, computer storage media — in particular, computes" internal hard drives — contain electronic evidence of how a computer has bbeen used, what it has been used for, and who has used it. To givea few examples, this, forensic evidence can take the form of operating system configurations, facts from the use of «an operating system or application, file system data structures, and virtual memory “swap” or paging files. Computer users typically do not erase or delete this evidence, because special software is typically requ od for that ask, However, iis technically posible to delet this information 41, Simin, les that have been viewed vi the Tntemat are sometimes automatically downloaded nto temporary Intemet directory or “cache.” 42, As firther described in Atachment B, this application seeks permission to locate not only electronis computer files that might serve as direct evidence of the crimes escribed on the warrant, tut also electronic “atributon” evidence that establishes how the ‘computers were used, the purpose oftheir use, who used them, and when. There is probable18 «ase to believe that this forensic electronic evidence will be on any computer o storage modium inthe PREMISES because 4. Data on the storage medium can provide evidence of file that was once onthe storage medium but has since been deleted or ete, or ofa deleted portion of file (uch as paragraph that hasbeen deleted from a word processing ile) Viral memory paging systems can leave traces of information onthe storage ‘medium thatshow what asks and processes were recently ative. Web browsers, email programs, and chat programs store configuration information on the storage medium that can reveal information such as oaline nicknames and passwords, Operating systems can record additions information, such asthe aatachment of peripherals, the attachment of USB flash storage devices or other extemal storage media, and the times the computer wasn use. Computer file systems can-scord information about the dats fle were erated andthe Sequence in which they were created, although this information can later be falsified. b, _Forersie evidence ona computer or storage medium can also indicate ‘who has used o controlled the computer or storage medium. This “user attribution” evidence is analogous to the search for “indicia of aceupancy” wh executing a earch warrant ata residence. For example, registry information, Internet search histories, configuration files, user profiles, email, email address ‘books, instant messaging logs, photographs, the presence or absence of malware, and correspendence (and the data associated with the foregoing, such as filecreation and ast-acessd dats) may be evidence of who used or controled the computer or storage medium at a relevant time © A.petion with appropriate familiarity with how a computer works can, afer examining this forensic evidence i ts proper context, raw conclusions about how the computers were used, the purpose oftheir use, who used them, and when, 4. Theprovess of identifying the exact files, blocks, registry ents, logs, or ‘other forms of forensic evidence ona storage medium that are necessary to draw an accurate conclusion isa dynamic process. Whether data stored on ‘computers evidence may depend onthe context provided by other information stored on the computer and the application of knowledge about how a computer functions. ‘Therefor, contextual information necessary to understand other evidence also falls within the scope of the warrant. and when, its sometimes necessary to establish that a particular item isnot present ona storage medium. For example, the presence or absence of counter-frensi programs or anti-virus programs (and associated data) may be relevant to establishing the 1 intent 43, Inmost case, a thorough search for information that might be stored on computers and storage media often requires agents to seize such electron devices and later review the media consistert with the warrant. In eu of removing storage media from the premises, itis sometimes rossible to “image” the date stored on such devices, Generally20 speaking, imaging is the taking of a complete electronic picture ofthe computer's data, including al hidden sectors and deleted files. Either seizure or imaging is often necessary to ‘ensure the accuracy and corspletenes of data record on the storage media, and to prevent the Joss ofthe data ther from accidental or intentional destation. This is trv because ofthe time roquired fr examination, tecnica requirements and the variety of forms of elestronie media, s explained below a. Thetime required foran examination, As noted above, not all evidence takes the form of documents and files that can be easly viewed on-site Analyzing electronic dat for atrbution evidence and conducting proper forensic examination requires considerable time, an taking that much ime on the PREMISES could be unreasonable, ven the ever-expanding data storage capacities of computers and storage media, reviewing such evidence to identify the items described in the warrant can take weeks or months, depending on the volume of deta stored, and would be impractical and invasive to attempt on-site. b. Techical requirements, Computers can be configured in several different wars, featuring a variety of different operating systems, application software, and