This document is an affidavit in support of an application for a search warrant of certain AOL email accounts. The affidavit was written by Senior Special Agent Sharon K. Whitaker of the ATF. The affidavit provides background on Agent Whitaker's experience and the investigation into violations of federal arson and fraud statutes. It describes AOL as an internet service provider that stores electronic data on its computers. Probable cause is asserted to search five specified AOL email accounts believed to contain evidence of federal crimes relating to arson.
This document is an affidavit in support of an application for a search warrant of certain AOL email accounts. The affidavit was written by Senior Special Agent Sharon K. Whitaker of the ATF. The affidavit provides background on Agent Whitaker's experience and the investigation into violations of federal arson and fraud statutes. It describes AOL as an internet service provider that stores electronic data on its computers. Probable cause is asserted to search five specified AOL email accounts believed to contain evidence of federal crimes relating to arson.
This document is an affidavit in support of an application for a search warrant of certain AOL email accounts. The affidavit was written by Senior Special Agent Sharon K. Whitaker of the ATF. The affidavit provides background on Agent Whitaker's experience and the investigation into violations of federal arson and fraud statutes. It describes AOL as an internet service provider that stores electronic data on its computers. Probable cause is asserted to search five specified AOL email accounts believed to contain evidence of federal crimes relating to arson.
This document is an affidavit in support of an application for a search warrant of certain AOL email accounts. The affidavit was written by Senior Special Agent Sharon K. Whitaker of the ATF. The affidavit provides background on Agent Whitaker's experience and the investigation into violations of federal arson and fraud statutes. It describes AOL as an internet service provider that stores electronic data on its computers. Probable cause is asserted to search five specified AOL email accounts believed to contain evidence of federal crimes relating to arson.
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Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 1 of 24
United States District C
u.s. DISTRICTCOURT JUN -22009 ___ DISTRICT OF In the Matter of the Search of (Name. address or Brief description of person. property or premises to be searched) Certain accounts controlled by AOL L.L.C. Eastern District of Virginia 22000 AOL Way Dulles, VA 20166 Deputy APPLICAT ON AND AFFIDAVIT FOR SEARCH WARRANT CASE NUMBER: 3: oq.;JJJ - (7g I Sharon K. Whitaker being duly sworn depose and say: I am a(n) Senior Special Agent with the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (DOJIATF) and have reason to believe that XX_ on the property or premises known as (name, description andlor location) The accounts to be searched are those assigned to Blaise Clerc Hancock (Blaise Hancock), CBYW@aol.com, muscletraveler@aol.com, Brevard N. Hudson ("Pete" Hudson), NYCmsI4msl@aol.com, and Clint Joseph Allen, (Clint Allen) twinallen02@aol.com, which are further described in the following paragraphs and in Attachment A. in the District of there is now concealed a certain person or property, namely (describe the person or property to be seized) (SEE ATTACHMENT A). which is (state one or more bases for search and seizure set forth under Rule 41(b) of the Federal Rules of Criminal Procedure) property that constitutes evidence of the commission of a crime, contraband, the fruits of crime, and is, otherwise, criminally possessed, concerning a violation of Title United States code, Section(s) _.....:3;....:7..,:1...... , to support a finding of Probable Cause are as follows: facts (SEE ATTACHED AFFIDAVIT OF SENIOR SPECIAL AGENT SHARON K. WHITAKER) XX Yes No /;:;:::: . /r,/ )
/7 Signature of Affiant SHARON K. WHITAKER Senior Special Agent, DOJIATF Continued on the attached sheet and made a part hereof. Sworn to before me, and subscribed in my presence June 2, 2009 Date I at Dallas, Texas City and State IRMA C. RAMIREZ United States Magistrate Judge Name and Title of Judicial Officer United States District C u.s. DISTRICTCOURT JUN -22009 ___ DISTRICT OF In the Matter of the Search of (Name. address or Brief description of person. property or premises to be searched) Certain accounts controlled by AOL L.L.C. Eastern District of Virginia 22000 AOL Way Dulles, VA 20166 Deputy APPLICAT ON AND AFFIDAVIT FOR SEARCH WARRANT CASE NUMBER: 3: oq.;JJJ - (7g I Sharon K. Whitaker being duly sworn depose and say: I am a(n) Senior Special Agent with the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (DOJIATF) and have reason to believe that XX_ on the property or premises known as (name, description andlor location) The accounts to be searched are those assigned to Blaise Clerc Hancock (Blaise Hancock), CBYW@aol.com, muscletraveler@aol.com, Brevard N. Hudson ("Pete" Hudson), NYCmsI4msl@aol.com, and Clint Joseph Allen, (Clint Allen) twinallen02@aol.com, which are further described in the following paragraphs and in Attachment A. in the District of there is now concealed a certain person or property, namely (describe the person or property to be seized) (SEE ATTACHMENT A). which is (state one or more bases for search and seizure set forth under Rule 41(b) of the Federal Rules of Criminal Procedure) property that constitutes evidence of the commission of a crime, contraband, the fruits of crime, and is, otherwise, criminally possessed, concerning a violation of Title United States code, Section(s) _.....:3,-,7.....:1-,,-, to support a finding of Probable Cause are as follows: facts (SEE ATTACHED AFFIDAVIT OF SENIOR SPECIAL AGENT SHARON K. WHITAKER) XX Yes No /;:;:::: . /r,/ )
/7 Signature of Affiant SHARON K. WHITAKER Senior Special Agent, DOJIATF Continued on the attached sheet and made a part hereof. Sworn to before me, and subscribed in my presence June 2, 2009 Date I at Dallas, Texas City and State IRMA C. RAMIREZ United States Magistrate Judge Name and Title of Judicial Officer Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 2 of 24 AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH WARRANT I, Senior Special Agent Sharon K Whitaker, being first duly sworn, hereby depose and state as follows: A. Introduction and Agent Background 1. I make this affidavit in support of an application for a search warrant for certain accounts controlled by AOL L.L.C., located in the Eastern District of Virginia, at 22000 AOL Way., Dulles, VA. 20166. The accounts to be searched are those assigned to Blaise Clerc Hancock (Blaise Hancock), CBYW@aol.com, muscletraveler@aol.com, Brevard N. Hudson ("Pete" Hudson), NYCmsI4msl@aol.com, and Clint Joseph Allen, (Clint Allen) twinallen02@aol.com, which are further described in the following paragraphs and in Attachment A. As set forth herein, there is probable cause to believe that on the computer systems of AOL L.L.C.. , there exists evidence, fruits, and instrumentalities of violations of Title 18 United States Code, Sections 844(h), 1341, 1343, and 371. 2. I am a Special Agent of the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), assigned to the Dallas Division, Group II Arson Task Force Office, and have been employed by the ATF for approximately twenty- four years. As a Special Agent of the ATF, my duties include the investigation of offenses including violations of Title 18 United States Code, relating to Arson. 3. The facts set forth below are based upon your affiant's personal observations, reports and information provided to your affiant relative to this investigation. This affidavit is intended to show that there is probable cause for this search warrant and does not purport to set forth all of your affiant's knowledge of or investigation in this matter. 4. In my experience I have learned that AOL L.L.C. (AOL) is a web hosting company that provides data storage to the general public via Internet connections. I learned that electronic data is stored on the computers under the control of AOL, and that AOL does not in the regular course of business delete or remove electronic data from their clients' accounts, but that the account holders may delete stored information. Further, upon request, AOL may prevent the permanent removal of stored electronic data by account holders. I am aware that computers located at AOL contain information and other stored electronic communications belonging to unrelated third parties. Accordingly, this affidavit and application for search warrant seek authorization solely to search the computer accounts and/or files described in Attachment A, utilizing the procedures detailed in Attachment A. AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH WARRANT I, Senior Special Agent Sharon K Whitaker, being first duly sworn, hereby depose and state as follows: A. Introduction and Agent Background 1. I make this affidavit in support of an application for a search warrant for certain accounts controlled by AOL L.L.C., located in the Eastern District of Virginia, at 22000 AOL Way., Dulles, VA. 20166. The accounts to be searched are those assigned to Blaise Clerc Hancock (Blaise Hancock), CBYW@aol.com, muscletraveler@aol.com, Brevard N. Hudson ("Pete" Hudson), NYCmsI4msl@aol.com, and Clint Joseph Allen, (Clint Allen) twinallen02@aol.com, which are further described in the following paragraphs and in Attachment A. As set forth herein, there is probable cause to believe that on the computer systems of AOL L.L.C.. , there exists evidence, fruits, and instrumentalities of violations of Title 18 United States Code, Sections 844(h), 1341, 1343, and 371. 2. I am a Special Agent of the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), assigned to the Dallas Division, Group II Arson Task Force Office, and have been employed by the ATF for approximately twenty- four years. As a Special Agent of the ATF, my duties include the investigation of offenses including violations of Title 18 United States Code, relating to Arson. 3. The facts set forth below are based upon your affiant's personal observations, reports and information provided to your affiant relative to this investigation. This affidavit is intended to show that there is probable cause for this search warrant and does not purport to set forth all of your affiant's knowledge of or investigation in this matter. 4. In my experience I have learned that AOL L.L.C. (AOL) is a web hosting company that provides data storage to the general public via Internet connections. I learned that electronic data is stored on the computers under the control of AOL, and that AOL does not in the regular course of business delete or remove electronic data from their clients' accounts, but that the account holders may delete stored information. Further, upon request, AOL may prevent the permanent removal of stored electronic data by account holders. I am aware that computers located at AOL contain information and other stored electronic communications belonging to unrelated third parties. Accordingly, this affidavit and application for search warrant seek authorization solely to search the computer accounts and/or files described in Attachment A, utilizing the procedures detailed in Attachment A. Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 3 of 24 B. Search Procedure 5. In order to facilitate seizure by law enforcement of the records and information described in Attachment A, this affidavit and application for search warrant seek authorization to permit employees of AOL to assist agents in the execution of this warrant. In executing this warrant, the following procedures will be implemented: a. A preservation request will be sent to AOL requesting that the electronic data stored in the AOL accounts specified in this search warrant be retained and prevented from being removed. b. The search warrant will be presented to AOL personnel who will be directed to isolate those accounts and files described in Section II of Attachment A; c. In order to minimize any disruption of computer service to innocent third parties, AOL employees will create an exact duplicate of the computer accounts and files described in Section II of Attachment A, including an exact duplicate of all information stored in the computer accounts and files described in Section II of Attachment A. With AOL's consent, law enforcement personnel trained in the operation of computers may provide support for this process and/or may create the exact duplicate described above; d. AOL employees will provide the exact duplicate in electronic form of the accounts and files described in Section II of the Attachment A, and all information stored in those accounts and files to the agent who serves this search warrant; and e. Law enforcement personnel will thereafter review all information and records received from AOL employees to determine the information to be seized by law enforcement personnel pursuant to Section III of Attachment A. C. Background Regarding Computers and the Internet 6. I have training and experience in the investigation of computer-related crimes. Based on my training, experience, and knowledge, or inquiries of those with more extensive knowledge of computer related crimes, I know the following: a. The Internet is a worldwide network of computer systems operated by governmental entities, corporations, and universities. In order to