AO
91
Rev. 11/11) Criminal Complaint
UNITED ST TES DISTRICT COURT
FILE
United States
o
America
v.
for the Eastern District
o
California Case No.
FEB
2 8
2 14
CLERK, U.S. DISTRICT COURT EASTERNQISTAICTOF CALIFORNIA
Y
c s >~
C )
DEPUTY
CLER~
Brian Caputo
) )
) ) ) ) )
5:14-mj-00008-JL
T
Defendant s)
CRIMIN L COMPL INT
I
the complainant
in
this case, state that the following
is
true to the best
o
my knowledge and belief. On
or
about the date s)
o
2008
February 2014
in
the county
o
Kern
in
the
Eastern
District
o
California ,
the defendant s) violated:
Code Section
Title 18 U.S.C sec. 2251 a) Title 18 U.S.C. sec. 2252 a) 2)
Offense Description
Sexual Exploitation
of
a Minor Receipt and/or Distribution
of
Child Pornography
This criminal complaint
is
based on these facts: Continued on the attached sheet. Sworn to before me and signed
in
my presence. Date:
02/28/2014
City and state:
Bakersfi_le_ld_ _C_A~~~~-
Jennifer
L
Thurston United States Magistrate Judge
Printcd name
nd
title
Case 1:14-cr-00041-LJO-SKO Document 1 Filed 02/28/14 Page 1 of 12
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
I
Jeffrey
R.
Jones, being duly sworn, state as follows:
Introduction and gent Background
I
I am a Special Agent
o
the Federal Bureau oflnvestigation (FBI), and have been so employed since February 2011. I am presently assigned to the Sacramento Division, Bakersfield Resident Agency. My training and experience have included courses addressing basic criminal law, federal court procedures, and various investigative techniques. Since July 2011, I have had the opportunity to work and assist in investigations
o
Innocent Images matters, an FBI national initiative focused on the investigation
o
child sexual exploitation involving the internet. As part
o
my duties as an FBI agent, I have observed and reviewed numerous examples
o
child pornography in multiple forms
o
media, including computer media. In the course
o
my employment, I have assisted in the execution
o
numerous search warrants, including several relating to child exploitation investigations. As part
o
my duties, I investigate criminal violations relating to child sexual exploitation, including violations pertaining to the illegal production, distribution, receipt and possession
o
visual depictions
o
minors engaged in sexually explicit conduct and child pornography (as those terms are defined in
18
U.S.C.
§
2256 and hereinafter referred to collectively as child pornography ) in violation
o
18
U S.C.
§
2251(a) and
18
U.S.C.
§
2252(a)(2).
2.
This affidavit is submitted in support
o
a criminal complaint for BRIAN CAPUTO
o
Arvin, California. As articulated below, there is probable cause to believe that CAPUTO has violated the two statutes summarized, in relevant parts, below. Title
18
U.S.C.
§
2251(a) -which subjects to criminal prosecution anyone who
Case 1:14-cr-00041-LJO-SKO Document 1 Filed 02/28/14 Page 2 of 12
persuades, induces, entices, or coerces any minor to engage in any sexually explicit conduct for the purpose
o
producing any visual depiction
o
such conduct or for the purpose
o
transmitting a live visual depiction
o
such conduct, shall be punished
i
such person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility
o
interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed,
i
that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or
i
such visual depiction has actually been transported or transmitted using any means or facility
o
interstate or foreign commerce or in or affecting interstate or foreign commerce ; and Title
18
U.S.C.
§
2252(a)(2), which makes it a crime for any person to knowingly receive, or distribute, any visual depiction using any means or facility
o
interstate or foreign commerce
i
the image contains materials which have been shipped or transported, by any means including by computer, and
i
(a) the producing
o
such a visual involves a minor engaging in sexually explicit conduct and (b) such visual depiction is
o
such conduct.
3
The facts set forth in this affidavit are based on my review
o
records related to this investigation and communications with others who have knowledge
o
the events and circumstances described herein. Because this affidavit is submitted for the limited purpose
o
establishing probable cause in support
o
the criminal complaint, it does not set forth all
o
the facts that I or others have learned during the course
o
this investigation.
Statement
o
Probable ause
4
Based upon my knowledge, training, and experience and the experience
o
other law enforcement personnel, I know that the internet is a world-wide computer network that 2
Case 1:14-cr-00041-LJO-SKO Document 1 Filed 02/28/14 Page 3 of 12
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