#3820 P001/009

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#3820 P.002/009


AFFIDAVIT IN SUPPORT OF SEARCH WARRANT Robert Muldoon.being duly sworn, deposes and says: 1. I am a Detective. Shield #165, assigned to the Investigations Bureau of the New York County District Attorney's Office, and as such I am a public servant of the kind specified in Criminal Procedure Law, Section.690.05(r).1 have been a detective with the Investigations Bureau for 1 Y2years, and prior to that was a police officer then detective with the NYPD for 23 years. I have executed and participated in approximately 150 search warrants throughout my career in both .the Investigations Bureau and the NYPD.

2. This premises located at

for a warrant to search the (the "Target Premises'), where

there is reasonable cause to believe that property, proceeds, and evidence of the commission of the below crimes, among others, and an attempt and conspiracy to commit the below crimes, may be found: • • • Grand Larceny (P.L. §155.30et. seq.) Petit Larceny (P.L. §155.25 et. seq.) Computer Tampering (p.L. §156.20 et. seq.)

3. The property, proceeds, and evidence of the COnlImSSlOn~ participation or involvement in the above-described crimes which may be found in the Target Premises, includes, but is not limited to: ,~. 't ~
L.,)Jo, ~

ii. Notes, photographs. forms, recordings and other records and documents, whether, contained on paper in handwriting, typed, photocopy or printed form, or stored on computer printouts, or within computer storage media including, but not limited to, hard drives, USB devices, flash cards and drives, magnetic tape, CD ROM's, disks, diskettes; photo-optical devices, handheld computer devices, or any other medium, of or related to: a. Video clips, content downloaded from Fox News LLC, any and all communications with parties about the downloading andlor sale of video content



#3820 P.003/008

originating at Fox News LLC, any and all communications between Joseph Muto and any representative or employee of Gawker.com iii. any and all records and documents related to the commission of above-mentioned . crimes including, but not limited to stored electronic communications, data, information and images; iv, any and all records-and other evidence of proceeds related to the commission of the above-mentioned crimes, or any other crimes and offenses, including but not limited to documents and records in any format including, but not limited to, stored electronic communications, data, information and images, such as cash transactions or financial transfers derived from the possession of cash, currency, money orders. bank receipts, stocks, bonds, bills and receipts for goods and services, or other financial receipts. and records; v. evidence of passwords which might be used to unlock or decrypt devices found in the Target Premises which might be stored in a locked or encrypted fashion within the computer medium, whether these passwords are letters. numbers, characters, words, or data strings (a sequence of characters); vi. any and all records, however created or stored, which tend to demonstrate ownership and use of the Target Premises, and identification bearing the name or photograph of any person, telephone-books, address books, date. books, calendars, personal papers, and photographs of persons contained in the Target Premises; vii. Electronic communication equipment including, but not limited to, a Blackberry issued. by Fox News.an iPhone, a Verizon telephone with affiliated number ••• _ telephone bases and handsets; cellular telephones; any device capable of sending or receiving electronic communication including. but not limited to, e-mail and text messages; answering machines; paging devices; related items to all such equipment including, but not limited to) auxiliary batteries, chargers, software and wiring; and any stored information, data, and images contained on or in said communication equipment including, but not limited to. stored names and numbers and recorded messages; Evidence of ownership and use of the Target Premises) or the use of property located therein by any person, including, but not limited to, keys, telephone bills, bank statements, leases, deeds. or rent receipts related to the Target Premises Or other documents bearing the address of either Bernadette Serton or Linda Neilan or the Target Premises. identification bearing the name or photograph of any person, telephone books, address books, date books, calendars, or personal papers;


Any and all financial documentation, including. but not limited to, statements for bank accounts. credit or debit cards. checks (blank or fully- or partiallycompleted), bearing, or associated with. the name Joseph Muto; and tending to demonstrate payment from Gawker.com or any affiliate of Gawker.com, and

ix, any and all evidence showing or tending to show the identity of the maker or user of the data and information contained in any electronic storage, media or devices. such as passwords, sign-on codes, and program design.



#3820 P.004/008

It is also requested for evidentiary purposes that this Court grant authorization for law enforcement personnel to photograph, process. and to analyze, test, and in any way scientifically process the Target Premises and items found within it. .


