Rev.

11/97

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 1 of 14 Page ID #:1 CRIMINAL COMPLAINT (JNJtfJJL1J

UNITED STATES DISTRICT COURT UNITED STATES OF AMERICA D icrcC ,uL----

CENTRAL DISTRICT OF CALIFORNIA 0.

V.

_____O

CHRISTINE FOST; c

MAGISTRATES CASE NO.

Complaint for violation of Ti le 180UJZA2A Stte Code, 18 U.S.C. 2251(a) and 2252A(a) (2) , (b) (1) \ \ NAME OF MAGISTRATE JUDGE ATES LOCATION HONORABLE OSWALD PARADA MAGISTRATE JUDGE RIVERSIDE, CA DATE OF OFFENSE November 23, 2012 PLACE OF OFFENSE Riverside County ADDRESS OF ACCUSED (IF KNOWN)

Beginning on or about November 23, 2012, to on or about February 16, 2013, in San Bernardino County, within the Central District of California, defendant CHRISTINE FOSTER, knowingly employed, used, persuaded, induced, enticed, and coerced a minor, namely, Jane Doe, a minor girl, to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, knowing and having reason to know that such visual depiction would be transported and transmitted using any means and facility of interstate and foreign commerce and in and affecting interstate and foreign commerce, and which visual depiction was produced and transmitted using materials that had been mailed, shipped, and transported in and affecting interstate and foreign commerce by any means, including by computer, and which visual depiction had actually been transported and transmitted using any means and facility of interstate and foreign commerce and in and affecting interstate and foreign commerce. Beginning on or about November 23, 2012, to on or about February 16, 2013, in San Bernardino County, within the Central District of California, defendant CHRISTINE FOSTER, knowingly distributed child pornography, as defined in Title 18, United States Code, Section 2256 (8) (A), that had been shipped and transported using any means or facility of interstate and foreign commerce, and in and affecting interstate and foreign commerce by any means, including by computer, knowing that the image was child pornography. BASIS OF COMPLAINANTS CHARGE AGAINST THE ACCUSED: (See attached affidavit which is incorporated as part of this Complaint) MATERIAL WITNESSES IN RELATION TO THIS CHARGE: Being duly sworn, I declare that the foregoing is true and correct to the best of my knowledge. SIGNATURE OF COMPLAINANT George Melvin OFFICIAL TITLE Special Agent Department of Homeland Security, Homeland Security Investigations (DHS/HSI) Sworn to before me and subscribed in my presence,
SAUSA

SIGNATURE OF MAGISTRATE JUDGE St.epflen Merrill:ii REC:]Jetention

DATE Jul 27,

2013

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 2 of 14 Page ID #:2

AFFIDAVIT

I, George Melvin, being duly sworn, declare and state as follows:

I. Introduction

1.

I am a Special Agent with the Department of Homeland Security,

Homeland Security Investigations ("DHS/HSI"), assigned to the Special Agent in Charge ("SAC") Los Angeles, CA, Assistant Special Agent in Charge ("ASAC") Riverside/San Bernardino, CA and have been so employed since February of 2009. I have been assigned to the Child Exploitation Investigations Group ("CEIC) since February of 2009. I am responsible for investigations involving the production, importation, advertising, receipt, possession, and distribution Of child pornography. I have received training through the Department of Homeland Security, Immigration and Customs Enforcement ("ICE") in the areas of child pornography and child sexual exploitation. As a federal agent, I am authorized to investigate violations of laws of the United States and to execute warrants issued under the authority of the United States.
II. Purpose of this Affidavit

2.

This affidavit is made in support of a criminal complaint charging

CHRISTINE FOSTER ("FOSTER") with violations of Title 18, United States Code, Sections 2252A(a)(2), (b)(1) (Distribution of Child Pornography) and 2251(a) (Production of Child Pornography).

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 3 of 14 Page ID #:3

3.