configurations, Therefore, searching them sometimes requires tools or knowledge that might not he precent on the search site. The vast array ‘of computerhardware and software available makes it difficult to know before @ search what tools or knowledge will be required to analyze the system and its data on the PREMISES, However, taking the storage media offsite and reviewing itin a controlled environment will allow its examination withthe2 proper tols and knowledge. c. ‘The varity of forms of electronic media. Records sought under this warrant col be stored in a variety of storage media formats that may require offsite reviewing with specialized forensic tools 444, Inmet cases, a thorough search for information that might be stored on ‘computers and storage medi often requires agents to seize such electronic devices and later review the media consisten: with the warrant In lieu of removing storage media from the premises it is sometimes possible to “image” the date stored on such devices. Generally speaking, imaging is the taking of a complete electronic piture ofthe computer's data, including all hidden sector: and deleted files, Either seizure o imaging soften necessary to ensure the accuracy and completeness of data recorded on te storage media, and to prevent the loss ofthe data citer from accidental or intentional destruction. ‘This is rue because ofthe time required for examination, echnical requirements, andthe variety of forms of eletronic media, as explained below: 45. Based onthe foregoing, and consistent with Rule 41(¢)(2\B), the ‘warrants Iam applying for would authorize seizing, imaging, or otherwise copying computers and storage media that easmably appear to contain some orall of the evidence described in the warrants, and would authsize a later review ofthe medin or information eonistent withthe ‘warrants. The later review may require techniques, including, bu not Fimited to, ‘computer-assisted scans ofthe ent medium, that might expose many parts of a hard drive to human inspection in order o determine whether itis evidence described by the warrants,2 CONCLUSION WHEREFORE, your deponent respectfully requests thatthe defendants NOEL. BLACKMAN and EVA TORRES, be dealt with according to law and that the search warrants forthe PREMISES be issued TORR. Lai ‘Spectad Agent, United States Department of ‘Homeland Security, Homeland Security Investigations. ie ‘Swom to before me this 8th day of February, 2016 meloxeante NAGY. SHE UNITED STATES MAGISTRATE JUDGE, PASTERN DISTRICT OF NEW YORKATTACHMENT A. Property Be Searched THE PREMISES KNOWN AND DESCRIBED AS THE GROUND FLOOR LOCATED BEHIND THE RIGHT-SIDE ENTRANCE OF 3399 FULTON STREET, BROOKLYN, NEW YORK, (SUBJECT PREMISES #1”) ‘Type of Location: Storefront Building type: Three-Story Color: Briek exterior with antranceway painted pink Description: SUBJECT PREMISES #1 isa three-story brick-building with two front doors, ‘hich i located on Fulton Street, between Atlantic and Ridgewood Avenues in Brooklyn, [New York. One front dooris clear in color and labeled “3399." The second front door is brown and has a peep-hole in ts center. Above both front doors isa yellow awning that is labeled in part “A.W. Communications Multservices” in large black letters. During his Mirandized interview, BLACKMAN stated in substance thatthe uses a room located behind the brown door to store a portion of his patient records. Inher interview, TORRES also stated in substance that BLACKMAN recently established an office at that location. Accordingly, the proposed Search Warrant for SUBJECT PREMISES #1 would only ‘authorize a seazeh of the ground floor behind the right-side entrance.ATTACHMENT A Property to Be Searched ‘THE PREMISES KNOWN AND DESCRIBED AS 87-16 QUEENS BOULEVARD, ELMHURST, NEW YORK (‘SUBJECT PREMISES #2”) ‘Type of Location: Storefront Building type: Three-Story Color: Greenish Vinyl Siding, Clear Front Door Description: SUBJECT PREMISES #2 is a two-story building with a storefront and greenish vinyl siding om its second-sory, which is located on Queens Boulevard, between SSth “Avente and SSth Road in Queens, New York, Located above the front entrance of SUBJECT PREMISES #2is a blue-and-white sign stating “OPTIMAL PT WELLNESS.” ‘The numbers “87 16” appear on the clear front door of the SUBJECT PREMISES #2, which is located behind a wrought-iron gate SS —__ | £ S| S| OPTIMAL PT WELLNESSATTACHMENT A Property to Be Searched THE PREMISES KNCWN AND DESCRIBED AS 907 HEMPSTEAD TURNPIKE, FRANKLIN SQUARE, NEW YORK (“SUBJECT PREMISES #3”) ‘Type of Location: Storeftoxt Building type: One-Story Color: Blue awning, clear front door. Description: SUBJECT PREMISES #3 isa one-story storefront with a blue awning, stating “Revival Physical Therapy,” Which is located on Hempstead Tumpike, between James and ‘Madison Streets in Franklia Square, New York. Located to the left of SUBJECT PREMISES. #3 isa business is a pharmacy.ATTACHMENT B Property to be Seized 1, Allrecords relating to violations of Title 21, United States Code, Section 846 (Conspiracy to distribute narcotics) and Title 31, United States Code, Section 5332 (bulk cash smuggling), and involving NOEL BLACKMAN, EVA TORRES, and other individuals since 2015, including, but not limited to': Video and Audio surveillance footage and recordings; 'b, Documents, notes, records, comespondence, writings, letters