UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

---1C

1M
TO BE FILED UNDER SEAL
,\

UNITED STATES OF AMERICA -againstDEVON DANIELS,
-1C

COMPLAINT AND AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT (T. 18, U.S.C. ss 1030(a) (2) (B) and 1030 (c) (2) (A))

EASTERN

DISTRICT

OF NEW YORK, SS: being duly sworn, deposes and states

Pathik R. Lotwala, that he is a Special Agent Administration acting as such.

with the Drug Enforcement according to law and

("DEA"), duly appointed

In or about and between April

April

2010 and and inclusive, within

2011, both dates being approximate District

the Eastern

of New York and elsewhere, and intentionally

the defendant a computer

DEVON DANIELS without thereby United

did knowingly

access access

authorization obtaining States,

and exceed authorized

to a computer,

information

from a department

and agency of the

to wit: the FBI. States Code, Sections 1030(a) (2) (B)

(Title 18, United and 1030 (c) (2) (A))

The source of your deponent's grounds for his belief are as follows:!1

information

and the

1/ Because the purpose of this Affidavit is to state only probable cause to arrest, I have not' described all the relevant facts and circumstances of which I am aware. In addition when I
l

2 Introduction 1. according Agent I am a Special Agent of the DEA, duly appointed I have been a DEA Special assigned to

to law and acting

as such.

for approximately

nine years and am currently

the New York Field Division,. where I am tasked with narcotics working trafficking, money laundering described

investigating I am of

and other offenses. herein, with officers

on the investigation Bureau

the Internal Affairs Department Service

(lAB) of the New York City Police agents of the Internal Revenue

(NYPD) and special I am familiar of witnesses,

(IRS).

with the facts of this case through and records, and

my interviews discussions 2. has revealed patrol

review of reports

with other law enforcement

officers. the investigation a NYPD uniformed of trust by that

As set forth more fully below, that the defendant

DEVON DANIELS,

officer,

abused his authority database access. Background

and position

accessing exceeded

a computer authorized

of the FBI in a manner

I.

The FINEST/MDT 3.

Systems the National Crime Information

The FBI maintains

Center

(NCIC), a computer to acquire,

database.

The FBI is the agency and preserve

authorized

collect,

classify

rely on statements made by others, such statements are set forth in part and in sUbstance unless otherwise indicated.

3

identification, and to exchange including the United

criminal

identification,

crime and other records entities, throughout

such information

with authorized

state and local law enforcement States. 4. New York City maintains (hereafter,

authorities

electronic

database

systems that

known as FINEST and MDT, are designed agencies

the "NYPD database") law enforcement

to give users

from qualified

a single point of access within and beyond

to computerized

law enforcement state

information

New York State.

Qualified

and local law enforcement various

personnel

in New York have access to in the NYPD database,

forms of information information 5.

maintained

including

maintained

by the FBI in the NCIC database. accounts, which can be the NYPD

The NYPD has NYPD database users.

accessed database

by multiple website

NYPD officers

may access

solely by using an assigned

user identification of the officer's identification training,

which consists

of a combination

of the initials

first and last mime and a six digit NYPD-issued number or a text password. are required

As part of their academy

NYPD officers

to attend a course on the proper use databases. on the website police that

of NYPD database 6.

and other confidential

NYPD database

users are warned to official

only information business

that is related

department inquiries

is to be requested

from the system.

Arbitrary police

of individuals

that do not relate to official

department

4

business

are prohibited.

Users are further

cautioned

that the who have

NYPD databases

are to be operated password

only by individuals and sign on.

been issued an official individual database. II. Background 7. in Wichita, organization. JERMAINE initiated WARD.