access the Internet, an individual computer user must subscribe to an access 2 B. Search Procedure 5. In order to facilitate seizure by law enforcement of the records and information described in Attachment A, this affidavit and application for search warrant seek authorization to permit employees of AOL to assist agents in the execution of this warrant. In executing this warrant, the following procedures will be implemented: a. A preservation request will be sent to AOL requesting that the electronic data stored in the AOL accounts specified in this search warrant be retained and prevented from being removed. b. The search warrant will be presented to AOL personnel who will be directed to isolate those accounts and files described in Section II of Attachment A; c. In order to minimize any disruption of computer service to innocent third parties, AOL employees will create an exact duplicate of the computer accounts and files described in Section II of Attachment A, including an exact duplicate of all information stored in the computer accounts and files described in Section II of Attachment A. With AOL's consent, law enforcement personnel trained in the operation of computers may provide support for this process and/or may create the exact duplicate described above; d. AOL employees will provide the exact duplicate in electronic form of the accounts and files described in Section II of the Attachment A, and all information stored in those accounts and files to the agent who serves this search warrant; and e. Law enforcement personnel will thereafter review all information and records received from AOL employees to determine the information to be seized by law enforcement personnel pursuant to Section III of Attachment A. C. Background Regarding Computers and the Internet 6. I have training and experience in the investigation of computer-related crimes. Based on my training, experience, and knowledge, or inquiries of those with more extensive knowledge of computer related crimes, I know the following: a. The Internet is a worldwide network of computer systems operated by governmental entities, corporations, and universities. In order to access the Internet, an individual computer user must subscribe to an access 2 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 4 of 24 provider, which operates a host computer system with direct access to the Internet. The World Wide Web ("www") is a functionality of the Internet which allows users of the Internet to share information; b. With a computer connected to the Internet, an individual computer user can make electronic contact with millions of computers around the world. This connection can be made by any number of means, including modem, local area network and wireless; c. Each computer connected to the Internet is assigned an Internet Protocol (IP) address, used for identification. The Internet Protocol address (or "IP" address) is a unique numeric address used by computers on the Internet. An IP address looks like a series of four numbers, each in the range 0-255, separated by periods (e.g., 192.121.2.1). Every computer attached to the Internet must be assigned an IP address so that Internet traffic sent from and directed to that computer may be directed properly from its source to its destination. Most Internet Service Providers control a range of IP addresses, which they assign to their subscribers. No two computers on the Internet can have the same IP address at the same time. Thus, at any given moment, an IP address is unique to the computer to which it has been assigned and: d. Data can be transferred between computers connected to the Internet, and stored on large storage devices known as servers. Servers may contain the data belonging to one individual, a related group, or many unrelated groups and individuals. e. Computer hardware, software, documents, e-mails, passwords, and data security devices may be important to a criminal investigation in two distinct and important respects: (1) the objects themselves may be instrumentalities, fruits, or evidence of crime, and/or (2) the objects may have been used to collect and store information about crimes (in the form of electronic data). Rule 41 of the Federal Rules of criminal Procedure permits the government to search and seize computer hardware, software, documentation, passwords, and data security devices which are (1) instrumentalities, fruits, or evidence of crime; or (2) storage devices for information about crime. 3 provider, which operates a host computer system with direct access to the Internet. The World Wide Web ("www") is a functionality of the Internet which allows users of the Internet to share information; b. With a computer connected to the Internet, an individual computer user can make electronic contact with millions of computers around the world. This connection can be made by any number of means, including modem, local area network and wireless; c. Each computer connected to the Internet is assigned an Internet Protocol (IP) address, used for identification. The Internet Protocol address (or "IP" address) is a unique numeric address used by computers on the Internet. An IP address looks like a series of four numbers, each in the range 0-255, separated by periods (e.g., 192.121.2.1). Every computer attached to the Internet must be assigned an IP address so that Internet traffic sent from and directed to that computer may be directed properly from its source to its destination. Most Internet Service Providers control a range of IP addresses, which they assign to their subscribers. No two computers on the Internet can have the same IP address at the same time. Thus, at any given moment, an IP address is unique to the computer to which it has been assigned and: d. Data can be transferred between computers connected to the Internet, and stored on large storage devices known as servers. Servers may contain the data belonging to one individual, a related group, or many unrelated groups and individuals. e. Computer hardware, software, documents, e-mails, passwords, and data security devices may be important to a criminal investigation in two distinct and important respects: (1) the objects themselves may be instrumentalities, fruits, or evidence of crime, and/or (2) the objects may have been used to collect and store information about crimes (in the form of electronic data). Rule 41 of the Federal Rules of criminal Procedure permits the government to search and seize computer hardware, software, documentation, passwords, and data security devices which are (1) instrumentalities, fruits, or evidence of crime; or (2) storage devices for information about crime. 3 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 5 of 24 D. AOL L.L.C. Data Hosting Provider 7. During this investigation, I have learned the following about the business practices of AOL L.L.C. (AOL): a. AOL is a company that provides data storage and web hosting services for the general public. AOL also provides domain name registration through a third party for the general public. Subscribers obtain an account by registering with AOL. AOL requests subscribers to provide basic information, such as name, address, telephone and other personal/biographical information. AOL does not in the regular course of business delete or purge information from their clients' accounts, that the clients store and remove information as needed. AOL does, at the request of law enforcement, in the anticipation of a subpoena or search warrant for information stored by AOL, accept requests for preservation of information contained in customer accounts to prevent the permanent deletion or removal of information from their system. b. AOL maintains electronic records pertaining to the individuals and companies for which they maintain subscriber accounts. These records may include account access information, and account application information; c. Subscribers to AOL may access their accounts on servers maintained and/or owned by AOL from any computer connected to the Internet located anywhere in the world; and d. An AOL subscriber can store files, including e-mails and image files, on servers maintained and/or owned by AOL. E. Stored Wire and Electronic Communication Access 8. Title 18 United States Code (U.S.C.), Chapter 121, Sections 2701 through 2712, is entitled the "Stored Communications Act" ("SCA"). Section 2703 of the SCA sets forth the procedure that federal and state law enforcement officers must follow to compel disclosure of various categories of stored records from network service providers. As shown from the following provisions of Section 2703, the government may compel 4 D. AOL L.L.C. Data Hosting Provider 7. During this investigation, I have learned the following about the business practices of AOL L.L.C. (AOL): a. AOL is a company that provides data storage and web hosting services for the general public. AOL also provides domain name registration through a third party for the general public. Subscribers obtain an account by registering with AOL. AOL requests subscribers to provide basic information, such as name, address, telephone and other personal/biographical information. AOL does not in the regular course of business delete or purge information from their clients' accounts, that the clients store and remove information as needed. AOL does, at the request of law enforcement, in the anticipation of a subpoena or search warrant for information stored by AOL, accept requests for preservation of information contained in customer accounts to prevent the permanent deletion or removal of information from their system. b. AOL maintains electronic records pertaining to the individuals and companies for which they maintain subscriber accounts. These records may include account access information, and account application information; c. Subscribers to AOL may access their accounts on servers maintained and/or owned by AOL from any computer connected to the Internet located anywhere in the world; and d. An AOL subscriber can store files, including e-mails and image files, on servers maintained and/or owned by AOL. E. Stored Wire and Electronic Communication Access 8. Title 18 United States Code (U.S.C.), Chapter 121, Sections 2701 through 2712, is entitled the "Stored Communications Act" ("SCA"). Section 2703 of the SCA sets forth the procedure that federal and state law enforcement officers must follow to compel disclosure of various categories of stored records from network service providers. As shown from the following provisions of Section 2703, the government may compel 4 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 6 of 24 disclosure of all stored content and records or other information pertaining to a customer or subscriber of an electronic communication service or remote computer service pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure. a. Title 18 U.S.C. Section 2703(a) provides, in part: A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation or equivalent State warrant. A governmental entity may require the disclosure by a provider of electronic communications services of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection (b) of this section. b. Title 18 U.S.C. Section 2703(b) provides, in part: (1) A governmental entity may require a provider of remote computing service to disclose the contents of any electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection- (A) without required notice to the subscriber or customer, if the governmental entity obtains a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant (2) Paragraph (1) is applicable with respect to any electronic communication that is held or maintained on that service - (A) on behalf of, and received by means of 5 disclosure of all stored content and records or other information pertaining to a customer or subscriber of an electronic communication service or remote computer service pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure. a. Title 18 U.S.C. Section 2703(a) provides, in part: A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation or equivalent State warrant. A governmental entity may require the disclosure by a provider of electronic communications services of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection (b) of this section. b. Title 18 U.S.C. Section 2703(b) provides, in part: (1) A governmental entity may require a provider of remote computing service to disclose the contents of any electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection- (A) without required notice to the subscriber or customer, if the governmental entity obtains a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant (2) Paragraph (1) is applicable with respect to any electronic communication that is held or maintained on that service - (A) on behalf of, and received by means of 5 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 7 of 24 electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such remote computing service; and (B) Solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processmg. 