and papers, in any format or medium, including paper, electronic and digital, which contain information concerning individuals who received or who sought to receive prescriptions for Oxycodone and other drugs from NOEL BLACKMAN; , Documents, notes, zecords, corespondence, writings, leters and papers, in any format ‘or medium; including paper, electronic and digital, which relate to prescriptions for Oxyeodone and otter drugs; 44. Documents, notes, records, corespondence, writings, letters, lists, diaries, calendars, address books, directories, catalogues, ledgers and papers, in any format or medium, including paper, electronic and digital, which relate to the prescriptions for ‘Oxycodone and other drugs; e, Documents, notes, records, correspondence, writings, letters and papers, in any format ‘or medium, including paper, electronic and digital, which relate to, pertain to, ‘demonstrate or show the connection between the co-conspirators in this case; £ Documents, notes, records, correspondence, writings, leters and papers, in any format cor medium, including paper, electronic or digital, pertaining to oceupancy or ‘ownership ofthe premises described above, including, but not limited to, rental or For purposts ofthe requested warrant, the terms “records” and “information” include evidence of the specified crimes in whatever form and by whatever means it may have been created or stored, including any form of computer or electronic storage (such as hard disks or other mediathat can store data); any handmade form (such as writing, drawing, ‘or painting); any mechanical form (such as printing or typing); and any photographic form (uch as videos, digital and print photographs, or photocopies).lease agreements, ortgage documents, rental or lease payments, utility and telephone bill, mail envelopes, or addressed correspondence; Identification documents, such as driver's licenses, passports, identification cards, ‘employment identification cards, Social Security cards and visas; 1h Financial documents and related items, such as credit cards, debit cards, bank cards, ‘bank records, bank statements, and items obtained through the use of financial documents and relaed items; i, Documents, notes, records, correspondence, letters and papers, in any format or ‘medium, including paper, electroni or digital, pertaining to the transfer, either electronically or by other means, of currency, money or funds, via banks or any other ceurreney remitter; jj Any cellular telephones or items associated with cellular telephones such as SIM. cards; k, Other documents constituting evidence of the commission of violations ofthe federal laws set forth above, or establishing the tue identity ofthe persons who may have committed those violations. 2. Computers? or storage media’ that contain records or information (hereinafter “COMPUTER”) used as ameans to commit violations of Title 21, United States Code, Section 846 (conspiracy to distribute narcoties) and Title 31, United States Code, Section '5332 (bulk cash smuggling). All information obtained from such computers or storage ‘media will be maintained 2y the government for the purpose of authentication and any potential discovery obligaions in any related prosecution. The information shall be reviewed by the government only forthe purpose of identifying and seizing information that constitutes fruits, evidence and instrumentalities of violations of Title 21, United States Code, Section 846 (narcoties conspiracy) and Title 31, United States Code, Section 5332 ‘A computer includes all types of electronic, magnetic, optical, electrochemical, or other high speed data processing devices performing logical, arithmetic, or storage functions, including desktop computers, laptops, mobile phones, tablets, servers, and network hardware, such as wireless routers. 5A “storage medium?” for purpose of the requested warrant is any physical ‘object upon which computer data can be recorded. Examples include external hard drives, CDs, DVDs and flash drives.(bulk cash smuggling) involving NOEL BLACKMAN, EVA TORRES and other individuals since 2015, including: fence of who used, owned, or controlled the COMPUTER at the time the things described in this warrant were created, edited, or deleted, such as logs, registry entre, configuration file, saved usemames and passwords, documents, browsing history, user profiles, email, email contacts, instant messaging logs, photographs, and correspondence; ‘evidence of software that would allow others to control the COMPUTER, such as viruses, Trojan horses, and other forms of malicious software, as well as, ‘evidence ofthe presence or absence of security software designed to detect ‘malicious sftware; evidence of the lack of such malicious software: evidence ofthe attachment to the COMPUTER of other storage devices or similar containers for electronic evidence; ‘evidence of counter-forensie programs (and associated data) that are designed 1 eliminate data from the COMPU evidence of the times the COMPUTER was used; passwords, encryption keys, and other access devices that may be necessary to ‘access the COMPUTER; ‘documentaton and manuals that may be necessary to access the COMPUTER, ‘or to conduct a forensic examination of the COMPUTER; contextual information necessary to understand the evidence described in this attachment.