The facts set forth in this affidavit are based upon my personal

observations, my training and experience, and information obtained from various law enforcement personnel and witnesses. This affidavit is intended to show merely that there is sufficient probable cause for the requested complaint and does not purport to set forth all of my knowledge of or investigation into this matter. Unless specifically indicated otherwise, all conversations and statements described in this affidavit are related in substance and in part only. 4. The statements that follow are based on the observations, training,

and experience, of law enforcement agents including me and Riverside County District Attorney Senior Investigator Heidi Chebahtah. I I have personally spoken with investigator Chebahtah regarding her involvement in this investigation and I have also read reports she has written regarding this investigation. Investigator Chebahtah has also shown me numerous pieces of evidence she has gathered during this investigations, including images of child pornography, phone records, and results of a state issued search warrant she obtained as part of her investigation.
III. Definition of Terms

5.

In this affidavit, "child pornography," "visual depiction," "minor,"

and "sexually explicit conduct," are defined as set forth in Title 18, United States Code, Section 2256.

-2-

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 4 of 14 Page ID #:4

6.

Based on my knowledge, training and experience in child

exploitation and child pornography investigations, and the experience and training of other law enforcement officers with whom I have had discussions, I know computers and computer technology have revolutionized the way in which individuals interested in child pornography interact with each other. Child pornography formerly was produced using cameras and film (either still photography or movies). The photographs required darkroom facilities and a significant amount of skill in order to develop and reproduce the images. There were definable costs involved with the production of pornographic images. To distribute these images on any scale required significant resources. The photographs themselves were somewhat bulky and required secure storage to prevent their exposure to the public. The distribution of these wares was accomplished through a combination of personal contacts, mailings, and telephone calls. 7. The development of computers and digital photography has

changed this; computers serve four basic functions in connection with child pornography: production, communication, distribution, and storage. 8. Child pornographers can now transfer photographs from a camera

onto a computer readable format with a device known as a scanner. With the advent of digital cameras, the images can now be transferred directly onto a

-3-

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 5 of 14 Page ID #:5

computer. A device known as a modem allows any computer to connect to another computer through the use of telephone, cable, or wireless connection. Electronic contact can be made to literally millions of computers around the world. 9. The computers ability to store images in digital form makes the

computer itself an ideal repository for child pornography. The size of the electronic storage media (commonly referred to as the hard drive) used in home computers has grown tremendously withinthe last several years. These drives can store hundreds of thousands of images at very high resolution. 10. Most cellular telephones today contain high quality digital

cameras. These devices can be used to produce, store, and distribute images of child pornography via email, text message, or direct download.
IV. Statement of Probable Cause

A. 11.

Summary of Probable Cause

On February 19, 2013, Riverside County District Attorney Senior

Investigator Heidi Chebahtah along with members from the Sexual Assault Felony Enforcement Taskforce and Homeland Security Investigations Special Agents served a search warrant at 3660 Vista Way, Hemet, as part of an investigation into the downloading of child pornography. During the service of this search warrant computers containing images of child pornography were

-4-

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 6 of 14 Page ID #:6

recovered in the living area of Jorge Montoy ("Montoy"). Also found was a celiphone that belonged to Montoy, phone number (951) 238-9470 ("Montoys phone"). During a review of images on Montoys phone, Senior Investigator Heidi Chebahtah discovered several images that depict the sexual exploitation of a prepubescent female child, approximately 1-3 years old. 12. The images were sent to Montoys phone via text message from

phone number (909)684-4508 ("FOSTERS phone"), a number Montoy had saved in the contacts section of his phone under the name FOSTER. B. 13.