9. Title 18 U.S.C. Section 2703(a) provides that a court with jurisdiction over an offense may issue a search warrant. An offense committed in more than one district may be prosecuted in any district in which the offense was begun, continued, or completed. Title 18 U.S.C. Section 3237(a). Accordingly, if the Northern District Court of Texas has jurisdiction over the offense, the court may properly issue a search warrant ordering the search and production of electronic evidence from an out-of district internet service provider pursuant to Title 18, United States Code, Section 2703(a). See In Re Search of Yahoo, Inc., 2007 WL 1539971, (D. Az. May 21, 2007). F. Probable Cause 10. In November 2008, I was requested by Dallas Fire Department (DPD) Arson Investigators to join an investigation involving Blaise Hancock (Hancock) and the incendiary fire of a property located at 1402 Rowan Avenue, Dallas, TX. This investigation concerned allegations that Blaise Hancock, in conspiracy with Brevard N. Hudson, Clint Joseph Allen, Clay Joseph Allen, and Oliver "Paxton" Allen, caused an incendiary fire of Hancock's home located at 1402 Rowan Avenue, Dallas, TX on December 2, 2007. Hancock then committed mail fraud by submitting fraudulent leases, checks, and other correspondence via the US Mail and via fax to SAFECO Insurance and Housing Headquarters. 11. Title 18 U.S.C. Section 844(h) provides that whoever (1) uses fire or an explosive to commit any felony which may be prosecuted in a court of the United States, 6 electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such remote computing service; and (B) Solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processmg. 9. Title 18 U.S.C. Section 2703(a) provides that a court with jurisdiction over an offense may issue a search warrant. An offense committed in more than one district may be prosecuted in any district in which the offense was begun, continued, or completed. Title 18 U.S.C. Section 3237(a). Accordingly, if the Northern District Court of Texas has jurisdiction over the offense, the court may properly issue a search warrant ordering the search and production of electronic evidence from an out-of district internet service provider pursuant to Title 18, United States Code, Section 2703(a). See In Re Search of Yahoo, Inc., 2007 WL 1539971, (D. Az. May 21, 2007). F. Probable Cause 10. In November 2008, I was requested by Dallas Fire Department (DPD) Arson Investigators to join an investigation involving Blaise Hancock (Hancock) and the incendiary fire of a property located at 1402 Rowan Avenue, Dallas, TX. This investigation concerned allegations that Blaise Hancock, in conspiracy with Brevard N. Hudson, Clint Joseph Allen, Clay Joseph Allen, and Oliver "Paxton" Allen, caused an incendiary fire of Hancock's home located at 1402 Rowan Avenue, Dallas, TX on December 2, 2007. Hancock then committed mail fraud by submitting fraudulent leases, checks, and other correspondence via the US Mail and via fax to SAFECO Insurance and Housing Headquarters. 11. Title 18 U.S.C. Section 844(h) provides that whoever (1) uses fire or an explosive to commit any felony which may be prosecuted in a court of the United States, 6 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 8 of 24 or (2) carries an explosive during the commission of any felony which may be prosecuted in a court of the United States, including a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device shall, in addition to the punishment provided for such felony, be sentenced to imprisonment for five years but not more than 15 years. 12. Title 18 U.S.C. Section 371, provides that if two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. 13. Title 18 U.S.C. Section 1341, provides that whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than five years, or both. If the violation affects a financial institution, such person shall be fined not more than $ 1 million or imprisoned not more than 30 years, or both. 14. Title 18 U.S.C. Section 1343, provides that whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. 7 or (2) carries an explosive during the commission of any felony which may be prosecuted in a court of the United States, including a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device shall, in addition to the punishment provided for such felony, be sentenced to imprisonment for five years but not more than 15 years. 12. Title 18 U.S.C. Section 371, provides that if two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. 13. Title 18 U.S.C. Section 1341, provides that whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than five years, or both. If the violation affects a financial institution, such person shall be fined not more than $ 1 million or imprisoned not more than 30 years, or both. 14. Title 18 U.S.C. Section 1343, provides that whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. 7 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 9 of 24 15. On December 2,2007, Dallas Fire Department responded to a structure fire at a home located at 1402 Rowan Avenue, Dallas, TX. The fire was found to be incendiary with at least two points of origin. The main fire appeared to have been set in a centrally located, first floor closet, which had been loaded with a large amount of combustible material. A five gallon propane tank had been placed in close proximity to the closet. The ceiling had been removed from the closet so that the fire would vent to the second story and roof of the structure. Investigators found very little clothing in the bedroom closets and most of the clothing found appeared to be thrift shop quality. 16. The investigation revealed that the 1402 Rowan Avenue home was owned by Blaise Clerc Hancock (Hancock), white male, date of birth: June 6, 1968. Hancock lists his occupation as an actor/writer/consultant and maintains a separate residence in New York City at 520 West 48 th Street, Apartment #3E. For approximately 12 years, Hancock was a domestic partner with Brevard N. Hudson, black male, date of birth March 30, 1972. Hudson resided at the New York address with Hancock at the time period surrounding the fire. Hancock stated to Dallas Fire Department (DFD) investigators that he was in a close friend/romantic relationship with Clint Allen, a white male, date of birth: August 14, 1961, who resides in Lewisville, Texas. Hancock stated that he met Clint Allen on the internet. Clint Allen loaned Hancock $50,000 cash to purchase the Rowan Avenue home. Clint Allen was later interviewed by DFD investigators and stated that he is originally from Alexandria, Louisiana and has an identical twin brother, Clay Allen. 17. The investigation revealed that Hancock purchased the Rowan Avenue home in a foreclosure sale in June 2007 for approximately $54,000. The house was in severe disrepair. Hancock insured the property through SAFECO Insurance for approximately $861,000, based on square footage alone. John Iantorno, investigator with the Special Investigations Unit (SIU) of SAFECO Insurance, stated that SAFECO representatives attempted several times to have the home inspected to make sure that the amount of insurance was correct. Hancock cancelled each appointment they made and never met with the inspectors. SAFECO sent the insurance policy in the amount of$861,000 to Hancock in error without the inspection being completed. After the fire, Hancock stated to SAFECO SIU Investigators, the Dallas Fire Department and in a SAFECO examination under oath, that he had completed extensive remodeling of the house prior to the fire. After the fire occurred, Hancock made an insurance claim for the entire amount, plus contents which initially totaled approximately $1.2 Million dollars. The insurance claim, which includes a very large amount for living expenses, attorney fees, etc. is now over $3 Million dollars. 8 15. On December 2,2007, Dallas Fire Department responded to a structure fire at a home located at 1402 Rowan Avenue, Dallas, TX. The fire was found to be incendiary with at least two points of origin. The main fire appeared to have been set in a centrally located, first floor closet, which had been loaded with a large amount of combustible material. A five gallon propane tank had been placed in close proximity to the closet. The ceiling had been removed from the closet so that the fire would vent to the second story and roof of the structure. Investigators found very little clothing in the bedroom closets and most of the clothing found appeared to be thrift shop quality. 16. The investigation revealed that the 1402 Rowan Avenue home was owned by Blaise Clerc Hancock (Hancock), white male, date of birth: June 6, 1968. Hancock lists his occupation as an actor/writer/consultant and maintains a separate residence in New York City at 520 West 48 th Street, Apartment #3E. For approximately 12 years, Hancock was a domestic partner with Brevard N. Hudson, black male, date of birth March 30, 1972. Hudson resided at the New York address with Hancock at the time period surrounding the fire. Hancock stated to Dallas Fire Department (DFD) investigators that he was in a close friend/romantic relationship with Clint Allen, a white male, date of birth: August 14, 1961, who resides in Lewisville, Texas. Hancock stated that he met Clint Allen on the internet. Clint Allen loaned Hancock $50,000 cash to purchase the Rowan Avenue home. Clint Allen was later interviewed by DFD investigators and stated that he is originally from Alexandria, Louisiana and has an identical twin brother, Clay Allen. 17. The investigation revealed that Hancock purchased the Rowan Avenue home in a foreclosure sale in June 2007 for approximately $54,000. The house was in severe disrepair. Hancock insured the property through SAFECO Insurance for approximately $861,000, based on square footage alone. John Iantorno, investigator with the Special Investigations Unit (SIU) of SAFECO Insurance, stated that SAFECO representatives attempted several times to have the home inspected to make sure that the amount of insurance was correct. Hancock cancelled each appointment they made and never met with the inspectors. SAFECO sent the insurance policy in the amount of$861,000 to Hancock in error without the inspection being completed. After the fire, Hancock stated to SAFECO SIU Investigators, the Dallas Fire Department and in a SAFECO examination under oath, that he had completed extensive remodeling of the house prior to the fire. After the fire occurred, Hancock made an insurance claim for the entire amount, plus contents which initially totaled approximately $1.2 Million dollars. The insurance claim, which includes a very large amount for living expenses, attorney fees, etc. is now over $3 Million dollars. 8 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 10 of 24 18. Neighbors reported to Dallas Fire Department responders and investigators that they saw a green SUV type vehicle and a small white hatchback type car at the residence a short time before the fire, and that both vehicles were being loaded with items from the home. Neighbors stated that the green SUV left the property first. Neighbors reported that a man left the home carrying a small dog and placed it in the white car just before driving away. The neighbors stated that this was the same small dog that was often walked by Clint Allen in the neighborhood. The neighbors stated that it was only a few minutes after the white hatchback left the house that smoke and fire started pouring out the back door. Dallas Fire Department investigators viewed video taken from a traffic camera at the intersection near Hancock's home. The video showed the roof of a white vehicle leaving Hancock's street just prior to the fire being reported. Affiant has verified that Clay Allen drives a small white car, and that Clint Allen drives a green SUV. 19. Dallas Fire Investigators conducted separate interviews with Blaise Hancock and Clint Allen. Hancock claimed he was out of town the day of the fire and provided contact information for a couple in San Antonio with whom he stayed the weekend. Capt. Russ Batchelor of the Dallas Fire Department Arson Unit contacted the couple who stated Hancock did stay with them that weekend, but that they were very surprised when he called and asked to see them. The woman went to school with Hancock and stated they periodically hear from him, but he had never stayed with them before. They found it somewhat out of the ordinary when he requested to stay with them. 20. Clint Allen told Dallas Fire Department investigator, David Hickman, that he left the Rowan Avenue home on Saturday morning, December 1, 2007, to see family in Alexandria, Louisiana, specifically a sister, Cassandra Allen Brice, (now Cassandra Allen), who had just had a hysterectomy. He stated that he spent a large amount of time with her that weekend. 21. After reviewing Clint Allen's cellular telephone records, Affiant called an Alexandria, Louisiana telephone number listed on the records and identified the owner of that telephone number as Oliver "Paxton" Allen, the father of Clint and Clay Allen (twins). Agent Whitaker called Paxton Allen. He stated that he remembered the December weekend in question because his son Clint's friend lost his Dallas house to a fire. He stated that Clint did visit him that weekend and stayed at the Pineville, Louisiana Days Inn. He stated that Clay Allen did not come to Louisiana to visit him that weekend. 