Only the to search the

signed onto the database

is authorized

Since approximately Kansas has been
s:

October

2008r

the DEA office trafficking is

investigating

a heroin

One of the targets In approximately investigation

of its investigation September

20l0, the DEA calls to

a wiretap

and began intercepting WARD (the "WARD

and from a telephone TELEPHONE
U ).

used by JERMAINE

Based on calls intercepted GUY CURTIS as a heroin agents intercepted

over the WARD TELEPHONEr supplier for JERMAINE between

the DEA identified WARD. SpecificallYi

a conversation

GUY CURTIS and JERMAINE discussed a heroin WARD.

WARD on october

23, 20l0r in which they

shipment During

to be sent from New York to Wichita this conversationr GUY CURTIS was number (2l2)920-

for JERMAINE communicating 7712

with JERMAINE
fI ).

WARD using telephone

(the "CURTIS TELEPHONE 8. On· April

l2r 20ll, DEA agents began over the CURTIS

intercepting TELEPHONE Johnsonr of New

wire and electronic pursuant Jr.r

communications

to an order signed by the Honorable States District Court Judge,

Sterling

United

Eastern

District

5

York.

On May 16, 2011, Judge Johnson to intercept

authorized

DEA agents to over the

continue

wire and electronic

communications

CURTIS TELEPHONE. 9. episodes example,

Wire interception

ceased on June 14, 2011. surveillance revealed For a

The wire and electronic violence

of physical on April

by the CURTIS organization. CURTIS discussed

17, 2011

(Session 2348),

retaliation individual altercation altercation

shooting

and the efforts believed

CURTIS made to locate an was involved person. in an

CURTIS mistakenly between involved

CURTIS and another a dispute

This physical of narcotics on

over the selling

Jamaica Avenue to·the caller,

in Queens, in part,

New York.

In this call, CURTIS stated but he did that· to me. The Niggas knocked on

"Not justified

thing was ... he wasn't going there to do that. the window and all that.

Soon as they came into the joint and

opened the shades. BAM. Actually

It was like we just went by and BAM, BAM, got hit cause the

we still don't know if nobody

ambulance happened

and all. that shit was there. but they moved it on like ... IIll

So we don't know what

Not all relevant communications intercepted over the CURTIS TELEPHONE are described herein. Moreover, for those calls described, not all relevant portions of such conversations have been described. To the extent that quotations are used in the descriptions below, the quoted segments are based on line sheets and not final transcripts. Also, all dates and times are approximate and based on the monitoring equipment at the time the call was intercepted.
2

6

10. (Session 2837) locating discussed
I

Further

I

in another call on April and an associate

19

1

2011

GUY CURTIS

of CURTIS discussed As

a woman who was previously above
I

shot at by the associate. in a physical altercation

CURTIS was involved

that involved Avenue

a dispute
I

over the selling

of narcotics

on Jamaica

in Queens

New York.

CURTIS believed

that the woman During

discussed

in this call was his assai1ant1s associate informed

girlfriend.

this calli CURTIS'
t:

CURTIS

that the associate stated to CURTIS, in

planned part
I

to follow the woman.

The associate

"The corner store across
l

the street white bitch that I shot I trying to follow this
II

at that night Bitch.

she/s in the store.

I going to follow her she in that store. 11. In addition, received on April 271 2011

(Session 5928)

I

the of

CURTIS TELEPHONE CURTIS' crew.
1I

a text message stated:

from another member

The message On April

"I got a hitman

if niggsz want

sumthin done.

27, 2011
1I

(Session 5931), CURTIS replied, also sent the

"I'll ta11k to uin following

person.