Detailed Statement of Probable Cause

Based on discussions I have had with District Attorney Investigator

Heidi Chebahtah and a review of her reports, I have learned that on February 19, 2013, Riverside County District Attorney Senior Investigator Heidi Chebahtah served a search warrant at 3660 Vista Way, Hemet, as part of an investigation into the downloading of child pornography. The warrant was authorized by the Honorable Mark Fisher of the Riverside County Superior Court (02141301). During the service of this search warrant computers containing images of child pornography were recovered in the living area of Jorge Montoy. Also found was Montoys phone. During a review of images on Montoys phone, Senior Investigator Heidi Chebahtah discovered several images that depict the sexual

-5-

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 7 of 14 Page ID #:7

exploitation of a prepubescent female child who appears to be approximately 1-3 years old. 14. According to the Cellebrite 1 report generated by Senior Investigator

Chebahtah these images were sent to Montoys cell phone from FOSTERS phone. 15. One of the images was sent on November 23, 2012 at 8:32:05 a.m.

(GMT-8) from FOSTERS phone. The image depicts a female toddler lying on her back, naked from the waist down, with her legs spread to expose her vagina. 16. Investigator Chebahtah discovered that on November 24, 2012, at

8:29:33 a.m. (GMT-8) three images were sent to Montoys phone from FOSTERS phone. Two of these images were of a small childs buttocks being spread apart exposing the anus. The third image depicted an adults finger penetrating the anus. At 8:39:11 a.m. (GMT-8), on this same day, another image was sent from FOSTERS phone to Montoys phone that depicted a small childs labia being separated by an adult finger to expose the vaginal opening.

Celibrite is a law enforcement tool that allows law enforcement to download, onto a small computer device, the digital contents of a cell phone. Once downloaded, law enforcement can use the Cellbrite tool to analyze the digital contents of the cell phone.
1

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 8 of 14 Page ID #:8

17.

On November 24, 2012, between 8:30:38 a.m. (GMT-8) and 9:21:45

a.m. (GMT-8), the following text messages were sent between FOSTERS phone and Montoys phone: Montoy: Good morning that is hot baby Montoy: How did it feel

FOSTER: I know it was tight and yummy FOSTER: I was super wet
Montoy: Mmm baby did u taste Ur finger

FOSTER: Yes I did

Montoy: Damn any more pics Montoy: And how was it lucky u

FOSTER: Sucked on it while I played with myself

Montoy: I want some of that too

FOSTER: Amazing
Montoy: Damn

FOSTER: I know u do. Soon

Montoy: Ok Montoy: Muah Montoy: Baby send me. A pic of lips held apart by Ur fingers Montoy: Damn and one that I can see her ass hole plz

-7-

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 9 of 14 Page ID #:9

Montoy: 0mg this is hot how is she liking it Montoy: One more of her legs spread wide about to pop

FOSTER: She is giggling

Montoy: 0mg pic of Ur finger in her pussy Montoy: Have u licked her pussy?

FOSTER: No I havent. Baby steps. Dont want to scare her off

Montoy: Just wondering Montoy: Ur awesome baby

FOSTER: Trust me I wanted to. FOSTER:

;-)

FOSTER::-*
Montoy: I bet u did I want to too Muah baby Montoy: Sorry cant get enough this is so fuckin hot

FOSTER: Was it as good for u as it was for me

Montoy: Yes baby Mmmmmmmm

FOSTER: WWE FOSTER: Woops. Brianas foot tested u

Montoy: Lol did u play with het too

FOSTER: No

II

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 10 of 14 Page ID #:10

Montoy: God.I.want to rub my hard on her and u then Ur mouths have her taste u Montoy: I.just came so hard Ty

FOSTER: Mmmmm
Montoy: Damn Montoy: Wow that intense

FOSTER: We aim to please. Hehehe

Montoy: And u did Montoy: 0mg that was wow Ty

FOSTER: '
Montoy: That was a nice way to wake up

FOSTER: Lets see if that will set the tone for ur day. All things good.
Montoy: Yeah it has baby Ur the best

FOSTER: Ur not to bad urself

18. Investigator Chebahtah further discovered that on February 16,

2013 at 1:14:39 p.m. (GMT-8) another image was sent to Montoys phone from

FOSTERS phone. This image depicted a close up of a female toddlers vagina.

