R Kelly Search Warrant
R Kelly Search Warrant
R Kelly Search Warrant
EAG/NS/MCM
F. #2019R0029
AFFIDAVIT IN SUPPORT OF
AN APPLICATION FOR A SEARCH WARRANT
I, Sylvette Reynoso, being first duly sworn, hereby depose and state as follows:
information associated with a certain cellular telephone assigned call number (229) 418-8231,
paragraphs and in Attachment A. This affidavit is made in support of an application for a search
copies of the information further described in Section I of Attachment B. Upon receipt of the
Homeland Security Investigations (“HSI”), and have been since 2008. I am currently assigned to
HSI’s New York Office and, more specifically, to a squad that investigates human trafficking
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and alien smuggling matters. Previously, I was assigned to narcotics and counter-proliferation
squads. I am responsible for conducting and assisting in investigations into the activities of
individuals and criminal groups responsible for sex and human trafficking and related offenses.
In that capacity, I have participated in investigations involving the debriefing of sex trafficking
and sex abuse victims, review of telephone records, cell site location and GPS data, review of
money transfer records, surveillance, analysis of pen register information, and the execution of
search warrants, including the execution of search warrants on computers and other electronic
media. As a result of my training and experience, I am familiar with the techniques and methods
of operation used by individuals involved in criminal activity to conceal their activities from
3. The facts in this affidavit come from my personal observations, my training and
experience, and information obtained from other agents and witnesses. This affidavit is intended
to show merely that there is sufficient probable cause for the requested warrant and does not set
4. Based on the facts set forth in this affidavit, there is probable cause to believe that
violations of Title 18, United States Code, Sections 844(i) (arson); 1512(a)(2), 1512(b),
1512(c)(2) and 1512(d) (witness tampering); and 1513(e) (witness retaliation) have been
committed, are being committed, and will be committed by the user of the SUBJECT PHONE.
There is also probable cause to search the information described in Attachment A for evidence,
PROBABLE CAUSE
5. The U.S. Attorney’s Office for the Eastern District of New York and HSI’s New
York Field Office are investigating ROBERT SYLVESTER KELLY, also known as
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“R. KELLY,” and others for their participation in a racketeering enterprise involving bribery,
extortion, the production of child pornography; transportation of women and girls across state
lines to engage in illegal sexual activity, including sexual contact with individuals who were too
young to consent to such activity under state law and failure to notify sexual partners of a
sexually transmitted disease prior to engaging in sexual intercourse in violation of state law, and
related substantive offenses; and for arranging for travel in interstate commerce with intent to
6. On June 20, 2019, a grand jury in the Eastern District of New York returned an
indictment charging KELLY with racketeering involving predicate racketeering acts as to five
different women and four Mann Act violations. See United States v. Robert Sylvester Kelly,
Criminal Docket No. 19-286 (AMD) (E.D.N.Y.). On July 10, 2019, the grand jury returned a
superseding indictment, which added a forfeiture allegation. On December 5, 2019, the grand
jury returned a second superseding indictment, adding an additional predicate act of bribery. On
March 12, 2020, the grand jury returned a third superseding indictment (the “Indictment”)
against KELLY. Among the charges against KELLY in the Indictment were offenses that
carried a ten-year mandatory minimum sentence based on KELLY’s sexual relationship with
enforcement. 1 Several news outlets thereafter reported that Azriel Clary was cooperating with
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Based on my training, experience, and participation in the investigation, I and other law
enforcement agents believe the information provided by Azriel Clary is reliable. Information
provided by Azriel Clary has been corroborated by other evidence, including information
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identifier” for Instagram User ID 32674765793) and mute_azrielclary (the “account identifier”
for Instagram User ID 32947370872) (collectively, the “First Instagram Accounts”) were
created. The names of the accounts appear to be a play on the “Mute R. Kelly” movement,
which began in or about 2017, following years of allegations of sex crimes by KELLY against
women, and advocated for individuals to stop listening to R. Kelly’s music. Based on my
training, experience and knowledge of this investigation, including the information described
herein, there is probable cause to believe that the individuals controlling the First Instagram
Accounts are seeking to stop (i.e., “mute”) Azriel Clary from continuing to cooperate with
intimidating her into not testifying at his upcoming federal trial in this district.