22. Affiant contacted the manager of the Pineville Louisiana Days Inn, who 9 18. Neighbors reported to Dallas Fire Department responders and investigators that they saw a green SUV type vehicle and a small white hatchback type car at the residence a short time before the fire, and that both vehicles were being loaded with items from the home. Neighbors stated that the green SUV left the property first. Neighbors reported that a man left the home carrying a small dog and placed it in the white car just before driving away. The neighbors stated that this was the same small dog that was often walked by Clint Allen in the neighborhood. The neighbors stated that it was only a few minutes after the white hatchback left the house that smoke and fire started pouring out the back door. Dallas Fire Department investigators viewed video taken from a traffic camera at the intersection near Hancock's home. The video showed the roof of a white vehicle leaving Hancock's street just prior to the fire being reported. Affiant has verified that Clay Allen drives a small white car, and that Clint Allen drives a green SUV. 19. Dallas Fire Investigators conducted separate interviews with Blaise Hancock and Clint Allen. Hancock claimed he was out of town the day of the fire and provided contact information for a couple in San Antonio with whom he stayed the weekend. Capt. Russ Batchelor of the Dallas Fire Department Arson Unit contacted the couple who stated Hancock did stay with them that weekend, but that they were very surprised when he called and asked to see them. The woman went to school with Hancock and stated they periodically hear from him, but he had never stayed with them before. They found it somewhat out of the ordinary when he requested to stay with them. 20. Clint Allen told Dallas Fire Department investigator, David Hickman, that he left the Rowan Avenue home on Saturday morning, December 1, 2007, to see family in Alexandria, Louisiana, specifically a sister, Cassandra Allen Brice, (now Cassandra Allen), who had just had a hysterectomy. He stated that he spent a large amount of time with her that weekend. 21. After reviewing Clint Allen's cellular telephone records, Affiant called an Alexandria, Louisiana telephone number listed on the records and identified the owner of that telephone number as Oliver "Paxton" Allen, the father of Clint and Clay Allen (twins). Agent Whitaker called Paxton Allen. He stated that he remembered the December weekend in question because his son Clint's friend lost his Dallas house to a fire. He stated that Clint did visit him that weekend and stayed at the Pineville, Louisiana Days Inn. He stated that Clay Allen did not come to Louisiana to visit him that weekend. 22. Affiant contacted the manager of the Pineville Louisiana Days Inn, who 9 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 11 of 24 verified that someone checked into the inn under the name Clint Allen at 4:52 pm on December 1, 2007 for a two night stay. The manager stated that the person used a Louisiana Drivers License ending in 5863 as identification and paid with a MasterCard. The person used telephone number 318-640-3852 (Oliver Paxton Allen's telephone) as a contact number. 23. Hancock provided telephone records for his Bumin' Media cell phone for the time period related to the fire to the Dallas Fire Department. Bumin' Media is a publishing business owned by Blaise Hancock. The records show the call where Hancock was informed of the fire by Capt. Russ Batchelor via a Dallas Fire Department telephone number on December 3, 2007. Hancock stated that he was sleeping when he received this call and that it was the first moment he knew of the fire. The records show Hancock immediately hung up from that call, dialed Brevard Hudson, and then dialed 214-930- 4992. The call lasted approximately 5 minutes. A subpoena was requested to obtain the Verizon records and cell site towers for 214-930-4992. Verizon provided information showing that this telephone is a "phone in a box" that could be purchased at any Verizon retailer. Records show the telephone was activated on November 30, 2007, at approximately 11 :36 a.m., with a "minutes" card and no identification was provided upon activation. Verizon security personnel stated that there is no way to trace the purchase of the card. The first telephone number called on this telephone, after activation, was Blaise Hancock's Bumin' Media cell phone. 24. Blaise Hancock stated in his SAFECO Examination Under Oath (EUO) that on Saturday, December 1,2007, he left his home unoccupied and locked at 8 am to travel to San Antonio. Cell site tower records for Saturday, December 1st (the day prior to the fire) showed the following information related to telephone number 214-930-4992 (the box phone). At 7:48 am the first call made by this telephone pinged off (or hit) cell tower site # 142, which is located at 4809 Hamilton Avenue in Dallas, TX. Mapquest records show that this tower is located approximately one minute from Blaise Hancock's home. The records showed that calls were made at that location from 7:48 am to 11 :17 am with telephone calls by the box phone to Clay Allen's personal cell phone 214-668-8805, from the box phone to the box phone's voice mail, and calls made from Blaise Hancock's Bumin' Media telephone to the box phone's voice mail. 10 verified that someone checked into the inn under the name Clint Allen at 4:52 pm on December 1, 2007 for a two night stay. The manager stated that the person used a Louisiana Drivers License ending in 5863 as identification and paid with a MasterCard. The person used telephone number 318-640-3852 (Oliver Paxton Allen's telephone) as a contact number. 23. Hancock provided telephone records for his Bumin' Media cell phone for the time period related to the fire to the Dallas Fire Department. Bumin' Media is a publishing business owned by Blaise Hancock. The records show the call where Hancock was informed of the fire by Capt. Russ Batchelor via a Dallas Fire Department telephone number on December 3, 2007. Hancock stated that he was sleeping when he received this call and that it was the first moment he knew of the fire. The records show Hancock immediately hung up from that call, dialed Brevard Hudson, and then dialed 214-930- 4992. The call lasted approximately 5 minutes. A subpoena was requested to obtain the Verizon records and cell site towers for 214-930-4992. Verizon provided information showing that this telephone is a "phone in a box" that could be purchased at any Verizon retailer. Records show the telephone was activated on November 30, 2007, at approximately 11 :36 a.m., with a "minutes" card and no identification was provided upon activation. Verizon security personnel stated that there is no way to trace the purchase of the card. The first telephone number called on this telephone, after activation, was Blaise Hancock's Bumin' Media cell phone. 24. Blaise Hancock stated in his SAFECO Examination Under Oath (EUO) that on Saturday, December 1,2007, he left his home unoccupied and locked at 8 am to travel to San Antonio. Cell site tower records for Saturday, December 1st (the day prior to the fire) showed the following information related to telephone number 214-930-4992 (the box phone). At 7:48 am the first call made by this telephone pinged off (or hit) cell tower site # 142, which is located at 4809 Hamilton Avenue in Dallas, TX. Mapquest records show that this tower is located approximately one minute from Blaise Hancock's home. The records showed that calls were made at that location from 7:48 am to 11 :17 am with telephone calls by the box phone to Clay Allen's personal cell phone 214-668-8805, from the box phone to the box phone's voice mail, and calls made from Blaise Hancock's Bumin' Media telephone to the box phone's voice mail. 10 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 12 of 24 The next call which was made by the box phone to Brevard Hudson's New York cell phone 646-483-9568, hit cell site tower 114 located at 10222 E. Zacha St., Dallas, TX at 11 :48 am. At 12:21 pm, calls were made from the box phone to Clint Allen's personal cellular telephone 972-800-6132. Those calls hit cell site tower 301, located at 9073 Garland Rd., Dallas, TX. At 12:52 pm, a call was made by Clay Allen's personal cell phone 214-668-8805 to the box phone's voice mail. That call hit cell site tower 143, located at 2212 Highland Rd., Dallas, TX. At 12:53 pm, a call was made by Clay Allen's personal cell phone to the box phone's voice mail, hitting cell site tower #114 at 10222 E. Zacha Street, Dallas, TX. At 12:54 pm, calls were made again hitting cell site tower 142 located at 4809 Hamilton Avenue, Dallas, TX. These calls included calls from Clay Allen's cell phone to the box phone's voice mail, calls from the box phone to Paxton Allen's telephone in Alexandria, Louisiana, calls by the box phone to its own voice mail, calls to Brevard Hudson, and calls to a Ray Kennedy at a North Carolina cell number. The last call was placed to the box phone voice mail at this location by Blaise Hancock's Bumin Media cell phone at 10:44 pm. The cell site location of this box phone shows that someone carrying this phone was in the immediate vicinity or inside of Blaise Hancock's 1402 Rowan home for approximately nine hours the night before the fire. On Sunday morning, December 2,2007, at 7:54 am, Dallas Fire Department received the first report of a fire at 1402 Rowan Avenue. Cell site towers records show that the first call placed by the box phone at 7:57 am hit cell tower site #90, located at 3306 Roseland Avenue, Dallas, TX, approximately eight minutes from the fire scene. That call was placed by the box phone number to Paxton Allen's telephone number in Alexandria, Louisiana. Another call was placed to Paxton Allen's telephone number within that same minute. Records show that Paxton Allen's telephone number then placed two calls at 8:01 and 8:02 am to the box phone voice mail. At 8:03 am the box phone called Paxton Allen's telephone. That call hit cell site tower #131 located at 3131 Turtle Creek Blvd. in Dallas. At 8:05 am Clay Allen's personal cell phone called the box phone voice mail while still near the Turtle Creek cell site tower. At 9:03 am Clay Allen's cell phone called the box phone voice mail. That call hit cell site tower #321 located at 303 N. Garden Ridge Blvd. in Lewisville, TX. 11 The next call which was made by the box phone to Brevard Hudson's New York cell phone 646-483-9568, hit cell site tower 114 located at 10222 E. Zacha St., Dallas, TX at 11 :48 am. At 12:21 pm, calls were made from the box phone to Clint Allen's personal cellular telephone 972-800-6132. Those calls hit cell site tower 301, located at 9073 Garland Rd., Dallas, TX. At 12:52 pm, a call was made by Clay Allen's personal cell phone 214-668-8805 to the box phone's voice mail. That call hit cell site tower 143, located at 2212 Highland Rd., Dallas, TX. At 12:53 pm, a call was made by Clay Allen's personal cell phone to the box phone's voice mail, hitting cell site tower #114 at 10222 E. Zacha Street, Dallas, TX. At 12:54 pm, calls were made again hitting cell site tower 142 located at 4809 Hamilton Avenue, Dallas, TX. These calls included calls from Clay Allen's cell phone to the box phone's voice mail, calls from the box phone to Paxton Allen's telephone in Alexandria, Louisiana, calls by the box phone to its own voice mail, calls to Brevard Hudson, and calls to a Ray Kennedy at a North Carolina cell number. The last call was placed to the box phone voice mail at this location by Blaise Hancock's Burnin Media cell phone at 10:44 pm. The cell site location of this box phone shows that someone carrying this phone was in the immediate vicinity or inside of Blaise Hancock's 1402 Rowan home for approximately nine hours the night before the fire. On Sunday morning, December 2,2007, at 7:54 am, Dallas Fire Department received the first report of a fire at 1402 Rowan Avenue. Cell site towers records show that the first call placed by the box phone at 7:57 am hit cell tower site #90, located at 3306 Roseland Avenue, Dallas, TX, approximately eight minutes from the fire scene. That call was placed by the box phone number to Paxton Allen's telephone number in Alexandria, Louisiana. Another call was placed to Paxton Allen's telephone number within that same minute. Records show that Paxton Allen's telephone number then placed two calls at 8:01 and 8:02 am to the box phone voice mail. At 8:03 am the box phone called Paxton Allen's telephone. That call hit cell site tower #131 located at 3131 Turtle Creek Blvd. in Dallas. At 8:05 am Clay Allen's personal cell phone called the box phone voice mail while still near the Turtle Creek cell site tower. At 9:03 am Clay Allen's cell phone called the box phone voice mail. That call hit cell site tower #321 located at 303 N. Garden Ridge Blvd. in Lewisville, TX. 11 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 13 of 24 The next call from the box phone is at 9:10 am to a now disconnected Verizon cell phone, number 817-559-8284. (No cell site tower information available) The next call was a call by the box phone to Clay Allen's voice mail at 9:10 am. This call hit cell site tower #322 located 1894 Cindy Lane, Lewisville, TX, approximately two minutes from 1723 Creekpoint Drive, Lewisville, TX, a home owned by Clint Allen. At 10:43 am two calls are placed by the box phone to Clint Allen's cellular number, 972-800-6132. Those calls hit cell site tower #125 located at 1140 Empire Central Drive, Dallas, TX. At 1O:43am the box phone called Paxton Allen's Alexandria, Louisiana, telephone number while hitting cell site tower 92 located at 9457 Denton Drive, Dallas, TX At 10:46 am and 10:47 am, the box phone calls Paxton Allen's telephone number in Alexandra, Louisiana, hitting tower 92 and then cell tower 88 located at 11026 Ables Lane, Dallas, TX. At 12:55 pm, Blaise Hancock's Bumin' Media cell phone called the box phone voice mail hitting cell site tower 322 at 1894CindyLane,Lewisville,TX. Atl:51 pm the box phone calls its own voice mail still hitting cell site tower 322. At 2:29 pm the box phone called information. At 2:32 pm Blaise Hancock's Bumin' Media phone called the box phone hitting cell site tower 24 located at 391 E. Round Grove Rd., Lewisville, TX, approximately eight minutes from Clint Allen's Creekpoint address. At 3:07 pm the box phone called Blaise Hancock's Bumin' Media cell phone twice, hitting cell site tower 142, located at 4809 Hamilton Ave., Dallas, approximately one minute from the Rowan address. At 3: 16 pm, the box phone places two calls to Clint Allen's personal cell phone while still hitting cell site tower 123, located at 1461 Medical District Dr., Dallas, TX. At 3: 17 pm, Blaise Hancock's Bumin' Media cell phone calls the box phone while it is hitting cell site tower 123 and then cell site tower 61, located at 11930 Harry Hines Blvd. Dallas, TX. At 4:01 pm Clay Allen's personal cell phone called the box phone hitting cell site tower 322 located at 1894 Cindy Lane, Lewisville, TX. At 4: II pm, 4: 12 pm, 4:28 pm, and 5:23 pm, the box phone called Clay Allen's cell phone, still hitting cell site tower 322. From 5:40 pm to 5:45 pm the box phone dialed a series of 800 numbers while still hitting cell site tower 322. 