The CURTIS TELEPHONE

text message

on April 12, 2011

(Session 423), "Don't

Come in between 12.

me n my drugs./I On July 1, 2011, a grand jury sitting of New York returned BOURJOLLY, an indictment in the charging OMAR

Eastern District BERRY, MARCELYN GOLDBERG, distribute

JR., STEFON CLARK,

GUY CURTIS! DAVID to

DELON HINES and ISHMAEL LAMBUS with conspiracy and possess with intent to distribute

100 grams or

7

more of heroinr Section 846.

in violation
2012r

of Title 21r

United States Coder plead guilty to

In January

all the defendants with

conspiracy

to distribute

and possess

intent to distribute

100 grams or more of heroin. III. Probable 13.
Jr'r

Cause to Arrest On August

DEVON DANIELS the Honorable Eastern Andrew Carter,

16, 2011r

United

States Magistrate

Judge,

District

of New

Yorkr

signed a search warrant
r:

authorizing

the search of the

CURTIS TELEPHONE, his arrest.

which was seized

from GUY CURTIS at the time of obtained from the

Basedr

in part, on the evidence

search of the CURTIS TELEPHONE surveillance, npOV CITY," the Jamaica TELEPHONE I have learned a violent heroin

and on wire and electronic is the leader of based in

that GUY CURTIS distribution

organization

section of Queensr New York and used the CURTIS with DEVON DANIELS
,1/

to communicate

at telephone Purt.he , these r

number

(646)515-6489 communications working CURTIS
I

(the "DANIELS TELEPHONE") revealed that DANIELS

asked CURTIS for nany occasions, to borrow that

revolver/" vehicles.

money and on numerous

I also learned from these communications

CURTIS inquired your hands,"

from DANIELS

on how to get "gun shot residue off DANIELS that "I need u to clap a from these

and CURTIS informed carrying a gun."

felon he always communications

I also learned

that DANIELS provided

CURTIS with the use of an

3

DEVON DANIELS

is the subscriber

of the DANIELS

TELEPHONE.

8

official

NYPD parking

plaque

for CURTIS' vehicles

and provided based on CURTIS'

CURTIS with intelligence inquiry. 14. April

on fellow NYPD officers

In addition,

these communications DANIELS

revealed

that on

29, 2011, CURTIS

~nformed

that one of CURTIS' of being arrested

associates, by NYPD.

ISHMAEL LAMBUS,

was in the process

DANIELS,

while driving

one of CURTIS' vehicles, the heroin drug vehicle and

immediately

proceeded

to the scene and surveilled DANIELS

arrest of LAMBUS. identified Officer. officers leaving himself

Thereafter,

exited CURTIS' officers

to the NYPD arresting inquired

as an NYPD

At that time, DANIELS about matters

from the arresting Upon

concerning

the arrest of LAMBUS. reported

the scene, DANIELS

immediately

that information

to GUY CURTIS. 15. Further, these communications revealed that

DANIELS provided DANIELS'

CURTIS with DANIELS!

bank account

information. financial after

bank account

was then used to facilitate drug proceeds.

transactions DANIELS

that involved

For example,

first provided

his account

information

to GUY CURTIS, WARD, a Thereafter, for

CURTIS then provided distributer

this information

to JERMAINE Kansas,

of CURTIS' heroin

in Wichita, financial DANIELS

WARD wired $3,500 to DANIELS' heroin CURTIS provided proceeds

account

as payment

to WARD.

then withdrew

the drug

and gave it to CURTIS.

9

16. requested

In addition,

I learned

that DANIELS,

when in

by CURTIS,

improperly

accessed

the NYPD database or to obtain information

order to perform plate information

criminal

background

checks

license was then

for CURTIS.

The requested A summary

relayed back to CURTIS by DANIELS. improperly The April accessed information

of some of the

is set forth below. Computer Access 2:28 a.m'r the to the DANIELS At repliedr

17, 2011, Unauthorized 17.
«:

On April

16r

2011 at approximately text message

CURTIS TELEPHONE TELEPHONEr

sent the following

"Eux 6142 red clk yah."

(Session C-86462). TELEPHONE

approximately "Aite."

2:29 a.m. that day, the DANIELS

(Session C-86463).

Based on my training

and experience

and the investigation that CURTIS provided purpose of DANIELS

that has been conducted

thus far, I believe for the and

this license plate to DANIELS it through

searching

the NYPD database

providing

CURTIS with the information

concerning

the owner of

this vehicle. 18. I have been informed by members of the NYPD lAE account license for license

that an audit was performed regarding plate plate any searches

of the NYPD database inquiries

involving

regarding

"EUX6142."