9. In or about April 2020, both of the First Instagram Accounts were publicly
accessible and the content on each was very similar. When the accounts were publicly
accessible, screenshots of the accounts were created. Based on those screenshots, the
obtained from other witnesses, evidence seized from electronic devices, documentary evidence,
telephone records, text messages and consensual recordings. Azriel Clary has engaged the
services of a lawyer and may seek civil remedies against KELLY in the future. Prior to her
cooperation with federal law enforcement, while still engaged in a relationship with KELLY, in a
March 2019 television interview following KELLY’s arrest on various sexual misconduct
charges involving underage girls brought by the Cook County State’s Attorney’s Office, Azriel
Clary publicly claimed that she did not have sex with KELLY when she was 17 years old.
Azriel Clary has advised that such statements were false and made publicly at KELLY’s
direction.
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Based also on those screenshots, the mute_azrielclary account includes the following:
“muteazrielclary” contained four (4) posts, had one (1) follower and was following six (6) other
Instagram accounts, and the Instagram account “mute_azrielclary” contained eight (8) posts, had
seven (7) followers and was following sixty-one (61) other Instagram accounts.
11. Records provided by Instagram reveal that the individuals who created the User
IDs for the First Instagram Accounts provided Instagram with email addresses of
apparently plays on the name Joycelyn Savage, who is a long-time girlfriend of KELLY and, at
least publicly, remains supportive of KELLY. According to Microsoft, neither email account
existed at the time that the government sought records related to the accounts.
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12. While both of the First Instagram Accounts were initially public, the
muteazrielclary account is now private and the mute_azrielclary account is no longer accessible
on Instagram.
13. On or about May 10, 2020, a user of a Twitter account advised the Federal Bureau
of Investigation (“FBI”) of a threat to Azriel Clary via Clary’s Twitter account. The FBI
subsequently reviewed the account, took screenshots and conveyed the information and the
screenshots to HSI. In sum, the screenshots show that on or about May 9, 2020, in response to a
tweet by Azriel Clary on her Twitter account, @theonlyazriel, the user of the Twitter account
wrote, “You’re on my death list and I know where you live can’t wait to kill your punk ass and
what do you mean downfall like you a celebrity bitch please you got clout off that man.” Clary’s
father then responded on Twitter, “You come this way and I promise you you will be a shirt!!!
You can play all the internet Gansta s@@t until someone really step to y’all! All facts!!” The
user of the Twitter Account then wrote, “Stfu you can’t stop me I’ll murder all y’all ass’es
bitch[.]” Based on my training, experience and knowledge of this investigation, there is probable
14. On June 11, 2020, at approximately 2:50 a.m. Eastern Time, a black SUV (the
“Vehicle”), which has been leased from Enterprise Rent-A-Car (“Enterprise”), a commercial
vehicle rental establishment, and which was parked outside of 2101 Rock Drive, Kissimmee,
Florida, the residence in Florida where Azriel Clary was staying (the “Residence”), was set on
fire in an apparent arson. The neighborhood of the Residence is residential in nature, and in light
of the time period during which the arson occurred (i.e., in the middle of the night) and the
relative low density of residences in the vicinity of the Residence, it is unlikely that there were
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substantial telephone communications at the time of day that were not related to the arson. The
Vehicle sustained substantial damage as the result of the arson. Inside of the Residence at the
time of the arson were four adults and two minors. One of the adults reported to law
enforcement, in part and in substance, that upon hearing an explosion, s/he ran outside of the
Residence and saw an individual fleeing from the scene of the fire, whose arm was apparently lit
on fire. Fire investigators also determined that an accelerant was present along some or all of the
15. The SUV was rented in Florida by the father of Azriel Clary from Enterprise, a
business that operates in interstate commerce and whose headquarters is located outside of
16. On June 29, 2020, the government learned of an additional Instagram account,
this one titled mute.azriel.clary (the “account identifier” for Instagram account
Azriel Clary next to the burned vehicle (one that Clary posted to her Instagram account on or
about June 25, 2020) and the text, “SHOOT AZRIEL CLARY” with an emoji of a skull and a
gun and “K1LL AZRIEL CLARY”. As of June 29, 2020, the mute.azriel.clary account contains
three posts, has 57 followers and is following 141 other Instagram accounts.