12 The next call from the box phone is at 9:10 am to a now disconnected Verizon cell phone, number 817-559-8284. (No cell site tower information available) The next call was a call by the box phone to Clay Allen's voice mail at 9:10 am. This call hit cell site tower #322 located 1894 Cindy Lane, Lewisville, TX, approximately two minutes from 1723 Creekpoint Drive, Lewisville, TX, a home owned by Clint Allen. At 10:43 am two calls are placed by the box phone to Clint Allen's cellular number, 972-800-6132. Those calls hit cell site tower #125 located at 1140 Empire Central Drive, Dallas, TX. At 1O:43am the box phone called Paxton Allen's Alexandria, Louisiana, telephone number while hitting cell site tower 92 located at 9457 Denton Drive, Dallas, TX At 10:46 am and 10:47 am, the box phone calls Paxton Allen's telephone number in Alexandra, Louisiana, hitting tower 92 and then cell tower 88 located at 11026 Ables Lane, Dallas, TX. At 12:55 pm, Blaise Hancock's Bumin' Media cell phone called the box phone voice mail hitting cell site tower 322 at 1894CindyLane,Lewisville,TX. Atl:51 pm the box phone calls its own voice mail still hitting cell site tower 322. At 2:29 pm the box phone called information. At 2:32 pm Blaise Hancock's Bumin' Media phone called the box phone hitting cell site tower 24 located at 391 E. Round Grove Rd., Lewisville, TX, approximately eight minutes from Clint Allen's Creekpoint address. At 3:07 pm the box phone called Blaise Hancock's Bumin' Media cell phone twice, hitting cell site tower 142, located at 4809 Hamilton Ave., Dallas, approximately one minute from the Rowan address. At 3: 16 pm, the box phone places two calls to Clint Allen's personal cell phone while still hitting cell site tower 123, located at 1461 Medical District Dr., Dallas, TX. At 3: 17 pm, Blaise Hancock's Bumin' Media cell phone calls the box phone while it is hitting cell site tower 123 and then cell site tower 61, located at 11930 Harry Hines Blvd. Dallas, TX. At 4:01 pm Clay Allen's personal cell phone called the box phone hitting cell site tower 322 located at 1894 Cindy Lane, Lewisville, TX. At 4: II pm, 4: 12 pm, 4:28 pm, and 5:23 pm, the box phone called Clay Allen's cell phone, still hitting cell site tower 322. From 5:40 pm to 5:45 pm the box phone dialed a series of 800 numbers while still hitting cell site tower 322. 12 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 14 of 24 At 6:20 pm the box phone made two calls to telephone number 704-906-8002, a North Carolina cell phone number that belongs to a male named Ray Kennedy. The phone was still hitting cell site tower 322. (A telephone interview with Ray Kennedy revealed that he had been conversing during that time period with Clint Allen, whom he had met through an AOL chat line.) At 6:37 pm and 6:38 pm, the box phone called the Louisiana number of Paxton Allen, still hitting cell site tower 322. At 7:48 pm, the box phone called number 469-744-5748 while still hitting cell site tower 322. At 9:06, the box phone called Clay Allen's cell phone number, still hitting tower 322. At 9:33 pm and 10:03 pm the last calls of the day were made by Ray Kennedy to the box phone while it was still hitting cell site tower 322. Calls continued between all of these numbers on Monday, December 3 rd through December 5 th One call of interest was placed from a business called QNC to the box phone on December 5 th The investigation has revealed that Clay Allen worked for this business and QNC stands for Quick N Crispy. 25. It is now believed by investigators that the box telephone was carried by the arsonist, possibly Clint Allen, and that he called Blaise Hancock and others to inform them that the fire had been set. S/A Whitaker has identified Blaise Hancock's Bumin' Media cell phone, Clint Allen's cell phone, Clay Allen's cell phone, Brevard Hudson's cell phone, Oliver Paxton Allen's home and cell phones, and Ray Kennedy's cell phone calling the box phone number during the two days surrounding the fire. It appears that they were using this phone as a touchstone between them all. They each called and checked the voice mail and left messages for each other on this phone on a regular basis. 26. On December 10,2007, John Iantomo of SAFECO Insurance sent a letter via United States Mail to Blaise Hancock related to the fire claim of 1402 Rowan Avenue. This letter was mailed via certified mail and was delivered to Blaise Hancock's New York address, 520 W. 48 th St., Apt. E, New York, New York, 10036-1145 on December 14, 2007. This letter was a request for credit card records to show renovations on the property, a request for cell phone records for the months of November and early December 2007, and a request for information on the individuals who Hancock hired to restore the 1402 Rowan Avenue property before the fire. 13 At 6:20 pm the box phone made two calls to telephone number 704-906-8002, a North Carolina cell phone number that belongs to a male named Ray Kennedy. The phone was still hitting cell site tower 322. (A telephone interview with Ray Kennedy revealed that he had been conversing during that time period with Clint Allen, whom he had met through an AOL chat line.) At 6:37 pm and 6:38 pm, the box phone called the Louisiana number of Paxton Allen, still hitting cell site tower 322. At 7:48 pm, the box phone called number 469-744-5748 while still hitting cell site tower 322. At 9:06, the box phone called Clay Allen's cell phone number, still hitting tower 322. At 9:33 pm and 10:03 pm the last calls of the day were made by Ray Kennedy to the box phone while it was still hitting cell site tower 322. Calls continued between all of these numbers on Monday, December 3 rd through December 5 th One call of interest was placed from a business called QNC to the box phone on December 5 th The investigation has revealed that Clay Allen worked for this business and QNC stands for Quick N Crispy. 25. It is now believed by investigators that the box telephone was carried by the arsonist, possibly Clint Allen, and that he called Blaise Hancock and others to inform them that the fire had been set. S/A Whitaker has identified Blaise Hancock's Bumin' Media cell phone, Clint Allen's cell phone, Clay Allen's cell phone, Brevard Hudson's cell phone, Oliver Paxton Allen's home and cell phones, and Ray Kennedy's cell phone calling the box phone number during the two days surrounding the fire. It appears that they were using this phone as a touchstone between them all. They each called and checked the voice mail and left messages for each other on this phone on a regular basis. 26. On December 10,2007, John Iantomo of SAFECO Insurance sent a letter via United States Mail to Blaise Hancock related to the fire claim of 1402 Rowan Avenue. This letter was mailed via certified mail and was delivered to Blaise Hancock's New York address, 520 W. 48 th St., Apt. E, New York, New York, 10036-1145 on December 14, 2007. This letter was a request for credit card records to show renovations on the property, a request for cell phone records for the months of November and early December 2007, and a request for information on the individuals who Hancock hired to restore the 1402 Rowan Avenue property before the fire. 13 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 15 of 24 27. On December 13,2007, Blaise Hancock placed into the United States Mail a letter dated December 13,2007, to Edna Menard, SAFECO Insurance, P.O. Box 416, St. Louis, MO, 63166, related to the fire claim of 1402 Rowan Avenue. This letter included receipts for Hancock's first week of living expenses (hotel costs, replacement of clothing, and food) after the fire. 28. On February 15,2008, Blaise Hancock sent an email with a proof of loss attachment to Jeff Hom, SAFECO Insurance, related to the fire claim of 1402 Rowan Avenue. This email wassentfromblaise@blaisehancock.comtojethor@safeco.com. The proof of loss requested coverage for full policy limits. 29. On May 27, 2008, Blaise Hancock faxed a letter from a New York area telephone fax number 212-974-8769 at 12: 14:51 pm to Housing Headquarters, 175 E. Hawthorn Parkway, Suite 410, Vernon Hills, IL, 60061, fax number 847-918-1085, (affecting interstate commerce) related to the fire at 1402 Rowan Avenue. This particular letter dealt with Hancock's alleged lease of a home located at 6917 Poly Webb Road, Arlington, TX 76016 and included a four page copy of a lease. This lease was later determined to be fraudulent. 30. On May 27,2008, Blaise Hancock faxed a letter from a New York area telephone fax number 212-974-8769 at 12:53:27 pm to Housing Headquarters, 175 E. Hawthorn Parkway, Suite 410, Vernon Hills, IL, 60061, fax number 847-918-1085, (affecting interstate commerce) related to the fire at 1402 Rowan Avenue. This letter dealt with Hancock's alleged lease of a home located at 6917 Poly Webb Road, Arlington, TX 76016, and included two pages containing copies of checks for reimbursement. Hancock was requesting reimbursement for $15,425 for lease payments that he made to Cassandra Allen Brice and Michelle Bordelon for housing costs at two separate locations. It has since been proven that Hancock never lived at these locations. 31. On January 12,2009, Affiant and Dallas Fire Department (DFD) Lt. Eugene Hauptmann met with Cassandra Allen Brice in Alexandria, Louisiana. Ms. Allen is the sister of Clint Allen. Ms. Allen stated that she had a hysterectomy on November 27,2007. She stated she remembered Clint Allen calling her during the weekend following her surgery, but did not remember seeing him in person. Ms. Allen stated that she was taking an extensive amount of pain killers during that time period and he might possibly have been there and she did not remember the visit. 32. On January 13,2009, DFD Lt. Hauptman and Affiant met with Umesh Patel, 14 27. On December 13,2007, Blaise Hancock placed into the United States Mail a letter dated December 13,2007, to Edna Menard, SAFECO Insurance, P.O. Box 416, St. Louis, MO, 63166, related to the fire claim of 1402 Rowan Avenue. This letter included receipts for Hancock's first week of living expenses (hotel costs, replacement of clothing, and food) after the fire. 28. On February 15,2008, Blaise Hancock sent an email with a proof of loss attachment to Jeff Hom, SAFECO Insurance, related to the fire claim of 1402 Rowan Avenue. This email wassentfromblaise@blaisehancock.comtojethor@safeco.com. The proof of loss requested coverage for full policy limits. 29. On May 27, 2008, Blaise Hancock faxed a letter from a New York area telephone fax number 212-974-8769 at 12: 14:51 pm to Housing Headquarters, 175 E. Hawthorn Parkway, Suite 410, Vernon Hills, IL, 60061, fax number 847-918-1085, (affecting interstate commerce) related to the fire at 1402 Rowan Avenue. This particular letter dealt with Hancock's alleged lease of a home located at 6917 Poly Webb Road, Arlington, TX 76016 and included a four page copy of a lease. This lease was later determined to be fraudulent. 30. On May 27,2008, Blaise Hancock faxed a letter from a New York area telephone fax number 212-974-8769 at 12:53:27 pm to Housing Headquarters, 175 E. Hawthorn Parkway, Suite 410, Vernon Hills, IL, 60061, fax number 847-918-1085, (affecting interstate commerce) related to the fire at 1402 Rowan Avenue. This letter dealt with Hancock's alleged lease of a home located at 6917 Poly Webb Road, Arlington, TX 76016, and included two pages containing copies of checks for reimbursement. Hancock was requesting reimbursement for $15,425 for lease payments that he made to Cassandra Allen Brice and Michelle Bordelon for housing costs at two separate locations. It has since been proven that Hancock never lived at these locations. 31. On January 12,2009, Affiant and Dallas Fire Department (DFD) Lt. Eugene Hauptmann met with Cassandra Allen Brice in Alexandria, Louisiana. Ms. Allen is the sister of Clint Allen. Ms. Allen stated that she had a hysterectomy on November 27,2007. She stated she remembered Clint Allen calling her during the weekend following her surgery, but did not remember seeing him in person. Ms. Allen stated that she was taking an extensive amount of pain killers during that time period and he might possibly have been there and she did not remember the visit. 