4. With respect to the stored electronic communications, data, information and images contained in computer disks) CD ROMs, hard drives and other data storage devices and media described above, it is also requested that this Court grant permission to search and retrieve the above-described communications, data, infonnation, and images. and print them or otherwise reproduce them by converting them or copying them into storage in another device.

5. It is specifically requested that the search warrant authorize the seizure and removal of any and all electronic storage devices, cellular telephones and other electronic communication devices, related accessories and software for otf-site searching. Based upon my training and experience, theexamination of such devices can be a time-consuming process due to the constantly changing universe of technologies, models, operation systems, and types of content stored. Because of the volwne of evidence and technical requirements of forensic examination. I am aware that searching and seizing information from such devices often requires police officers to seize most or all such devices (along with related peripherals) and software to be searched.later by a qualified person in a laboratory or other controlled environment.

It is also requested that the warrant be deemed executed once any electronic communication equipment, computer disks, CD ROMs, hard drives and other data storage
devices seized have been seized, and that further analysis of these items be permitted at any time thereafter. 7. As set forth below. there is reasonable cause to believe the above described property has been used, or is possessed for purpose of being used to commit or conceal the commission of an offense, and the above described property constitutes evidence or tends to demonstrate that an offense was committed or that a particular person participated in the commission of said offense. My basis for believing that the property is inside the Target Premises is as follows: I am informed by Dianne Brandi, Executive Vice President of Legal and Business Affairs at Fox News Newtork LLC (hereinafter "Fox News"), that during the week of March 28, 2012 she became aware of a video clip that was posted on a website named Gawker.com, The content of the video clip was the property of Fox News and Fox News did not give permission or authority for anyone to download the clip from Fox News or share it with anyone outside Fox News. The Video clip was initially stored and stolen from 1211 Avenue ofth.e Americas; in New York County. An internal investigation at Fox News began, and in the days following) informant became aware of several additional Fox News video clips that had been copied without permission and posted on Gawker.com, After reviewing the internal controls of Fox's video system) informant became aware that one Fox News employee, Joseph Mute, .had accessed the video clips, created edited versions of those clips and copied them (see details below of some clips and postings on Gawker.com). On April 11, 2012 Joseph Muto was confronted about the video clips and postings on Gawker.com, and was suspended from his employment at Fox News. On April 11,2012 another posting appeared on Gawker.com where Joseph Muto appeared in a photograph typing behind a computer, and admitted to being the "Fox Mole," and that "the digital trail" "gave me away."




#3820 P.005/008

I have reviewed a copy of parts of Joseph Muto's HR file from Fox News, and his address is listed on numerous documents as: (the "Target Premises"). That information. in addition to documents from Muto's phone number which confirm his address my basis for believing Mr. Mutolives at the Target Premises. April 10, 2011 Gawker.com Posting Titled, "Announcing Our Newest Hire: A Current Fox News Channel Employee," it contained a first person article written by "The Fox Mole" detailing various complaints about Fox News Channel. Accompanying the article were video clips including an outtake of Mitt Romney talking with Sean Hannity. I'm informed by Dianne Brandi that this video clip is the property of Fox News and was taken without permissionor authority, and was accessed and edited by Joseph Muto. Aprilll~ 2011 Gawker.com Posting Titled, "The Thin White Line that Separates Fox News Staffers from Bill O'Reilley on the Shitter" it contained a first person article by "The Fox Mole" detailing various complaints about the quality of Fox's headquarters. Accompanying the article were photos of bathrooms and hallways at Fox News. Aprill1~ 2011 Gawker.com Posting Titled, "Hi Roger. Its Me, Joe: The Fox Mole," it contained an article written by "Joe Muto" who admits to being the Fox Mole. April 12, 2011 Gawker.com Posting Titled, "How Sean Hannity Learned to Stop Wonying and Love Teleprompters," it criticized Sean Hannity and included a video clip "taken from the same interview I published earlier this week" showing Sean Hannity and Mitt Romney. Dianne Brandi confirmed that this video was the property of Fox News, taken without permission or authority. Based on the above clips as well as the internal audit reviews, I believe Joseph Muto accessed and copied several video clips that were the property of Fox News, and provided them to an outside source. According to Dianne Brandi, the audit revealed that Joseph Muto accessed and. made edited versions of over ten video clips belonging to Fox News. As my review of Gawker.com postings promise there will be additional Fox News information - quoting Muto in the Aprilll posting "stay tuned for much, much more" I believe there will be additional evidence of videos unlawfully downloaded and taken from Fox News on the Target Premises. With Dianne Brandi, I observed Joseph Mute's workstation, an open cubicle area inside Fox News at 1211 Avenue of the Americas on the 1ih floor. At that workstation were, among other things, several computers owned and issued by Fox News, as well as an external hard drive. With the



