1

__________________________________________________________________

In the Matter of the Application of Environmental Conservation InvestigatorDaniel W. Sullivan, New York State Department of Environmental Conservation,Division of Law Enforcement, Bureau of Environmental Crimes Investigation, forSearch Warrants authorizing the Search of:

1) A residence located at #9 Route 82, Fishkill, New York 12524 (JustinMunsterman residence)

2) A residence located at 82 Maple Street, Newburgh, New York 12550 (DarrenPaolini residence)

3) A residence located at 41 Garden Street, Staten Island, New York 10314 (RonaldC. Peteroy residence)

4) The residence, attached garage and the yard including any pond, fenced area,hibernaculum or structure located at 1616 Dewey Avenue, No Bellmore, New York 11710(Harry W. Faustmann residence)

5) The yard including any pond, fenced area, hibernaculum or structure located at359 Miller Avenue, Freeport, New York 11520 (Jeffrey E. Bollbach residence)

6) The residence, and the yard including any pond, fenced area, hibernaculum orstructure located at 138 Beech Street, Islip, New York 11751 (Gideon C Hodulickresidence)

7) The residence at 32 Carrie Court, Wading River, New York 11792 (AdamBorisuk residence)

8) The apartment located at 33 Briarlane Walk, Holbrook, New York 11741(Michael D. Brooks apartment)

__________________________________________________________________

Inv. Daniel W. Sullivan, being duly sworn, deposes and says:

1. I have been employed by the New York State Department of Environmental

Conservation (NYSDEC), Division of Law Enforcement, for 29 years and have held the rank of

Conservation Investigator 1 in the Bureau of Environmental Crimes Investigation for the last

fifteen years. Before being promoted to Environmental Criminal Investigator, I spent six years

as an Endangered Species enforcement specialist and enforced both New York State and Federal

2

endangered species regulations. Currently I investigate complex felony-level fish, wildlife and

environmental crimes. I graduated from the Finger Lakes Community College with degrees in

both Science and Natural Resource Conservation and last attended Cornell University in the

Wildlife Sciences degree program. I have attended and completed specialized training in areas

such as the United States Fish and Wildlife Undercover school at the Federal Law Enforcement

Training Center in Glynco Georgia; the Western Wildlife Investigators Covert Academy in

Helena Montana; MAGLOCEN Electronic Surveillance training course in Newtown

Pennsylvania; and numerous other training seminars and conferences. Over the course of my

career, I have conducted numerous covert, undercover, and complex fish and wildlife

investigations involving the illegal commercialization of fish, wildlife and endangered species. I

have taught for over 25 years at numerous training academies in the areas of firearms, fish and

wildlife law enforcement and endangered species enforcement.

2. Lt. Richard D. Thomas (“Thomas”), shield No. 297, has been employed by the

NYSDEC Division of Law Enforcement as a Lieutenant in the Bureau of Environmental Crimes

Investigation since 2007. Thomas currently supervises four Conservation Investigators in the

eleven Counties of Region 8, investigating felony level environmental crimes a number of which

arise from covert operations. Prior to this assignment, Thomas was an Environmental

Conservation Investigator (2004-2007) and an Environmental Conservation Officer (1989-2004)

with NYSDEC. Thomas has served as an Adjunct Professor at Finger Lakes Community

College, presenting college-level instruction in Environmental Conservation Law, including

associated rules and regulations. At several training academies for NYSDEC Environmental

Conservation Officers, in addition to statutory course work, Thomas provided instruction in

conservation law field techniques, the state environmental quality review process, General

3

Obligations Law, current events in environmental law enforcement. Thomas has served as the

lead instructor for all the primary fish and wildlife identification and management courses.

3. I am a police officer as that term is defined in New York Criminal Procedure Law

(“CPL”) §1.20(34)(j) and am qualified to apply for a search warrant in the State of New York

pursuant to §690.05(1) of the CPL.

