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AO 91 (Rev.

01/09) Criminal Complaint

for the
District of Nebraska
United States of America )
v. )
) Case No.8: 12MJ189
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JUN 27 2012
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
District of On or about the date of in the county of
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Nebraska , the defendant violated
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U. S. C. ... ... ... , an offense described as follows:
On or about May 30, 2012, the defendant, TIMOTHY J. FOSTER, did by false pretenses enter into secured and/or restricted areas
of an airport.
In violation of 18 U.S.C. 1036(a)(4).
This criminal complaint is based on these facts:
gJ Continued on the attached sheet.
Complainant's signature
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name and title
Sworn to before me and signed in my presence.
City and state: , U.S. MAGISTRATE JUDGE
j Cep" ';v tJ SA
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Before me personally appeared this date, Chris Meztista, Special Agent, Federal Bureau of
Investigation (FBI), who being duly sworn, deposes and says that:
A. Introduction
1. Your affiant has been a Special Agent of the FBI for three and one half (3 1/2) years.
Your affiant has been assigned to investigate alleged violations of Federal statutes including
numerous violations of Title 18, United States Code. Your affiant has received specialized
training in the investigation and prosecution of criminal cases through FBI training. Your affiant
has received additional training in the area of domestic terrorism, including the investigation of
crimes directed against transportation facilities.
2. This affidavit is made in support of a criminal complaint for Timothy John Foster, white,
male, born June 28, 1991, height 6'4", weight 220 pounds, who resides at 206 S 19
Apartment 301, Omaha, Nebraska 68107. A photograph of Timothy John Foster has been
attached (see Attachment A). Timothy John Foster is currently employed as a bellman at the
Hilton Hotel, which is located at 1001 Cass Street, Omaha, Nebraska 68102. This affidavit is
based upon personal observation and knowledge of your affiant as well as information provided to
me by other law enforcement officers and agents during the course of their investigation into the
unauthorized access into areas secured by the Omaha Airport Authority. Since this is an affidavit
to demonstrate probable cause to believe that crimes have been committed, and evidence of said
crimes will be discovered in the places to be searched, not all facts uncovered by the investigation
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are recited herein, but no facts uncovered by the investigation which would tend to negate a finding
of probable cause have been omitted.
B. Factual Background
3. Your affiant and other law enforcement agents and officers have been investigating entry
by false pretenses into the secure area of Omaha's Eppley Airfield. Your affiant is familiar with
the facts and circumstances surrounding the entry into the secured area by Timothy John Foster.
4. The access to the secure area of Omaha's Eppley Airfield by Timothy John Foster is in
direct violation ofthe secure area established by the Omaha Airport Authority. During the course
ofthe period of unauthorized access Timothy John Foster not only accessed the areas ofthe airport
which he was prohibited from accessing but also accessed the proprietary computer system of
United Airlines for a period of six weeks beginning approximately April, 2012.
C. Chronology - Unauthorized Access
5. In mid-March of2012, Timothy John Foster was offered a voucher for an oversold United
Airlines (UA) flight at Omaha's Eppley Airfield. Foster indicated that he would take the voucher.
The gate agent whom he interacted with was Rita Purkapile. During this interaction, Timothy
John Foster indicated to Rita Purkapile that he was a part-time United Airlines employee who lived
in Omaha and commuted to work in Portland, Oregon.
6. Approximately, one month later, Rita Purkapile saw Timothy John Foster, when he
approached her at Omaha's Eppley Airfield and asked her if she remembered him. He started
discussing the new computer program that United Airlines was using to manage seating and
reservations. Timothy John Foster told Rita Purkapile that gate operations in Portland were
different than they were in Omaha, and he asked if he could "shadow" her so he could learn the
differences. At that time, she told him to clear it through both oftheir bosses and that it would not
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be a problem.
7. Subsequently, Timothy John Foster indicated to Rita Purkapile this training had been
approved by their bosses. Timothy John Foster would call Rita Purkapile the night before he
wanted to shadow her during her shift. Rita Purkapile worked the 4am to 12pm shift. If Timothy
John Foster got there before she went back to the gates, she would meet him at the United Airlines
ticket counter and escort him to the United Airlines gates, which required her to escort him through
areas only accessible with a Secure Identification Display Area (SIDA) badge. Timothy John
Foster worked two days per week for approximately six weeks shadowing Rita Purkapile.
D. Attempted Verification of Badges Worn by Timothy John Foster
8. During the course of reviewing closed circuit television recordings of Omaha's Eppley
Airfield Timothy John Foster was observed on video and in person wearing three badges on his
shirt. One of the badges on Timothy John Foster's shirt appears to affiant to be a Portland (PDX)
SIDA badge. Additionally, Rita Purkapile, who observed the badges inperson, believed the top
badge was a Portland SIDA badge. While this badge would not give him access to Omaha's
Eppley Airfield's restricted areas, it would assist in making Timothy John Foster look like a
legitimate United Airlines employee.
9. Checks with United Airlines Corporate Security confirmed Timothy John Foster was an
employee with SkyWest, a United Airlines subsidiary from October 16,2010 through November
18,2010. United Airlines Corporate Security stated that Timothy John Foster was terminated.
According to SkyWest manager Shawn Sullivan, Timothy John Foster was terminated for
discrepancies on his job application with SkyWest. Shawn Sullivan also stated any badges
Timothy John Foster may have had in his possession should have been turned in at the time of his
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10. Based on photographs depicting Timothy John Foster wearing identification badges and
descriptions of the badges he was wearing, agents believe one of the badges may have been from
the Portland International Airport (POX). FBI Portland searched the POX SIOA database for
badges issued to Timothy John Foster, with negative results. United Airlines and SkyWest
management at POX were also interviewed and only knew Timothy John Foster from the recent
internal communications which were disseminated regarding this incident.
11. Your affiant is aware from his training and experience, that often individuals will use
computers in order to produce or order fraudulent identification and other documents. Your
affiant also knows from experience that individuals who produce fraudulent documentation also
maintain templates for that production on various forms of electronic media. Your affiant knows
that templates for the production of fraudulent documents can be stored on computers, tablet
computers, flash media, portable digital media players, recordable media to include but not
exclusive to compact discs, digital video discs and external hard drives, mobile phones, video
game consoles, digital cameras and in printers.
12. Your affiant is aware that the Portland International Airport (POX) did not ever issue a
POX SIOA badge to Timothy John Foster. Furthermore, in the event that Timothy John Foster
had been issued a POX SIOA badge, upon his termination from employment with SkyWest, he
would have been required to tum in the badge and no longer authorized to exercise the privileges
associated with the badge. Your affiant knows that Timothy John Foster has continued to use
what appears to be a POX SIOA badge in order to circumvent security and gain access to restricted
areas at Omaha's Eppley Airfield in direct violation of Title 18 USC Section 1036 as well as to
obtain access to a computer used in the function of interstate transportation in direct violation of
Title 18 USC Section 1030.
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E. Conclusion
13. Based upon the above-stated facts and circumstances, your affiant believes that there is
probable cause to believe that Timothy John Foster used fraudulent identification to access
restricted computers and the secure area at Omaha's Eppley Airfield in violation of 18 United
States Code, Section 1030 and 1036. Your affiant respectfully requests a warrant to arrest
Timothy John Foster to be issued.
E ~
E. 'stopher Meztista, Jr.
Special Agent
Federal Bureau of Investigation
Sworn to and subscribed before me this h
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