That audit revealed

that an inquiry

"EUX6142,tt which accessed terminal located on April

the NCIC databaser in an NYPD patrol 17, 2011r

was performed car assigned 7:16

from a computer within

the 111 Precinct

at approximately

10 a.m. The inquiry was made under the password partner. On April
171 20111

for Patrol Officer

DEVON DANIELSI 19. picture address vehicle

the CURTIS TELEPHONE

received

a

of the NYPD database and other information information

screen which showed the name, age, regarding the registration and

associated

with license plate

uEOX6142. and the that

(IMG_2192.JPJ). investigation after DANIELS DANIELS DANIELS

Based on my training

and experience

that has been conducted received the requested

thus far, I believe license plate

from CURTIS, password. the

searched

the NYPD database

under his partner's

then provided

CURTIS with the information

concerning a

owner of this vehicle by sending picture search. The April 9, 2011, Unauthorized 20. DANIELS On April of the screen showing

to the CURTIS TELEPHONE

the results

of the NYPD database

Computer

Access and the

9, 2011, the CURTIS TELEPHONE the following messages

TELEPHONE.texted DANIELS: CURTIS: CURTIS: CURTIS: CURTIS: DANIELS:

to each other.

yo give me the plate Yo do them plates 84839) EVW 5959

(Session C-84840) (Session C-

real quick

(Session C-84841)

N 1 more the guy who live across da street from yah yah (Session C-84843) Fge2279 What u need I got it (Session C-84853)

11 DANIELS: CURTIS: CURTIS: DANIELS: CURTIS: CURTIS: DANIELS:
«:

What u need I got it (Session C-84851) Lmao (Session C-84852) for months (Session C-

Yea I been asking 84855)

The pc one is a grey chevy surban ..comes back to a company (Session C-84856) Oh ok (Session C-84857) (Session C-84858)

The second one is a BMW Yo they both ny reg? Yup (Session C-84861)

(Session C-84859)

CURTIS: CURTIS: DANIELS: CURTIS: CURTIS: CURTIS: DANIELS: DANIELS: DANIELS: Based on my training has been conducted license plates those plates

What's da name of the comp n the name on da 5series (Session C-84863) Nah the secound one come back to some nigga from rosedale (Session C-84867) Yea I kno That (Session C-84868)

(Session C-84869) (Session C-84870)

That's wea yah lives Ihold up

(Session C-84871) 146 09 241st

Farouk D Dalrymple (dob) 2/22/80. rosedale 11422 (Session C-84887) state farm insurance and experience

(Session C-84888) that two

and the investigation

thus fart

I believe

that CURTIS provided of DANIELS

to DANIELS

for the purpose

searching CURTIS with

through

the NYPD database

and providing

12 the information Further, concerning the owners of these vehicles.~1 the searches of these license information.

after DANIELS

completed

plates, DANIELS In addition, anything

provided

CURTIS with the requested CURTIS whenever

DANIELS

informed

CURTIS needed

search 21.

in the NYPD databases, I have been informed

he would do it. of the NYPD lAB account license for license

by members

that an audit was performed regarding plate plate any searches
<_

of the NYPD database inquiries

involving

regarding

"EVW5959."

That audit revealed

that an inquiry

\\EVW5959," which accessed terminal located on April

the NCIC database, in an NYPD patrol

was performed car assigned 6:36

from a computer within p.m.

the 111 Precinct

9, 2011, at approximately

The inquiry was made under the password

for Patrol Officer

DEVON DANIELS. 22. I have been informed by members of the NYPD lAB account license for license

that an audit was performed regarding plate any searches

of the NYPD database inquiries

involving

regarding

"FGE2279."