32. On January 13,2009, DFD Lt. Hauptman and Affiant met with Umesh Patel, 14 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 16 of 24 the owner of the Pineville Days Inn in Pineville, Louisiana. He provided the original credit card receipt and hotel registration folio for room 206 for the time period of December 1 through December 3, 2007. This is the time period that Clint Allen stated that he stayed at the hotel during the fire. The hotel records show that someone signed each item with the signature C. Allen. The signature looks significantly different from known signatures of Clint Allen. The registration folio for Clint Allen had an address of 124 Fairview, Plano, Texas and a Louisiana driver's license ending in 5863. Clint Allen has lived at 1723 Creekpoint in Lewisville, TX for over 10 years and has a Texas Drivers License for that address. Investigation has revealed that Louisiana driver's license number ending in 5863 belongs to Denise Edmondson. Denise Edmondson is a Louisiana resident and a long time friend and co-worker of Oliver Paxton Allen, father of Clint Allen. 33. On January 13,2009, DFD Lt. Hauptmann and Affiant met with Oliver "Paxton" Allen and Sandra Wild Allen, parents of Clint and Clay Allen, in Pollock, Louisiana. Oliver Paxton Allen stated that he remembered Clint Allen visiting in December of 2007, but stated that he could not state with certainty that it was the weekend of the fire. I showed Mr. & Mrs. Allen a known signature of Clint Allen's. Each stated, "Yes, that is Clint's signature." I showed them the signatures from the Pineville Days Inn and both stated that the signature did not look like Clint Allen's handwriting. 34. On January 14,2009, Affiant and Dallas Fire Department Lt. Eugene Hauptmann met with Michelle Bordelon in Franklin, Louisiana. Bordelon stated that she is a "cousin by marriage" to Blaise Hancock. She gave a written statement that Blaise Hancock asked her to lease Clint Allen's home at 1723 Creekpoint in Lewisville, TX and then sublease it to him (Hancock). The housing money from the insurance company would be paid to Michelle Bordelon, who would deposit the money into her bank account and then mail part of it to Blaise Hancock in New York and part of it to Clint Allen. The amounts going to each one changed monthly. She stated that she never saw the home in Lewisville and never spent any money of her own to lease it. The scheme was set up by Blaise Hancock and she went along with it because he is "family" and seemed to need the financial help. She stated that Blaise Hancock agreed to pay any tax that she would owe on the money before it was due. Ms. Borderlon provided several emails between Blaise Hancock and herself. In each email, Blaise Hancock used the Yahoo email address blaisehancock@yahoo.com. In one particular email, Hancock stated to Borderlon that she should be suspicious of a "meddling bank bitch" due to her possibly being someone from the insurance company, fire department, or police. Bordelon later submitted copies of her bank statements. She noted checks that were sent to Hancock, Allen and Hudson. She also submitted one receipt for a Postal Money order that she sent to Hancock in New York as part of this scheme. She said 15 the owner of the Pineville Days Inn in Pineville, Louisiana. He provided the original credit card receipt and hotel registration folio for room 206 for the time period of December 1 through December 3, 2007. This is the time period that Clint Allen stated that he stayed at the hotel during the fire. The hotel records show that someone signed each item with the signature C. Allen. The signature looks significantly different from known signatures of Clint Allen. The registration folio for Clint Allen had an address of 124 Fairview, Plano, Texas and a Louisiana driver's license ending in 5863. Clint Allen has lived at 1723 Creekpoint in Lewisville, TX for over 10 years and has a Texas Drivers License for that address. Investigation has revealed that Louisiana driver's license number ending in 5863 belongs to Denise Edmondson. Denise Edmondson is a Louisiana resident and a long time friend and co-worker of Oliver Paxton Allen, father of Clint Allen. 33. On January 13,2009, DFD Lt. Hauptmann and Affiant met with Oliver "Paxton" Allen and Sandra Wild Allen, parents of Clint and Clay Allen, in Pollock, Louisiana. Oliver Paxton Allen stated that he remembered Clint Allen visiting in December of 2007, but stated that he could not state with certainty that it was the weekend of the fire. I showed Mr. & Mrs. Allen a known signature of Clint Allen's. Each stated, "Yes, that is Clint's signature." I showed them the signatures from the Pineville Days Inn and both stated that the signature did not look like Clint Allen's handwriting. 34. On January 14,2009, Affiant and Dallas Fire Department Lt. Eugene Hauptmann met with Michelle Bordelon in Franklin, Louisiana. Bordelon stated that she is a "cousin by marriage" to Blaise Hancock. She gave a written statement that Blaise Hancock asked her to lease Clint Allen's home at 1723 Creekpoint in Lewisville, TX and then sublease it to him (Hancock). The housing money from the insurance company would be paid to Michelle Bordelon, who would deposit the money into her bank account and then mail part of it to Blaise Hancock in New York and part of it to Clint Allen. The amounts going to each one changed monthly. She stated that she never saw the home in Lewisville and never spent any money of her own to lease it. The scheme was set up by Blaise Hancock and she went along with it because he is "family" and seemed to need the financial help. She stated that Blaise Hancock agreed to pay any tax that she would owe on the money before it was due. Ms. Borderlon provided several emails between Blaise Hancock and herself. In each email, Blaise Hancock used the Yahoo email address blaisehancock@yahoo.com. In one particular email, Hancock stated to Borderlon that she should be suspicious of a "meddling bank bitch" due to her possibly being someone from the insurance company, fire department, or police. Bordelon later submitted copies of her bank statements. She noted checks that were sent to Hancock, Allen and Hudson. She also submitted one receipt for a Postal Money order that she sent to Hancock in New York as part of this scheme. She said 15 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 17 of 24 that she sent several of the postal money orders but had lost most ofthe receipts due to Hurricane Katrina. Bank records show that Hudson deposited a postal money order matching the receipt submitted by Bordelon and also submitted a number of checks from her into a Washington Mutual checking account. 35. On February 3,2009, Dallas Fire Department Lt. Hauptmann and Affiant interviewed Denise Edmondson at her home in Alexandria, Louisiana. Ms. Edmondson produced her Louisiana driver's license ending in 5863. She stated that she had lost two driver's licenses in the past few years. Ms. Edmondson stated that she is a long time friend of Oliver "Paxton" Allen. She stated that she dated Paxton's son, Chad Allen, many years ago. She stated that she knows Caleb Allen, Paxton's grandson, who lived with Paxton and Sandra since he was 14 years old. She stated that Caleb had been to the diner that she operates on at least two occasions. She stated that she has known all of Paxton's children and had grown up with them. She said that she did not give anyone in that family permission to use her driver's license in any way. 36. On February 4,2009, Agent Whitaker and Lt. Hauptmann interviewed Caleb Allen in the Natchitoches Detention Center. Allen stated that on the weekend ofthe fire he observed his grandfather, Oliver Paxton Allen receive a package. He said that the package contained Clint Allen's personal cell phone. He said that he observed his grandfather call the Pineville Days Inn and make a reservation for Clint Allen after the cell phone arrived. He stated that Clint Allen never came to the house that weekend. He stated that he asked his grandfather why Clint didn't visit and was told that "Clint's house blew up and he couldn't come." He stated that he had never known Clint to stay in a hotel when he came to visit. He said Clint usually sleeps in his (Caleb) bedroom when he stayed in town. Fed Ex records obtained via Grand Jury subpoena reveal that a package was mailed on November 29,2007, from a FedEx package store on Oak Lawn Avenue by Clay Allen, 1723 Creekpoint, Lewisville, TX to Paxton Allen at 3790 South Loop, Pineville, LA. The package was delivered on December 1,2007 at 12:39 p.m. Paxton Allen mailed a package addressed to C. Allen on December 3, 2007. That package was delivered at 9:31 a.m. From the time the first package was mailed, during this five day period only one direct call was made on Clint Allen's personal cell phone, all incoming calls went to voice mail or were forwarded. The package mailed by Paxton Allen to Clint Allen arrived at 9:31a.m. on December 4, 2007. At 9:36 a.m., a direct call was made on this phone. Since incoming calls were made to Clint Allen's cell phone during the five day period, cell tower records were available. The records show some early calls hitting towers in Arkansas which is on a direct route to Memphis, Tennessee, the hub ofFedEx. It is believed by this Affiant that Clint Allen mailed his personal cell phone to Pineville, Louisiana to establish his alibi for the time period 16 that she sent several of the postal money orders but had lost most ofthe receipts due to Hurricane Katrina. Bank records show that Hudson deposited a postal money order matching the receipt submitted by Bordelon and also submitted a number of checks from her into a Washington Mutual checking account. 35. On February 3,2009, Dallas Fire Department Lt. Hauptmann and Affiant interviewed Denise Edmondson at her home in Alexandria, Louisiana. Ms. Edmondson produced her Louisiana driver's license ending in 5863. She stated that she had lost two driver's licenses in the past few years. Ms. Edmondson stated that she is a long time friend of Oliver "Paxton" Allen. She stated that she dated Paxton's son, Chad Allen, many years ago. She stated that she knows Caleb Allen, Paxton's grandson, who lived with Paxton and Sandra since he was 14 years old. She stated that Caleb had been to the diner that she operates on at least two occasions. She stated that she has known all of Paxton's children and had grown up with them. She said that she did not give anyone in that family permission to use her driver's license in any way. 36. On February 4,2009, Agent Whitaker and Lt. Hauptmann interviewed Caleb Allen in the Natchitoches Detention Center. Allen stated that on the weekend ofthe fire he observed his grandfather, Oliver Paxton Allen receive a package. He said that the package contained Clint Allen's personal cell phone. He said that he observed his grandfather call the Pineville Days Inn and make a reservation for Clint Allen after the cell phone arrived. He stated that Clint Allen never came to the house that weekend. He stated that he asked his grandfather why Clint didn't visit and was told that "Clint's house blew up and he couldn't come." He stated that he had never known Clint to stay in a hotel when he came to visit. He said Clint usually sleeps in his (Caleb) bedroom when he stayed in town. Fed Ex records obtained via Grand Jury subpoena reveal that a package was mailed on November 29,2007, from a FedEx package store on Oak Lawn Avenue by Clay Allen, 1723 Creekpoint, Lewisville, TX to Paxton Allen at 3790 South Loop, Pineville, LA. The package was delivered on December 1,2007 at 12:39 p.m. Paxton Allen mailed a package addressed to C. Allen on December 3, 2007. That package was delivered at 9:31 a.m. From the time the first package was mailed, during this five day period only one direct call was made on Clint Allen's personal cell phone, all incoming calls went to voice mail or were forwarded. The package mailed by Paxton Allen to Clint Allen arrived at 9:31a.m. on December 4, 2007. At 9:36 a.m., a direct call was made on this phone. Since incoming calls were made to Clint Allen's cell phone during the five day period, cell tower records were available. The records show some early calls hitting towers in Arkansas which is on a direct route to Memphis, Tennessee, the hub ofFedEx. It is believed by this Affiant that Clint Allen mailed his personal cell phone to Pineville, Louisiana to establish his alibi for the time period 16 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 18 of 24 surrounding the fire. 37. In February of2009, Affiant obtained information as to AOL's requirements for providing stored electronic communications from it customer's accounts. It was learned that the information would be supplied upon receipt of a subpoena or search warrant and that AOL does not purge or remove information from their clients' accounts, that they store it on their servers and it is added or removed by the clients. It was further learned that the stored electronic data is downloaded to law enforcement and that AOL does not have the capability to sort, minimize, separate or search for specific keywords or information. 