#3820 P.008/008

permission of informant Brandi on April 17, 2012, I recovered the external hard drive which is now in the custody of the New York County District Attorney's Office. While the external hard drive may have been used to download and store the stolen video, the investigation continues regarding where the video was downloaded to, and then uploaded to Gawker. . Based on the facts of the case, Mr. Muto's admissions to being the "Fox Mole" and taking the videos [see April 11 gawker post by Muto stating "[Fox] knew that someone, using my computer login, had accessed the sources of two videos that ended up on Gawker over the past few weeks,"] it is likely that Mr. Muto used a device like a thumb drive or other mobile media as a way to download and distribute the stolen property. Mr. Muto's statements confirm what the initial video system audit revealed: that Mr. Muto had accessed Fox News video clips with the intent to steal them. download them, and provide them to an outside source. I am also informed by Dianne Brandi that she believes Mr. Mute may have been paid for the video clips by Gawker.com. This information is based on several news media reports including an article in Forbes Magazine (online) by 1. Maureen Henderson. In that article, a representative of Gawker informed Forbes [Jeff'Bercovici] that Muto was "paid $5,000 for his posts and for those videos:' I am asking permission to search the Target Premises for any communications or other content which may verify if Mr. Muto was paid for the theft of the video, as well as how much and by whom. On Reliable Sources, a CNN show, Joseph Muto appeared on April 15; 2012 and when questioned about receiving $5000 from Gawker, would neither confirm nor deny receiving payment for the stolen property, stating in substance, "I'm not going to comment on any financial arrangement that mayor may not have existed with Gawker." Based on the above information - Gawker referring to Muto as an "employee," reports that Muto may have been paid, Muto not denying his receiving payment by Gawker, I believe there may be evidence inside the Target Premises regarding Mute's payment. Finally, I am informed by representatives of Fox News that Joseph Muto was issued a Blackberry phone during the course of his employment at Fox News. I am also informed that Mr. Muto at some point stopped using the Blackberry as his primary means of communication 'for work at Fox News, and instead began using his iPhone. However, the Blackberry was not turned into Fox, nor was it recovered from Mr. Mute's workstation. Informant Brandi observed Mr, Muto possessed an iPhone on April I!, 2012. I have reviewed records from Fox News from Mr. Muto's personnel file, listing his personal telephone number I have reviewed subpoenaed records from Verizon for which confirms that number is subscribed to Joseph Muto at (the Target Premises). Those records also list alternative numbers that as and his HR file confirms the_ number was issued by Fox to Joseph Muto. Based on the above information, I believe evidence of Mr. Muto' s communications with Gawker.com or evidence related to the stolen video may be found on either the Blackberry or the Verizon phone with number which I believe is the same iPhone seen in Mr. Mute's custody at Fox News.

.r ., , .;


#3820 P.007/008

\VHEREFORE, deponent respectfully requests that the court issue a warrant authorizing a search of (the "Target Premises"), for the above described property, and all other related evidence. and (ii) directing that if such evidence is found, it be

brought before the Court


It is also requested that the Court specifically authorizes Law Enforcement to conduct the search in the manners as specifically requested in this affidavit.

No previous application has been made in this matter to any other Judge, Justice, or Magistrate.

Patribia O'Connor APPROVED: Assistant District Attorney

,.' ....

Sworn to before me this A~2~

dge ~n. Matthew' SCIarrino. •



#3820 P.008/008








Cyrus R. Vance, Jr.
District Attorney New York Connty One Hogan Place New York, New York 10013 (212) 335-9000



#3820 P.008/008

PC Form 160 (3/91)




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