The following are text messages sent between FOSTER and Montoys phones between 1:17:44 p.m. and 1:43:09 p.m. on that same date: Montoy: Mmmmmmmm nice

-9-

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 11 of 14 Page ID #:11

Montoy: Damn Ur awesome

FOSTER: '
Montoy: :-P Montoy: Love Ur presents muah

FOSTER: Love u
Montoy: Love u more hehehe

FOSTER: Haha. Ur funny. Muah

Montoy: Muah sexy 19. Senior Investigator Chebahtah reviewed the contact information

section in Montoys phone which revealed that FOSTERS phone was a saved contact and associated with the name FOSTER. Senior Investigator Chebahtah also reviewed the calendar section in Montoys phone, which had the name

FOSTER listed with her date of birth.

20. Senior Investigator Chebahtah ran a check of the California

Department of Motor Vehicles database which listed license number B6769993 registered to FOSTER with the same date of birth as found in the calendar section of Montoys phone. 21. On November 25, 2012, at 6:10:41 p.m. (GMT) Montoy received an

image from FOSTERS phone of a woman that appears to match the California Department of Motor Vehicle photo for drivers license number B6769993.

-10-

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 12 of 14 Page ID #:12

22.

In February of 2013, Senior Investigator Chebahtah, while

conducting surveillance at Montoys residence address 3660 Vista Way, Hemet, California, observed a vehicle with California plate number 6N1N153 parked at Montoys residence. Senior Investigator Chebahtah ran a check of the California Law Enforcement Telecommunications System (CLETS) for plate number 6N1N153. She discovered the vehicle is registered to FOSTER at address 10973 Catawba Avenue, Fontana, CA 92337. 23. On July 25, 2013, Roger Santos, T-Mobile Law Enforcement

Relations Group for T-Mobile USA Inc, sent a response to Senior Investigator Chebahtahs search warrant request for phone number 909-684-4508 (FOSTERS Phone). Roger Santos indicated that FOSTERS phone is linked to T-Mobile account number 821386232 and the name and address associated with account number 821386232 is FOSTER at address 10973 Catawba Avenue, Fontana, CA, 92337. 24. On July 26, 2013, myself and other Agents from Homeland Security

Investigations ("HSI") executed a federal search warrant at 10973 Catawba Avenue, Fontana, CA, 92337. At that location we contacted FOSTER and after being advised of her constitutional rights described in Miranda, she signed a written waiver of those rights and agreed to speak with me and Investigator Chebahtah. FOSTER told us that she and Montoy were dating for approximately

-11-

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 13 of 14 Page ID #:13

one year and broke up in November of 2012. FOSTER said that after she and Montoy broke up, they would still see each other occasionally. I showed FOSTER one of the pictures of child pornography described above. FOSTER admitted that she had taken that picture with her cell phone and sent it via text message to Montoy. After further questioning FOSTER admitted to me that she had taken all of the images described above and sent the images, along with the text messages described above, to Montoy. FOSTER told me that the female child, depicted in the pictures of child pornography she sent to Montoy, is a child she was babysitting. FOSTER told me that all of the pictures were taken at the childs home in Riverside County, California, within the Central District of California. FOSTER also told me that while she and Montoy were dating they would view child pornography on a computer together.

II II

-12-

Case 2:13-cr-00570-UA Document 1 Filed 07/29/13 Page 14 of 14 Page ID #:14

V.

Conclusion 25. For all the reasons described above, I submit there is probable

cause to believe that FOSTER has violated Title 18, United States Code, Sections 2252A(a)(2), (b)(1) (Distribution of Child Pornography) and 2251(a) (Production of Child Pornography).

GEORGE MELVIN Special Agent ICE Homeland Security Investigations Subscribed to and sworn before me this 27th day of July, 2013.

HONORABLE OSWALD PARADA United States Magistrate Judge

-13-