17. On June 15, 2020, the Honorable Ramon E. Reyes, Jr., United States Magistrate
Judge for the Eastern District of New York, authorized a search warrant to Google for users who
had searched the address of the Residence close in time to the arson. Among the individuals who
“IP Addresses”) on June 10, 2020 at 10:29 p.m. Eastern Time; June 11, 2020 at 12:59 a.m.
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Eastern Time and June 11, 2020 at 1:04 a.m. Eastern Time. As noted above, the arson took place
at approximately 2:50 a.m. Eastern Time on June 11, 2020. Verizon Wireless records show that
the IP addresses at those particular times belonged to telephone number (786) 459-8432 (the
Valdosta, Georgia. The investigation of KELLY previously revealed that Michael Williams at
202 Hollywood Street in Valdosta, Georgia was a family member of Cavonttey Jones, also
18. On June 11, 2020, the Honorable Roanne L. Mann, United States Magistrate
Judge for the Eastern District of New York, authorized a search warrant on various phone
companies that operated cell towers serving the Residence. The results of that search warrant
showed that among the telephone numbers that were served by those cell towers on June 11,
2020 between 2:00 a.m. and 3:30 a.m. was the 8432 Telephone. 2
19. On July 3, 2020, the Honorable James Orenstein, United States Magistrate Judge
for the Eastern District of New York, authorized a search warrant on Verizon Wireless for
location information associated with the 8432 Telephone. Verizon Wireless records show that
the 8432 Telephone traveled from the vicinity of Valdosta, Georgia (where Michael Williams
resides and where the 8432 Telephone was on June 10, 2020 at 7:40 p.m.), to the vicinity of
Kissimmee, Florida (where the Residence is located and where the 8432 Telephone was on June
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The government is still awaiting receipt of the search warrant response from T-
Mobile.
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11, 2020 at 3:31 a.m.), 3 to the vicinity of Lake City, Florida (where the 8432 Telephone was on
June 11, 2020 at 5:31 a.m.), and finally back to the vicinity of Valdosta, Georgia (where the 8432
20. As detailed in this paragraph, there is probable cause to believe that Cavonttey
Jones, also known as “Kash Jones,” has used telephone number (347) 835-2161 (the “2161
Michael Williams, but public records link the telephone to Jones. Furthermore, on March 17,
21. As detailed in this paragraph, there is probable cause to believe that Michael
Williams used the SUBJECT PHONE, in addition to the 8432 Telephone. Specifically, in or
about 2015, Michael Williams submitted an application for a United States passport, on which he
listed his email address as mikewill437@gmail.com. Google records indicate that the SUBJECT
PHONE is listed as the recovery telephone number for the mikewill437@gmail.com email
review of telephone records for the SUBJECT PHONE shows regular communications between
the 2161 Telephone and the SUBJECT PHONE, including in June 2020. Significantly, a review
of the telephone records for the SUBJECT PHONE shows that the user of the SUBJECT
PHONE was using it both before and after the time of the arson. For example, on June 11, 2020,
at 12:44 a.m., the 2161 Telephone placed a telephone call to the SUBJECT PHONE and the call
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During a second telephone call placed on June 11, 2020 at 3:31 a.m., the 8432
Telephone was in the vicinity of Winter Garden, Florida (approximately 30 miles from
Kissimmee, Florida).
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lasted approximately 193 seconds. At 3:20 a.m., the SUBJECT PHONE sent two text messages
to (229) 973-2218, indicating the SUBJECT PHONE was being used at this time.
22. In my training and experience, I have learned that T-Mobile is a company that
provides cellular telephone access to the general public. I also know that providers of cellular
telephone service have technical capabilities that allow them to collect and generate information
about the locations of the cellular telephones to which they provide service, including cell-site
data, also known as “tower/face information” or “cell tower/sector records.” Cell-site data
identifies the “cell towers” (i.e., antenna towers covering specific geographic areas) that received
a radio signal from the cellular telephone and, in some cases, the “sector” (i.e., faces of the
towers) to which the telephone connected. These towers are often a half-mile or more apart,
even in urban areas, and can be 10 or more miles apart in rural areas. Furthermore, the tower
closest to a wireless device does not necessarily serve every call made to or from that device.
