EFTA01263112.pdf

Original
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In re: Second Warrant and Order For
Prospective and Historical Location SECOND
Information and Pen Register WARRANT AND ORDER
Information for the Cellphone Assigned
Call Number USAO 2fimage_682B
Reference No. 2018R01618
Second Warrant and Order
for Cellphone Location Information and Pen Register Information
and for Sealing and Non-Disclosure
TO: AT&T ("Service Provider), and any subsequent provider of service to the Target
Cellphone specified below ("Subsequent Service Provider')
Federal Bureau of Investigation ("Investigative Agency")
Upon the Application and Agent Affidavit submitted by the Government in this matter:
I. Findings
The Court hereby finds:
1. The Target Cellphone (the "Target Cellphone") that is the subject of this Order is
assigned call number is subscribed to in the name of "G Max" (the "Subscriber),
and is currently serviced by the Service Provider.
2. Pursuant to 18 U.S.C. § 2703(c)(1)(A) and the applicable provisions of Rule 41 of the
Federal Rules of Criminal Procedure, the Government's application sets forth probable cause to
believe that the prospective and historical location information for the Target Cellphone will reveal
the location of a person to be arrested for suspected violations of 18 U.S.C. §§ 371, 2422, 2423(a),
and 1623 ("the Subject Offenses").
3. Pursuant to 18 U.S.C. § 2703(d), the Government's application also sets forth specific
and articulable facts showing that there are reasonable grounds to believe that the toll records for
the Target Cellphone are relevant and material to an ongoing criminal investigation.
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4. Pursuant to 18 U.S.C. § 3123(b)(1), the Government has certified that the pen register
information for the Target Cellphone is relevant to an ongoing investigation by the Investigating
Agency of GHISLAINE MAXWELL and others unknown in connection with suspected violations
of the Subject Offenses.
5. Pursuant to 18 U.S.C. § 2705(6), there is reason to believe that notification of the
existence of this Warrant and Order will result in flight from prosecution, and/or intimidation of
potential witnesses, or otherwise will seriously jeopardize an ongoing investigation.
NOW, THEREFORE, pursuant to Fed. R. Crim. P. 41,18 U.S.C. §§ 3121 et. eq. , 18 U.S.C.
§§ 2701 et seq., and 18 U.S.C. § 3103a, IT IS HEREBY ORDERED:
II. Order to Service Provider
6. Service Provider. This Order shall apply to the Service Provider specified above, and
to any subsequent provider of service to the Target Cellphone without need for further Order of
this Court.
7. Prospective Location Information. The Service Provider shall provide to the
Investigating Agency on a prospective basis, for a period of 45 days from the date of this Order,
information concerning the location of the Target Cellphone ("Prospective Location
Information"), including all available:
a. precision location information, including GPS data, E-911 Phase 11 data, and
latitude-longitude data; and
b. cell site data, including any data reflecting (a) the cell towers and sectors thereof
utilized in routing any phone, text, or data communication to or from the Target Cellphone, and
(b) the approximate range of the target phone from the cell towers during the communication
(including per-call measurement ("PCM") or round-trip time ("RTT") data);
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8. Historical Location Information and Toll Records. The Service Provider shall
provide to the Investigating Agency all available historical cell site location information reflecting
the cell towers and sectors thereof utilized in routing any phone, text, or data communication to or
from the Target Cellphone, and the approximate range of the target phone from the cell towers
during the communication (PCM/RTT data), for the period from June 1, 2020 through the present,
as well as all available toll records (including call detail, SMS detail, or data session detail records)
for the communications.
9. Pen register with caller identification and/or trap and trace device. The Service
Provider shall provide to the Investigating Agency, for a period of 45 days from the date of this
order, all dialing, routing, addressing, or signaling information associated with each voice, text, or
data communication transmitted to or from the Target Cellphone, including but not limited to:
a. any unique identifiers associated with the phone, including ESN, MEIN,
MSISDN, IMSI, IMEI, SIM, MIN, or MAC address;
b. source and destination telephone numbers and/or Internet protocol ("IP")
addresses;'
c. date, time, and duration of the communication; and
d. cell-site information as specified above.
The Service Provider is not required to provide post-cut-through dialed digits ("PCTDD"), or
digits that are dialed after a telephone call from the Target Phone has been connected. If possible,
the Service Provider will forward only pre-cut-through-dialed digits to the Investigative Agency.
However, if the Service Provider's technical capabilities require it to forward all dialed digits,
including PCTDD, to the Investigative Agency, the Investigative Agency will only decode and
forward to the agents assigned to the investigation, the numbers that are dialed before the call is
cut through.
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10. Technical Assistance. The Service Provider shall furnish the Investigating Agency all
information, facilities, and technical assistance necessary to accomplish the disclosure of all of the
foregoing information relating to the Target Cellphone unobtrusively and with the minimum
interference to the service presently provided to the Subscriber.
11. Non-Disclosure to Subscriber. The Service Provider, including its affiliates, officers,
employees, and agents, shall not disclose the existence of this Warrant and Order, or the underlying
investigation, to the Subscriber or any other person, for a period of one year from the date of this
Warrant and Order, subject to extension upon application to the Court, if necessary.
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III. Additional Provisions
12. Compensation for Costs. The Investigating Agency shall compensate the Service
Provider for reasonable expenses incurred in complying with the Warrant and this Order.
13. Sealing. This Warrant and Order, and the supporting Application and Agent Affidavit,
shall be sealed until otherwise ordered by the Court, except that the Government may without
further order of this Court: serve this Warrant and Order on the Service Provider; provide copies
of the Warrant and Order or the supporting Application and Agent Affidavit as need be to
personnel assisting the Government in the investigation and prosecution of this matter; and
disclose these materials as necessary to comply with discovery and disclosure obligations in any
prosecutions related to this matter.
Dated: New York, New York
6/30/2020 10:08 a.m.
Date Issued Time Issued
Otasoc14 att.
UNITED STATES MAGISTRATE JUDGE
Southern District of New York
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