4. This affidavit is submitted in support of an application for a warrant to search the

following locations:

1) A residence located at #9 Route 82, Fishkill, New York 12524 (Justin

Munsterman residence)

2) A residence located at 82 Maple Street, Newburgh, New York 12524 (Darren

Paolini residence)

3) A residence located at 41 Garden Street, Staten Island, New York 10314

(Ronald C. Peteroy residence)

4) The residence, attached garage and the yard including any pond, fenced area,

hibernaculum or structure located at 1616 Dewey Avenue, North Bellmore, New York 11710

(Harry W. Faustmann residence)

5) The yard including any pond, fenced area, hibernaculum or structure located at

359 Miller Avenue, Freeport, New York 11520 (Jeffrey E. Bollbach residence)

6) The residence, and the yard including any pond, fenced area, hibernaculum or

structure located at 138 Beech Street, Islip, New York 11751 (Gideon C Hodulick residence)

7) The residence at 32 Carrie Court, Wading River, New York 11792 (Adam

Borisuk residence)

8) The apartment located at 33 Briarlane Walk, Holbrook, New York 11741

4

(Michael D. Brooks apartment)

5. I make this affidavit in support of an application for warrants to search the above-

described premises for items set forth below in detail, generally including illegally possessed

wildlife, and/or records and documents in paper and digital/electronic format reflecting the

purchase, sale and possession of illegally possessed wildlife.

6. Based on the facts and circumstances described herein, I submit that there is

probable cause to believe that certain persons, including Justin Munsterman, Darren Paolini,

Ronald Peteroy, Harry Faustmann, Jeffrey Bollback, Gideon Hodulick, Adam Borisuk, Michael

Brooks and others, have committed the crimes of Illegal Commercialization of Fish, Shellfish,

Crustaceans, and Wildlife under New York State Environmental Conservation Law (“ECL”), §§

71-0924(1),(2) and/or (3) and 11-0107(1) and (2), by taking, selling, offering and exposing for

sale, transporting and possessing wildlife, protected by the ECL§§ 11-0103 (2)(c),(6)(c), and

(6)(e)(5); 11–0535; and 6 NYCRR Part 182, and Conspiracy to commit those crimes.

7. Further, there is probable cause to believe that certain property, consisting

primarily of illegally possessed animals, paper and electronic communications, business and

financial records, and photographic material, in paper and digital/electronic format described in

detail below, now within the premises described above, have been used and are possessed for the

purpose of being used to commit and conceal the commission of the aforesaid crimes; are

implements and instruments used in the commission of a crime; and constitute evidence of and

tend to demonstrate the aforesaid crimes were committed, and that particular persons committed

them.

8. I make this affidavit based on our information and belief, the source of which is

5

the examination of the file maintained by the NYSDEC, including information from cooperating

witnesses; recordings made by myself and Thomas of personal, telephonic and electronic (email

via the Internet) conversations with individuals suspected of violating various provisions of the

ECL; the acquisition and review of information obtained from the use of readily available

Internet tools and databases; the acquisition and review of business records, bank statements, and

telephone records, obtained from a variety of sources; and observations made by NYSDEC

investigators and others, including investigators with the New York State Attorney General’s

Office (“NYSAG”), the United States Fish and Wildlife Service, the United States Immigration

& Customs Enforcement Agency, the Ontario Ministry of Natural Resources, Environment

Canada, and the Pennsylvania Fish and Boat Commission (“PFBC”).

9. During the course of this investigation and the preparation of this application, I

have had hundreds of personal, telephonic and email conversations with Thomas regarding the

activities and communications that Thomas has engaged in throughout this investigation. I have

reviewed and confirmed with Thomas each activity and conversation set forth in this application

that is attributed to Thomas. In addition, if the court desires, Thomas will be available for

further examination.

Introduction

10. Pursuant to ECL § 11-0105, the state has ownership and control of all fish, game,

wildlife, shellfish, crustacea and protected insects, except those legally acquired and held in

private ownership. This case involves species of wildlife protected by New York law, including

1 ELC § 11-0103 (2)(c) “Small game means black, gray and fox squirrels, European hares, varying hares,cottontail rabbits, native frogs, native salamanders, native turtles, native lizards, native snakes, coyotes, red fox(Vulpes vulpes) and gray fox (Urocyon cinereoargenteus) except captive bred red fox or gray fox, raccoon, opossum,or weasel, skunk, bobcat, lynx, muskrat, mink, except mink born in captivity, fisher, otter, beaver, sable and martenbut does not include coydogs. (Emphasis added).

