foster complaint

Rev. 11/97 CRIMINAL COMPLAINT (JNJtfJJL1J UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA V.

D 0.

_____�O icrcC’ CHRISTINE FOST; c ,uL’---- ’

MAGISTRATE’S 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 PLACE OF OFFENSE ADDRESS OF ACCUSED (IF KNOWN) November 23, 2012 Riverside County

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 COMPLAINANT’S 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 SIGNATURE OF COMPLAINANT foregoing is true and correct to the George Melvin best of my knowledge.

OFFICIAL TITLE Special Agent Department of Homeland Security, Homeland Security Investigations (DHS/HSI)

Sworn to before me and subscribed in my presence,

SIGNATURE OF MAGISTRATE JUDGE DATE Jul 27, 2013’ SAUSA St.epflen Merrill:ii REC:]Jetention

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

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).


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.

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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

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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 computer’s 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. Summary of Probable Cause

11. 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

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recovered in the living area of Jorge Montoy ("Montoy"). Also found was a

celiphone that belonged to Montoy, phone number (951) 238-9470 ("Montoy’s

phone"). During a review of images on Montoy’s 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 Montoy’s phone via text message from

phone number (909)684-4508 ("FOSTER’S phone"), a number Montoy had saved

in the contacts section of his phone under the name FOSTER.

B. Detailed Statement of Probable Cause

13. 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

Montoy’s phone. During a review of images on Montoy’s phone, Senior

Investigator Heidi Chebahtah discovered several images that depict the sexual

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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 Montoy’s cell phone from FOSTER’S

phone.

15. One of the images was sent on November 23, 2012 at 8:32:05 a.m.

(GMT-8) from FOSTER’S 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 Montoy’s phone from FOSTER’S

phone. Two of these images were of a small child’s buttocks being spread apart

exposing the anus. The third image depicted an adult’s finger penetrating the

anus. At 8:39:11 a.m. (GMT-8), on this same day, another image was sent from

FOSTER’S phone to Montoy’s phone that depicted a small child’s labia being

separated by an adult finger to expose the vaginal opening.

1 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.


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 FOSTER’S phone

and Montoy’s 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

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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 haven’t. Baby steps. Don’t 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 can’t 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


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: Let’s 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 Montoy’s phone from

FOSTER’S phone. This image depicted a close up of a female toddler’s vagina.

The following are text messages sent between FOSTER and Montoy’s phones

between 1:17:44 p.m. and 1:43:09 p.m. on that same date:

Montoy: Mmmmmmmm nice

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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 Montoy’s phone which revealed that FOSTER’S phone was a saved

contact and associated with the name FOSTER. Senior Investigator Chebahtah

also reviewed the calendar section in Montoy’s 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 Vehicle’s database which listed license number B6769993

registered to FOSTER with the same date of birth as found in the calendar section

of Montoy’s phone.

21. On November 25, 2012, at 6:10:41 p.m. (GMT) Montoy received an

image from FOSTER’S phone of a woman that appears to match the California

Department of Motor Vehicle photo for driver’s license number B6769993.

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22. In February of 2013, Senior Investigator Chebahtah, while

conducting surveillance at Montoy’s residence address 3660 Vista Way, Hemet,

California, observed a vehicle with California plate number 6N1N153 parked at

Montoy’s 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

Chebahtah’s search warrant request for phone number 909-684-4508 (FOSTER’S

Phone). Roger Santos indicated that FOSTER’S 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

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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

child’s 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

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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

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foster complaint

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