38. On March 4,2009, Affiant found a lengthy email abandoned in a trash container in the alley for trash pickup at the home of Clint Allen at 1723 Creekpoint, Lewisville, TX. An examination of the email indicates Clint Allen is maintaining an AOL Mail account under the email name twinallen02@aol.com and indicates that Allen is storing information of value to this investigation on the AOL server. A request to preserve these files was sent to AOL by SA Whitaker on March 4,2009. On March 5, 2009, an AOL technical support administrator advised that this email is most likely registered to Clint Allen, living at 1723 Creekpoint, Lewisville, TX. AOL representatives advised that they do not in the regular course of business purge their client's records, and that they remain on the AOL servers until deleted by the customer. 39. On March 16,2009, Affiant searched the online social network BigMuscle.com for information relating to Blaise Hancock and Clint Joseph Allen. BigMuscle is a website that allows "short messaging," chats and video conferencing between members. Clint Allen was found to have a website on this service under the name "OneFitUnit2Serve" account #89660. This website listed the email twinallen02@aol.com as Clint Allen's email address. Blaise Hancock was also found to have a website through this service under the name "MuscleTravel" account number 30621. This website listed Blaise Hancock's email addressasmuscletravel@aol.com. On March 25,2009, Affiant conducted a search through AOL for possible emails used by Blaise Hancock. A search revealed the following email possibly being used by Blaise Hancock through the AOL system, CWBYMSL@aol.com. It was later found that Brevard Hudson also has a website through BigMuscle and has a listed email address of NYCmsI4msl@aol.com. 40. A preservation request was submitted to AOL on March 4,2009, requesting that the electronic data stored in the account, twinallen02@aol.com be 17 surrounding the fire. 37. In February of2009, Affiant obtained information as to AOL's requirements for providing stored electronic communications from it customer's accounts. It was learned that the information would be supplied upon receipt of a subpoena or search warrant and that AOL does not purge or remove information from their clients' accounts, that they store it on their servers and it is added or removed by the clients. It was further learned that the stored electronic data is downloaded to law enforcement and that AOL does not have the capability to sort, minimize, separate or search for specific keywords or information. 38. On March 4,2009, Affiant found a lengthy email abandoned in a trash container in the alley for trash pickup at the home of Clint Allen at 1723 Creekpoint, Lewisville, TX. An examination of the email indicates Clint Allen is maintaining an AOL Mail account under the email name twinallen02@aol.com and indicates that Allen is storing information of value to this investigation on the AOL server. A request to preserve these files was sent to AOL by SA Whitaker on March 4,2009. On March 5, 2009, an AOL technical support administrator advised that this email is most likely registered to Clint Allen, living at 1723 Creekpoint, Lewisville, TX. AOL representatives advised that they do not in the regular course of business purge their client's records, and that they remain on the AOL servers until deleted by the customer. 39. On March 16,2009, Affiant searched the online social network BigMuscle.com for information relating to Blaise Hancock and Clint Joseph Allen. BigMuscle is a website that allows "short messaging," chats and video conferencing between members. Clint Allen was found to have a website on this service under the name "OneFitUnit2Serve" account #89660. This website listed the email twinallen02@aol.com as Clint Allen's email address. Blaise Hancock was also found to have a website through this service under the name "MuscleTravel" account number 30621. This website listed Blaise Hancock's email addressasmuscletravel@aol.com. On March 25,2009, Affiant conducted a search through AOL for possible emails used by Blaise Hancock. A search revealed the following email possibly being used by Blaise Hancock through the AOL system, CWBYMSL@aol.com. It was later found that Brevard Hudson also has a website through BigMuscle and has a listed email address of NYCmsI4msl@aol.com. 40. A preservation request was submitted to AOL on March 4,2009, requesting that the electronic data stored in the account, twinallen02@aol.com be 17 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 19 of 24 preserved pending the obtaining of this search warrant. AOL confirmed that they would preserve the information in the requested account. 41. A preservation request was submitted to AOL on March 25, 2009, requesting that the electronic data stored in the accounts, CWBYMSL@aol.com and muscletravel@aol.com be preserved pending the obtaining of this search warrant. AOL confirmed that they would preserve the information in the requested accounts. A preservation request has not been submitted for Brevard Hudson's AOL account, NYCmsI4msl@aol.com, since this email address was only recently found in text messaging between Hancock and Hudson and on the BigMuscle website. 42. On May 7,2009, Denise Edmondson was interviewed at the office of her attorney. Ms. Edmondson revealed that on December 1,2007, she received a telephone call from Paxton Allen while she was working in the Pineville, Louisiana area. She said that Paxton Allen requested that she go to the Pineville Days Inn and check in for Clint Allen, who he said was due to arrive late that evening. Edmondson stated that she told Paxton Allen that she could not afford to pay for Clint's room and that Paxton told her that they would already have Clint Allen's credit card on file. Edmondson stated that she went to the hotel, presented her own driver's license as identification and checked into the room, signing the credit card receipt "C. Allen". She could not remember if she signed the room folio, although it was also signed tIc. Allen". She stated that she was given two keys. She left one key at the front desk for Clint Allen. She took the other key to the hotel room where she turned on the heat and turned on a lamp. She left that key in the room. She stated that Paxton Allen told her the next week that Clint had been in town. She stated that she had heard Paxton Allen tell co-workers the week before that Clint was going to be visiting. She stated that in mid-January 2009, Paxton Allen called her and said that Agent Whitaker and Lt. Hauptmann had been to his house and that Clint was under suspicion for setting a fire in Dallas. Paxton told her that Whitaker and Hauptmann would probably be coming to her house to talk to her. She asked Paxton Allen why they would want to talk to her and he said it was because she rented the room for Clint that weekend. She stated that Paxton Allen asked her several days later if Whitaker and Hauptmann had been by her house. She asked Paxton Allen what he had gotten her involved in. He told her that he never would have gotten her involved ifhe had known what Clint was going to do. He told her later that Clint Allen had loaned a friend $52,000 to purchase a building and that Clint had burned it (that weekend). Paxton Allen told Edmondson that the friend who borrowed the money from Clint helped him set the fire. Paxton Allen later told her that the house that burned was "well insured". When Edmondson was asked why she did not tell Agent Whitaker and Lt. 18 preserved pending the obtaining of this search warrant. AOL confirmed that they would preserve the information in the requested account. 41. A preservation request was submitted to AOL on March 25, 2009, requesting that the electronic data stored in the accounts, CWBYMSL@aol.com and muscletravel@aol.com be preserved pending the obtaining of this search warrant. AOL confirmed that they would preserve the information in the requested accounts. A preservation request has not been submitted for Brevard Hudson's AOL account, NYCmsI4msl@aol.com, since this email address was only recently found in text messaging between Hancock and Hudson and on the BigMuscle website. 42. On May 7,2009, Denise Edmondson was interviewed at the office of her attorney. Ms. Edmondson revealed that on December 1,2007, she received a telephone call from Paxton Allen while she was working in the Pineville, Louisiana area. She said that Paxton Allen requested that she go to the Pineville Days Inn and check in for Clint Allen, who he said was due to arrive late that evening. Edmondson stated that she told Paxton Allen that she could not afford to pay for Clint's room and that Paxton told her that they would already have Clint Allen's credit card on file. Edmondson stated that she went to the hotel, presented her own driver's license as identification and checked into the room, signing the credit card receipt "C. Allen". She could not remember if she signed the room folio, although it was also signed tIc. Allen". She stated that she was given two keys. She left one key at the front desk for Clint Allen. She took the other key to the hotel room where she turned on the heat and turned on a lamp. She left that key in the room. She stated that Paxton Allen told her the next week that Clint had been in town. She stated that she had heard Paxton Allen tell co-workers the week before that Clint was going to be visiting. She stated that in mid-January 2009, Paxton Allen called her and said that Agent Whitaker and Lt. Hauptmann had been to his house and that Clint was under suspicion for setting a fire in Dallas. Paxton told her that Whitaker and Hauptmann would probably be coming to her house to talk to her. She asked Paxton Allen why they would want to talk to her and he said it was because she rented the room for Clint that weekend. She stated that Paxton Allen asked her several days later if Whitaker and Hauptmann had been by her house. She asked Paxton Allen what he had gotten her involved in. He told her that he never would have gotten her involved ifhe had known what Clint was going to do. He told her later that Clint Allen had loaned a friend $52,000 to purchase a building and that Clint had burned it (that weekend). Paxton Allen told Edmondson that the friend who borrowed the money from Clint helped him set the fire. Paxton Allen later told her that the house that burned was "well insured". When Edmondson was asked why she did not tell Agent Whitaker and Lt. 18 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 20 of 24 Hauptmann about checking into the hotel during her previous interview, Edmondson stated that she was never asked directly "Did you check into the hotel for Clint Allen?" Paxton Allen's home telephone records for December 1,2007, show that he made a telephone call to Denise Edmondson's cell phone and then called the Pineville Days Inn. The telephone call to the Days Inn coincides with the time that the room reservation for Clint Allen was made. (The telephone calls to Denise Edmondson and the Days Inn occurred after the Fed Ex package was delivered containing Clint Allen's personal cell phone.) F. Conclusion 43. Based upon the information above, Affiant has probable cause to believe that on the computer systems owned, maintained, and/or operated by AOL L.L.C. (AOL), headquartered at 22000 AOL Way, Dulles, Virginia, 20166, there exists evidence, fruits, and instrumentalities of violations of Title, 18 U.S.C. Sections 371, 844(h), 1341 and 1343. By this affidavit and application, Affiant requests that the Court issue a search warrant directed to AOL, L.L.C., directing AOL L.L.C., to produce an image of the hard drives or copies/images of the items to be seized listed in this warrant and associated with Clint Allen, Blaise Hancock and Brevard Hudson and their AOL accounts, twinallen02@aol.com, CWBYMSL@aol.com, muscletravel@aol.com and NYCmsl4msl.aol.com for the time period January 1,2007 until the execution of this search warrant. I further request that the search warrant direct AOL L.L.C., to provide forthwith copies of any other records listed in Attachment A which are not located on the hard drive(s) associated with this warrant and would not be captured in the image of the hard drive(s), but are in their records. G. Request for Sealing 44. Since this investigation is continuing, disclosure of the search warrant, this affidavit, and/or this application and the attachments thereto will seriously jeopardize the progress of the investigation. Accordingly, Affiant requests that the Court issue an order that the search warrant, this affidavit in support of application for search warrant, the application for search warrant, and all attachments thereto be filed under seal until further order of this Court. In addition, because notification of the existence of this order will seriously jeopardize an investigation, I request that the Court issue an order pursuant to 18 U.S.C. Section 2705(b) ordering AOL L.L.c. not to notify any person of the existence of the warrant. 19 Hauptmann about checking into the hotel during her previous interview, Edmondson stated that she was never asked directly "Did you check into the hotel for Clint Allen?" Paxton Allen's home telephone records for December 1,2007, show that he made a telephone call to Denise Edmondson's cell phone and then called the Pineville Days Inn. The telephone call to the Days Inn coincides with the time that the room reservation for Clint Allen was made. (The telephone calls to Denise Edmondson and the Days Inn occurred after the Fed Ex package was delivered containing Clint Allen's personal cell phone.) F. Conclusion 43. Based upon the information above, Affiant has probable cause to believe that on the computer systems owned, maintained, and/or operated by AOL L.L.C. (AOL), headquartered at 22000 AOL Way, Dulles, Virginia, 20166, there exists evidence, fruits, and instrumentalities of violations of Title, 18 U.S.C. Sections 371, 844(h), 1341 and 1343. By this affidavit and application, Affiant requests that the Court issue a search warrant directed to AOL, L.L.C., directing AOL L.L.C., to produce an image of the hard drives or copies/images of the items to be seized listed in this warrant and associated with Clint Allen, Blaise Hancock and Brevard Hudson and their AOL accounts, twinallen02@aol.com, CWBYMSL@aol.com, muscletravel@aol.com and NYCmsl4msl.aol.com for the time period January 1,2007 until the execution of this search warrant. I further request that the search warrant direct AOL L.L.C., to provide forthwith copies of any other records listed in Attachment A which are not located on the hard drive(s) associated with this warrant and would not be captured in the image of the hard drive(s), but are in their records. G. Request for Sealing 44. Since this investigation is continuing, disclosure of the search warrant, this affidavit, and/or this application and the attachments thereto will seriously jeopardize the progress of the investigation. Accordingly, Affiant requests that the Court issue an order that the search warrant, this affidavit in support of application for search warrant, the application for search warrant, and all attachments thereto be filed under seal until further order of this Court. In addition, because notification of the existence of this order will seriously jeopardize an investigation, I request that the Court issue an order pursuant to 18 U.S.C. Section 2705(b) ordering AOL L.L.c. not to notify any person of the existence of the warrant. 19 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 21 of 24 Sworn to before me On this ci? day of , 2009 (/