Accordingly, cell-site data provides an approximate location of the cellular telephone but is
typically less precise than other types of location information, such as E-911 Phase II data or
23. Based on my training and experience, I know that T-Mobile can collect cell-site
data about the SUBJECT PHONE. I also know that wireless providers such as T-Mobile
typically collect and retain cell-site data pertaining to cellular phones to which they provide
service in their normal course of business in order to use this information for various business-
related purposes.
24. Based on my training and experience, I know that T-Mobile also collects per-call
measurement data, which T-Mobile also refers to as the “Real-Time Tool” (“RTT”), “Advanced
Timing Data” and/or “Per Call Measurement Data” (“PCMD”). RTT, Advanced Timing Data
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and PCMD data estimates the approximate distance of the cellular device from a cellular tower
based on the speed with which signals travel between the device and the tower. This information
can be used to estimate an approximate location range that is more precise than typical cell-site
data.
25. Based on my training and experience, I know that wireless providers such as T-
Mobile typically collect and retain information about their subscribers in their normal course of
business. This information can include basic personal information about the subscriber, such as
name and address, and the method(s) of payment (such as credit card account number) provided
by the subscriber to pay for wireless telephone service. I also know that wireless providers such
as T-Mobile typically collect and retain information about their subscribers’ use of the wireless
service, such as records about calls or other communications sent or received by a particular
phone and other transactional records, in their normal course of business. In my training and
experience, this information may constitute evidence of the crimes under investigation because
the information can be used to identify the SUBJECT PHONE’s user or users and may assist in
AUTHORIZATION REQUEST
26. Based on the foregoing, I request that the Court issue the proposed search
warrant, pursuant to 18 U.S.C. § 2703(c) and Federal Rule of Criminal Procedure 41.
27. I further request that the Court direct T-Mobile to disclose to the government any
control. Because the warrant will be served on T-Mobile, who will then compile the requested
records at a time convenient to it, reasonable cause exists to permit the execution of the
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28. I further request that the Court order that all papers in support of this application,
including the affidavit and search warrant, be sealed until further order of the Court. These
documents discuss an ongoing criminal investigation that is neither public nor known to the
targets of the investigation. Accordingly, there is good cause to seal these documents
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because their premature disclosure may seriously jeopardize that investigation, including by
giving targets an opportunity to destroy or tamper with evidence, change patterns of behavior,
Respectfully submitted,
SYLVETTE REYNOSO
Special Agent
Department of Homeland Security, Homeland
Security Investigations
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ATTACHMENT A
Property to Be Searched
This warrant applies to records and information associated with the cellular telephone
assigned call number (229) 418-8231 (“the Account”), that are stored at premises controlled by
ATTACHMENT B
To the extent that the information described in Attachment A is within the possession,
custody, or control of the Provider, including any information that has been deleted but is
still available to the Provider or that has been preserved pursuant to a request made under 18
U.S.C. § 2703(f), the Provider is required to disclose to the government the following
information pertaining to the Account listed in Attachment A for the time period June 10,
2020 at 6:00 p.m. Eastern Time until June 11, 2020 at 11:59 p.m. Eastern Time (which
converts to June 10, 2020 at 10 p.m. UTC until June 12, 2020 at 3:59 a.m. UTC):
iv. Records of session times and durations, and the temporarily assigned
network addresses (such as Internet Protocol (“IP”) addresses) associated
with those sessions;
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viii. Means and source of payment for such service (including any credit card
or bank account number) and billing records.
b. All records and other information (not including the contents of communications)
including:
ii. information regarding the cell tower and antenna face (also known as
and/or “PCMD”)
All information described above in Section I that constitutes evidence, fruits, contraband,
and instrumentalities of violations of Title 18, United States Code, Sections 844(i) (arson);
1512(a)(2), 1512(b), 1512(c)(2) and 1512(d) (witness tampering); and 1513(e) (witness
retaliation) involving the user of the Account during the period from June 10, 2020 at 6:00 p.m.
Eastern Time until June 11, 2020 at 11:59 p.m. Eastern Time.
Law enforcement personnel (who may include, in addition to law enforcement officers
and agents, attorneys for the government, attorney support staff, agency personnel assisting the
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government in this investigation, and outside technical experts under government control) are
authorized to review the records produced by the Provider in order to locate the things