That audit revealed

that an inquiry

On March 24, 2011, the CURTIS TELEPHONE sent the following text message to the DANIELS TELEPHONE, "Oh yea that p_late u think u can run it real quick." (Session C-81578). The DANIELS TELEPHONE responded, "Fge2279?" (Session C-81579). Thereafter, the CURTIS TELEPHONE replied, "Yup." (Session C81580). Based on my training and experience and the investigation that has been conducted thus far, I believe that CURTIS previously provided this same license plate, Fge2279, to DANIELS for the purpose of DANIELS searching the license plate through the NYPD database and then providing CURTIS with the information concerning the owner of this vehicle.
4

13 plate "FGE2279," which accessed terminal located on April the NCIC database, in an NYPD patrol was performed car assigned 6:40

from a computer within p.m.

the 111 Precinct

9, 2011, at approximately

The inquiry was made under the password

for Patrol Officer

DEVON DANIELS. The November 23. 7, 2010, Unauthorized On November Computer Access 10:46 p.m., to the

3, 2010 at approximately text message

the CURTIS T~LEPHONE
e;

sent the following

DANIELS

TELEPHONE,

"Yoooo, when u get to da job can u look me up 867 597 124 client ID." (Session C10:52 p.m., the

to see if I have a warrrant 54888). DANIELS On November TELEPHONE 24.

3, 2010 at approximately "Aite."

responded,

(Session C-54893) . 1:48 p.m., to the

On November

5, 2010 at approximately text message

the CURTIS TELEPHONE DANIELS TELEPHONE,

sent the following

"Did u ever look me up."

(Session C-55149) .

On November TELEPHONE TELEPHONE,

5, 2010 at approximately the following

1:50 p.m., the CURTIS from the DANIELS (Session C-55151) On

received

text messages

"Na.h the system was down that night" ill be back at work"

and "Saturday November replied,

(session C-55154). 2:03 p.m.,

5, 2010 at approximately "iight dats cool."

the CURTIS TELEPHONE

(Session C-55155).

14 25. On November 7, 2010 at approximately the following 5:36 a.m., from the

the CURTIS TELEPHONE DANIELS TELEPHONE,

received

text message

~Yoo did the warrant

check on ya name nothing

showed up.everthing.clean." 26. investigation November

(Session C"':'55458). and experience and the that on

Based on my training

that has been conducted requested

thus far, I believe

3 and 5, CURTIS

that DANIELS

search CURTIS' arrest

name in the NYPD database warrants. On November

for any outstanding

criminal

7th, I believe CURTIS

that DANIELS

informed and

CURTIS that DANIELS found no warrants. 27.

searched

in the NYPD database

I have been informed

by members

of the NYPD lAE account "Guy CURTIS." which

that an audit was performed regarding searches involving

of the NYPD database inquiries regarding

That audit revealed accessed terminal Precinct

that an inquiry

for "Guy Curtis,"

the NCIC database, located

was performed

from a computer within the 111 The

in an NYPD patrol

car assigned

on November

7, 2010 at approximately

4:49 a.m.

inquiry was made under the password DANIELS.

for Patrol Officer DEVON

The June 4, 5, and 20, 2010, Unauthorized 28. Starting

Computer

Access to June 20, texted the

on June 19 and continuing and the DANIELS

2010, the CURTIS TELEPHONE following messages

TELEPHONE

to each other.

15 DANIELS: CURTIS: DANIELS: DANIELS: I forgoy to tell u ..sha warrent back good (Session C-37960) Oh that's whatls up is out on him check came

(Session C-37961)

(Session C-37962)

But another name came up witt the same date of brith Same last name but the first name was spelled different.sayin blood gang ..and order of protection (Session C-37963) He is blood (Session C-37964) (Session C-37965) somebody

CURTIS: CuR~IS: CURTIS: DANIELS: CURTIS: DANIELS: CURTIS: DANIELS: CURTIS: CURTIS: DANIELS: DANIELS: CURTIS: CURTIS: DANIELS:

That might b him

Cause he got arrested for shooting like 4yrs ago (Session C-37966) So i prob had the wrong spellin 37967)

(Session C-

Nah 1m pretty sure thatls how us spell it Ima get his client ID# (Session C-37968) Aite (session C-37969) (Session C-37970)

U look me up

I think u had gave me shi ..... and the comp had sha (Session C-37971) Oh ok (Session C-37972) (Session C-37973) (Session C-37974) (Session C-

Wea u at

1m at work i can check now

Get his id number now if u can 37975) 11m give u minds Ima hit sha now Aite 597867124

(Session C-37976)

(Session C-37977)

(Session C-37982)

16

DANIELS: CURTIS: Based on my training has been conducted to "shil
II

Nah you that aint ya id# ... it came bavk to a female (Session C-37983) I don/t got my ID on me I thought it was (Session C-37987) and experience that's what that referred that

and the investigation that when DANIELS

thus farl I believe

it is short for "Shikey requested

Foster-BaYI'1 an individual search

CURTIS had previously NYPD database.~1 individual/s Foster-Bay.
II

that DANIELS

for in the spelled the

It was later determined

that CURTIS spelling

name wrong and the correct I believe

was "Shakey to

that when DANIELS

and CURTIS referred

"shall in these texted messages, Bay.
II

it is short for "Shakey Fosterthese texted messagesl DANIELS

Further, CURTIS

I believe

during

informed warrants.

that "shall does not have any outstanding CURTIS requested that DANIELS check CURTIS DANIELS

Thereafterl

for any outstanding informed DANIELS

warrants

in the NYPD database. number

CURTIS that the identification does not come back to CURTIS 29. I have been informed
I

CURTIS provided

but a female. of the NYPD lAB account ""Shikey FosterFosterfrom a

by members

that an audit was performed regarding Bay.
Baylll
II

of the NYPD database inquiries regarding

searches

involving

That audit revealed which accessed

that an inquiry
I

for "Shikey

the NCIC database

was performed

5 On June 3, 2010 at approximately 6:54 p.m., the CURTIS TELEPHONE sent the following text message to the DANIELS TELEPHONE, "Shikey foster-bay 11/22/87./1 (Session C-35336).

17 computer terminal located in an NYPD patrol car assigned within

the 111 Precinct

on June 4 and 5, 2010.

The inquiry on June 4, for Patrol

2010 was made under was made under Officer DEVON DANIELS

the password

and the inquiry

for June 5, 2010 was made DEVON DANIELS' partner.iJ that an

under the password

for Patrol Officer your deponent

WHEREFORE,

respectfully

requests

arrest warrant be issued so that the defendant be dealt with according to law. Your deponent

DEVON DANIELS may further

6 I have been informed by members of the NYPD lAB that Patrol Officer DEVON DANIELS performed a background check on "GUY CURTIS" from a computer terminal located in an NYPD patrol car assigned within the 111 Precinct on June 20, 2010. However, this background check did not access the FINEST/MDT systems.

On April 21, 2010 at approximately 6:05 p.m., the CURTIS TELEPHONE sent the following text messages to the DANIELS TELEPHONE, "Yea but for some reason they wanna arrest me," (Session C-29114) and "Or put me thru da system." (Session C29115). The DANIELS TELEPHONE immediately replied, "Word yo tonight ima run ya name through the main system to see what comes up and shit.1I (Session C-29118). I have been informed by members of the NYPD lAB that Patrol Officer DEVON· DANIELS performed a background check on "GUY CURTIS" from a computer terminal located in an NYPD patrol car assigned within the 111 Precinct on April 23, 2010. However, this background. check did not access the FINEST/MDT systems.

18 respectfully requests that this affidavit seal. and any arrest warrant

issued be filed under

7

Pathik R. Lotwala Special Agent Drug Enforcement Administration

_u_

Sworn to before me this day of"May 2012

JUDGE

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