Virginia Beach Child Porn Case

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    REDACTED COPY

    REDACTED

    FILED

    MAY   2 6

    ^CLERK, U.S. DISTRICT

    COURT

    AFFIDAVIT IN SUPPORT OF APPLICATION

    NORFOLK,

    va

    FOR ISSUANCE

    OF

    A CRIMINAL COMPLAINT

    2, l#M\Ulr

    I, Kristin B. Joseph, being

    first

    duly swornstate:

     

    I

    am

    a

    Special Agent

    of

    the Department

    of

    Homeland Security, Immigration and Customs

    Enforcement (ICE).

    Homeland

    Security Investigations (HSI), currently assigned to the Office of

    the

    Assistant

    Special Agent inCharge (ASAC), Norfolk,

    Virginia.

    I have

    been

    so

    employed

    since August 2005.

    As

    part

    ofmy

    daily

    duties as an

    HSI

    agent, I investigate criminal violations

    relating to child exploitation

    and

    child

    pornography1

    including violations pertaining to the illegal

    production,

    distribution,

    receipt,

    and possession ofchild pornography, in

    violation

    of  8U.S.C.

    §§ 2251, 2252

    and 2252A. I

    have received

    training

    in

    the

    area

    of

    child

    pornography and child

    exploitation,

    and

    have

    had

    the

    opportunity

    to observe

    and

    review numerous examples ofchild

    pornography

    (as

    defined in 18 U.S.C. § 2256(8)) in all forms ofmedia including computer

    media.

    2. Your affiant hasassisted in the investigation of theoffenses described in thisaffidavit. Asa

    result ofyour affiant's

    participation in

    this

    investigation

    and a

    review

    of reports made

    by other law

    enforcement officers, your affiant is familiar with the circumstances of this

    on-going

    investigation.

    I have

    not

    included each

    and

    every fact known tome in this affidavit, butonly the

    facts

    I believe are

    necessary

    to

    establish

    probable

    cause

    to

    believe DAVID

    ALLISTER

    CAMPBELL

    has

    engaged

    in

    the crimes ofdistribution, receipt,

    and

    possession of child pornography, in violation of 18

    U.S.C.

    §§

    2252(a)(2) and (a)(4)(B).

    L EGAL

    AUTHOR I T Y

    3. 18 U.S.C. § 2252(a)(2) provides that anypersonwhoknowingly receives,or distributes,

    any visual depiction using any means or facility of interstate or foreign commerceor that has

    been mailed, or has been shipped or transported in or affecting interstate or foreign commerce, or

    which contains materials which have been mailed or so shipped or transported, by any means

    including by computer, or knowingly reproduces any visual depiction for distribution using any

    means or facility of interstate or foreign commerce or in or affecting interstate or foreign

    commerce or through the mails, if (A) the producing of such visual depiction involves the use of

    a minor engaging in sexually explicit conduct; and (B) such visual depiction isof such conduct,

    shall be punished.

    4. 18 U.S.C. § 2252(a) (4) (B) prohibits a person from knowingly possessing, or knowingly

    accessing with intent to view, one or more books, magazines, periodicals, films, or other

     Child

    Pornography means any visual depiction, including any photograph, film, video, picture, or

    computer

    or

    computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of

    sexually explicit conduct, where - (A) the production of such visual depiction involves the use of a minor engaging

    in sexually explicit conduct; . . . [or] (C) such visual depiction has been created, adapted, or modified to appear that

    an identifiable minor is engaging in sexually explicit conduct. For conduct occurring after April 30, 2003. the

    definition also includes (B) such visual depiction is a digital image, computer image, or computer-generated image

    that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct. 18U.S.C. § 2256(8).

    Case 2:16-mj-00216 Document 4 Filed 05/04/16 Page 1 of 4 PageID# 6

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    materials

    which contain

    visual

    depictions ofminors

    engaged

    in

    sexually explicit conduct

    that

    have been mailed, shipped or transported using any means or

    facility

    ofinterstate or foreign

    commerce or in or

    affecting

    interstate or foreign commerce, or

    which

    was produced using

    materials which

    have been

    mailed,

    shipped or transported, by any

    means including

    by

    computer.