Irma Ramire; United States Magistrate Judge "---.) 20
Sharon K. Whitaker Sworn to before me On this ci? day of , 2009 (/
Irma Ramire; United States Magistrate Judge "---.) 20
Sharon K. Whitaker Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 22 of 24 ATTACHMENT A ITEMS TO BE SEIZED I. Search Procedure: The search warrant and attachments will be faxed to AOL L.L.C. (AOL). AOL will be instructed to isolate those accounts, files and records, described below pertaining to this investigation. Upon receipt of data from AOL L.L.C., ATF personnel trained in searching and seizing computer data will make an initial review of the material and copies of information relating to the incendiary fire of the residence of Blaise Hancock located at 1402 Rowan Avenue, Dallas, TX, on December 2, 2007, and email addresses, twinallen02@aol.com, CWBYMSL@aol.com, MuscleTravel@aol.com and NYCmsI4msl.@aol.com. 1) At the discretion oflawenforcement personnel, AOL. may produce copies/images of the requested information and tum these copies/images over to Special Agents ofthe Bureau of Alcohol, Tobacco, Firearms, and Explosives in lieu of law enforcement personnel making the copies/images to satisfy the requirements of this search warrant. 2) Law enforcement personnel may also seize records that contain the subscriber information for the accounts and the dates that the accounts were created and the following information: personal or identifying information about Clint Joseph Allen and Blaise Clerc Hancock, including name, home address, telephone number, and IP addresses. 3) These records and materials include all of the foregoing items of evidence in whatever form and by whatever means such records, documents, or materials, their drafts, or their modifications may have been created or stored, including, but not limited to, any stored communications; incoming, outgoing, and drafts of e-mail communications, address books, calendars, contents of deleted folder or files, back- up files, stored attachments to any electronic/computerized communications, any stored folders, and any stored photographic images or diagrams relating to the incendiary fire of the residence of Blaise Hancock located at 1402 Rowan Avenue, Dallas, TX on December 2, 2007. 4) In order to minimize any disruption of computer service to innocent third parties, AOL L.L.C. employees and/or law enforcement personnel trained in the operation of computers will create an exact duplicate ofthe computer accounts and files described in this attachment, including an exact duplicate of all information stored in the computer accounts and files described below in Section II of this attachment. 5) AOL L.L.C. employees will provide the exact duplicate in electronic form of the accounts and files described below in this attachment and all information stored in 1 ATTACHMENT A ITEMS TO BE SEIZED I. Search Procedure: The search warrant and attachments will be faxed to AOL L.L.C. (AOL). AOL will be instructed to isolate those accounts, files and records, described below pertaining to this investigation. Upon receipt of data from AOL L.L.C., ATF personnel trained in searching and seizing computer data will make an initial review of the material and copies of information relating to the incendiary fire of the residence of Blaise Hancock located at 1402 Rowan Avenue, Dallas, TX, on December 2, 2007, and email addresses, twinallen02@aol.com, CWBYMSL@aol.com, MuscleTravel@aol.com and NYCmsI4msl.@aol.com. 1) At the discretion oflawenforcement personnel, AOL. may produce copies/images of the requested information and tum these copies/images over to Special Agents ofthe Bureau of Alcohol, Tobacco, Firearms, and Explosives in lieu of law enforcement personnel making the copies/images to satisfy the requirements of this search warrant. 2) Law enforcement personnel may also seize records that contain the subscriber information for the accounts and the dates that the accounts were created and the following information: personal or identifying information about Clint Joseph Allen and Blaise Clerc Hancock, including name, home address, telephone number, and IP addresses. 3) These records and materials include all of the foregoing items of evidence in whatever form and by whatever means such records, documents, or materials, their drafts, or their modifications may have been created or stored, including, but not limited to, any stored communications; incoming, outgoing, and drafts of e-mail communications, address books, calendars, contents of deleted folder or files, back- up files, stored attachments to any electronic/computerized communications, any stored folders, and any stored photographic images or diagrams relating to the incendiary fire of the residence of Blaise Hancock located at 1402 Rowan Avenue, Dallas, TX on December 2, 2007. 4) In order to minimize any disruption of computer service to innocent third parties, AOL L.L.C. employees and/or law enforcement personnel trained in the operation of computers will create an exact duplicate ofthe computer accounts and files described in this attachment, including an exact duplicate of all information stored in the computer accounts and files described below in Section II of this attachment. 5) AOL L.L.C. employees will provide the exact duplicate in electronic form of the accounts and files described below in this attachment and all information stored in 1 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 23 of 24 those accounts and files to the agent who serves the search warrant; and Law enforcement personnel will thereafter review all information and records received from Yahoo! employees to determine the information to be seized by law enforcement personnel pursuant to Section III below. 6) The requested information shall include all of the above named information for the period spanning from January 1,2007 until the service of this search warrant II. Files and Accounts to be searched for and copied by AOL L.L.C. The following list of items is to be isolated by AOL L.L.C. 1) AOL E-mail Addresses:twinallen02@aol.com.CWBYMSL@aol.com. MuscleTravel@aol.com, and NYCmsI4msl@aol.com. 2) Any and all information for the above described AOL IDs and E-mail addresses to include all subscriber information, such as name, address, date ofbirth, date account created, account status, AOL email addresses, alternate e-mail addresses, registration from IP, date ID registered, Log-in IP addresses with session times and dates. 3) Contents of any and all e-mails stored in the above described subscriber's AOL Accounts 4) All existing printouts from original storage of all of the electronic mail described above. 5) Any and all contents of electronic files that the above described subscribers have stored in the subscribers' Briefcase, Folders, Mail Folders, and Photo areas. 6) Any and all AOL IDs listed on the above described subscribers' Friends list. 7) Any and all methods of payment provided by the above described subscribers to AOL L.L.C. for any premium services. (Including credit card or bank account numbers) 8) Any and all local and long distance telephone connection records, types of services utilized, and telephone or instrument number or other subscriber number or identity including any temporary assigned network addresses 9) Any and all chat and 1M message logs that are available 10) Any and all email addresses of "friends" or "contacts". 2 those accounts and files to the agent who serves the search warrant; and Law enforcement personnel will thereafter review all information and records received from Yahoo! employees to determine the information to be seized by law enforcement personnel pursuant to Section III below. 6) The requested information shall include all of the above named information for the period spanning from January 1,2007 until the service of this search warrant II. Files and Accounts to be searched for and copied by AOL L.L.C. The following list of items is to be isolated by AOL L.L.C. 1) AOL E-mail Addresses:twinallen02@aol.com.CWBYMSL@aol.com. MuscleTravel@aol.com, and NYCmsI4msl@aol.com. 2) Any and all information for the above described AOL IDs and E-mail addresses to include all subscriber information, such as name, address, date ofbirth, date account created, account status, AOL email addresses, alternate e-mail addresses, registration from IP, date ID registered, Log-in IP addresses with session times and dates. 3) Contents of any and all e-mails stored in the above described subscriber's AOL Accounts 4) All existing printouts from original storage of all of the electronic mail described above. 5) Any and all contents of electronic files that the above described subscribers have stored in the subscribers' Briefcase, Folders, Mail Folders, and Photo areas. 6) Any and all AOL IDs listed on the above described subscribers' Friends list. 7) Any and all methods of payment provided by the above described subscribers to AOL L.L.C. for any premium services. (Including credit card or bank account numbers) 8) Any and all local and long distance telephone connection records, types of services utilized, and telephone or instrument number or other subscriber number or identity including any temporary assigned network addresses 9) Any and all chat and 1M message logs that are available 10) Any and all email addresses of "friends" or "contacts". 2 Case 3:09-mj-00178-BH Document 1 Filed 06/02/2009 Page 24 of 24 III. Information To Be Seized By Law Enforcement Personnel 1) The contents of electronic mail, for the above listed subscribers, including attachments, related to the incendiary fire of the residence of Blaise Hancock located at 1402 Rowan Avenue, Dallas, TX, constituting evidence of criminal violations of Title 18 USC, Section 844 (h), Section 371, 1341 and 1343 from 0110112007 to the present (date of service of this search warrant). 2) The contents of electronic files that the above-described subscribers have stored in the subscribers' Briefcase, Folders, Mail Folders and Photos areas, constituting evidence of criminal violations of Title 18 USC, Section 844 (h), Section 371, 1341 and 1343 from 01/01/2007 to the present (date of service of this search warrant) 3) All existing printouts from original storage of all of the electronic mail described above, constituting evidence of criminal violations of Title 18 USC, Section 844 (h), Section 371,1341 and 1343 from 01/0112007 to the present (date of service of this search warrant). 4) All of the records and information described in Sections II of this attachment. 3 III. Information To Be Seized By Law Enforcement Personnel 1) The contents of electronic mail, for the above listed subscribers, including attachments, related to the incendiary fire of the residence of Blaise Hancock located at 1402 Rowan Avenue, Dallas, TX, constituting evidence of criminal violations of Title 18 USC, Section 844 (h), Section 371, 1341 and 1343 from 0110112007 to the present (date of service of this search warrant). 2) The contents of electronic files that the above-described subscribers have stored in the subscribers' Briefcase, Folders, Mail Folders and Photos areas, constituting evidence of criminal violations of Title 18 USC, Section 844 (h), Section 371, 1341 and 1343 from 01/01/2007 to the present (date of service of this search warrant) 3) All existing printouts from original storage of all of the electronic mail described above, constituting evidence of criminal violations of Title 18 USC, Section 844 (h), Section 371,1341 and 1343 from 01/0112007 to the present (date of service of this search warrant). 4) All of the records and information described in Sections II of this attachment. 3