    PRO LE

    C USE

    TO

     RREST D VID C MP ELL

    5. Onor about November 19,2014,the

    National

    Center forMissing andExploited Children

    (NCMEC)

    received

    information from

    the Microsoft Corporation in which Microsoft

    reported

    that the

    email

    account | ^H^ | msn com

    had,

    on

    several

    occasions

    on

    November 10,

    2014,

    uploaded

    numerous images

    of

    child pornography

    to

    the

    Internet. Microsoft also included

    the Internet

    Protocol

    Address (IP)

    from

    where theactivity occurred. The IP address was

    subsequently

    traced

    to the residence ofDavid

    CAMPBELL

    at ^ ^ ^ | H | ^ ^ ^ H ^ ^ |

    IB Virginia Beach, Virginia,

    ^ ^^ The

    information was forwarded to the Southern

    Virginia

    Internet

    Crimes Against

    Children

    Task

    Force (SOVAICAC)

    at the Virginia Beach

    Police

    Department (VBPD).

    6. Onor aboutMarch23,2015, NCMEC received information froma concerned citizenthat

    someone was

    posting comments

    on an

    online

    Tumblr2

    account

    in which the individual claimed to

    travel toHarrisonburg,

    Virginia,

    to

    engage

    in

    sex

    with underage boys. The reporting

    party

    provided

    the URL as

      http://|H^^^H.com

    as the account making the comments.

    A

    VBPD

    Detective reviewed theTumblrpage andobserved the page was titled Boys Arethe

    Best ,TheDetective also observedthe posting Boysare to be loved and appreciated. Findme

    on Skype and

    Hotmail

    as

    ^^H

    and on Yahoo and

    Twitter

    as

    ^^^^^^H-

    7. On or about December 6, 2015, NCMEC received information from another concerned

    citizen that someone had posteda cartoondepicting children being sexuallyabusedon the

    Tumblr

    account  http://^^H|^HH-com '

    The

    reporting party

    also

    stated

    the user posted

    comments that he regularly had sexualcontactwithunderage boysas youngas 10yearsold. The

    sameVBPDDetective reviewed the Tumblr page and observed it to be the same webpage from

    theprevious NCMEC report. Further, the userof theTumblr pageprovided a Yahoo e-mail

    address for people that wanted to contact him.

    8. As part of the investigation, the Virginia Beach Detective subpoenaed Yahoo Inc.

    (Yahoo ) for subscriber and IP information for the email account provided by the Tumblr user.

    Yahoo responded the subscriber for

    the

    account

    was

    listed as

    David

    CAMPBELL at^|

    |Virginia

    Beach,

    Virginia, |^|

    2Tumblr isa social

    networking

    site that

    allows members

    to post pictures stories and other activities

    2

    Case 2:16-mj-00216 Document 4 Filed 05/04/16 Page 2 of 4 PageID# 7

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    9. On February 25,2016,

    VBPD

    Detectives and agents from the HSI Norfolk executed a

    state search

    warrant at CAMPBELL'S

    residence located

    at

    ^^H^^HI^^^^^^^HI

    Virginia Beach,

    Virginia,H

    Present

    at

    the residence

    was

    CAMPBELL.

    CAMPBELL was

    informed the investigators had

    a

    search

    warrant

    for

    the

    premises and made entry and secured the

    location. During the

    execution of

    the search, CAMPBELL

    was

    read his Miranda Rights and

    he

    agreed

    to

    speak with

    the investigating

    agents. During the

    interview

    CAMPBELL

    admitted

    to

    accidentally uploading

    child pornography

    from

    his B^^^^^Hi@msn'com ema

    account. CAMPBELL statedshortly afterhedid that, MSN

    locked

    outhis

    account.

    CAMPBELL also admitted to the activity that had been reported regarding the Tumblraccount

    and his associatedTwitter account. CAMPBELL stated that he traded child pornography via

    Twitter in

    the

    private direct messaging, but

    not

    onhis public Twitter

    page.

    He

    stated that at the

    time hedidn't think the direct messages were

    monitored

    byTwitter butthat he

    now

    he thinks itis

    because his Twitter account was closed. CAMPBELL further stated that he had been involved

    with child pornography for at

    least 25

    years and would

    consider

    himselfa

    pedophile.

    CAMPBELL stated that

    when

    he

    saw

    a child he would envision the child naked and fantasize

    about engaging in sexual acts with the child. CAMPBELL

    stated that

    hehad never followed

    through with

    his

    fantasies

    andthe

    comments that

    were

    made

    onthe

    Tumblr account

    was just

    fantasy talk.

    10. The search was conducted and the following devices were seized: Acer CPU- S/N:

    DTSRQAA00841083B913000, IBM CPU

    -

    S/N: 81893HULKYD5NT, EMachines CPU

    -

    S/N:

    PTNADOX002909009A09000, LenovoLaptop -

    S/N:

    CB06308917, Two Rosewill External

    HardDrives, Hitachihard Drive, two MaxtorHard Drives,Western Digital Hard Drive,PHR-

    10)A External Hard Drive,

    Seagate External

    Hard Drive,

    Western Digital External hard drive,

    Eight thumb drives, Three SD cards, For CD-R's, Two DVD's.

    11.

    On

    April

    21,2016, a Federal search warrant wasobtained forHSIto conduct

    forensic

    examinations on

    the

    items

    seized

    from

    CAMPBELL S residence. The

    forensic examinations are

    notcomplete yet, but to date the resultshave revealed approximately 5,287 images andvideos of

    child pornographyon multiple computers or storage devices seized from CAMPBELL'S

    residence. An example of some of the files are as follows:

    a. A video entitled 07.mp4 was created on the Acer desktop computer on

    December8,2015 and depicts a prepubescent male engaged in oral-genital sexual intercourse

    with

    an

    adult male.

    b. A video entitled 03.avi was created on the Lenovo laptop computer on

    December

    9,2015

    and depicts a prepubescent male engaged in oral-genital sexual intercourse

    w it h a n

    adu l t male .

    c. A video entitled 2015-09-25 19.22.36.mp4 was created on the Acer desktop

    computer on November 11,2015 and depicts a prepubescent male engaged in anal penetration

    using a foreign object.

    Case 2:16-mj-00216 Document 4 Filed 05/04/16 Page 3 of 4 PageID# 8

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    d. A video entitled 02.mp4

    was created

    on the Lenovo laptop onDecember 8,

    2015 and

    depicts

    two prepubescent males

    engaged

    inoral-genital sexual

    intercourse.

    e. A video entitled al009.avi was created on the Acer desktop computer on

    January 26,2016 and

    depicts

    a prepubescent male

    engaged

    in

    oral-genital sexual intercourse

    with an adu lt male.

    12. Basedon the informationand evidenceset forth above,your affiant respectfullysubmits

    that there

    is

    probable cause

    to

    believe

    thatDAVID ALLISTER CAMPBELL has committed the

    following offenses:

    Count

    One: Onor about November 10, 2014, in

    Virginia

    Beach, in the

    Eastern

    District ofVirginia,

    DAVID ALLISTER

    CAMPBELL

    knowingly

    distributed

    visual

    depictions ofminors

    engaging

    in

    sexually explicit

    conduct, using a means or

    facility

    of

    interstate

    or

    foreign commerce

    orthathas

    been mailed, shipped

    or

    transported

    inor

    affecting interstate

    or

    foreign commerce,

    or

    which contains materials which

    have been

    mailed, shipped

    or

    transported,

    by

    any means

    including

    by

    computer,

    in

    violation

    of

    Title 18,

    United

    States Code, Section

    2252(a)(2); and

    Count Two:

    Onor

    about February

    24,2016, inVirginia Beach, intheEastern

    District

    of

    Virginia,

    DAVID ALLISTER CAMPBELL

    knowingly

    possessed

    material

    which

    contained visual depictions

    of

    minorsengagedin sexually explicitconduct that havebeen

    mailed, shipped or transported using anymeans or facility of interstateor foreign commerce or in

    or affecting interstate or foreign commerce, or whichwasproducedusing materials whichhave

    beenmailed, shipped or transported, by any

    means

    including by computer, in violation of Title

    18, United States Code, Section 2252(a)(4)(B).

    13. Accordingly, I request that a warrant be issued authorizing the arrest

    of

    DAVID

    ALLISTER

    CAMPBELL.

    Kristin B. Joseph

    Special Agent

    Department ofHomeland Security

    Homeland Security Investigations

    Norfolk,

    VA

    Sworn to before me this day

    of

    May, 2016.

    United States Magistrate Judge

    Eastern District ofVirginia

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