2 ELC § 11-0103 (6)(c) “Protected wildlife” means wild game, protected wild birds, protected insects,species of special concern and endangered and threatened species of wildlife designated by the department pursuantto section 11-0535 of this article, species listed in section 11-0536 of this article and species protected pursuant tosection 11-0311 of this article. (Emphasis added).

3A listing of the native New York species designated as “endangered”, “threatened” or “of special concern”may be found at 6 NYCRR Part 182.

4 ELC § 11-0103 (6)(e) “Wild animal” ...[includes]....(5) All reptiles that are venomous by nature, pursuantto department regulation, and the following species and orders: Burmese Python (Python m. bivittatus), ReticulatedPython (Python reticulatus), African Rock Python (Python sabae), Green Anaconda (Eunectes maurinus), YellowAnaconda (Eunectes notaeus), Australian Amethystine Python (Morelia amethistina and Morelia kinghorni), IndianPython (Python molurus), Asiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus nilocitus), WhiteThroat Monitor (Varanus albigularis), Black Throat Monitor (Varanus albigularis ionides) and Crocodile Monitor(Varanus salvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof, (6) Crocodylia. (Emphasisadded)

6

“small game”1, such as native turtles, snakes and salamanders; “protected wildlife”2, including

species designated by the federal government and/or NYSDEC as endangered, threatened or of

special concern3, such as spotted turtles, eastern box turtles, wood turtles, timber rattlesnakes,

eastern massasaugua rattlesnakes, and yellow spotted amazon river turtles, and “wild animals4,

typically reptiles that are venomous by nature such as copperheads, rattlesnakes, and rhino

vipers.

11. Based on my experience and training, I know that reptiles and amphibians,

collectively known as herpetofauna or “herps”, play a critical role in ecosystems as both

predators and prey and are important indicators of the environmental quality for all organisms,

including humans. Timber rattlesnakes, along with their ecological value, remain one of the few

7

signs of true wildness to those able to see them. I know that the eastern red-backed salamander,

among others, breathes through its skin, and, along with all amphibians, is extremely sensitive to

changes in air quality. I also know that spotted turtles share the same sensitivity towards water

pollution. I am also aware that several species in New York are on the brink of extirpation, and

that population extirpations are widespread. All native New York turtles have high rates of

natural mortality for juveniles while, as in the case of the wood turtle, it takes from 14-18 years

to reach maturity before egg laying. Thus the removal of even a few adults from a population

can result in the disappearance of an entire species from a particular location.

12. Based on my experience and training, I am also aware that many of these

“indicator species” in New York are threatened with extinction. In addition to habitation loss

and environmental contamination, perhaps the most significant factor in the extirpation of New

York’s reptiles and amphibians is the illegal collecting and commercial exploitation of these

wild species. Historically, certain species of frogs and turtles in New York have been harvested

for their nutritional value and subsequent food market value. The state has listed several of those

species as endangered, threatened or of special concern. I now know that the illegal commercial,

or “black” market in New York herp species for the pet and collector trade is an equal, or even

greater threat than the commercial food market. Many New York species of reptiles and

amphibians are highly prized in the black market and are typically selling for hundreds or

thousands of dollars over the Internet, at herp shows and privately among collectors. There has

been a strong growth in the herp “culture”resulting in the increased illegal taking, possession,

purchase and sale of protected reptiles and amphibians. In addition, herp depletion in many

foreign countries, where turtles and snakes are revered in culture for worship and medicinal

8

purposes, is now impacting our own species. I know that the value put on many of our native

reptile and amphibians by the herp culture and the global black market encourages the illegal

taking of herps from the wild.

13. I am aware that the federal government through the United States Fish and

Wildlife Service (“USFWS”) enforces the Convention on International Trade in Endangered

Species of Wild Fauna and Flora (“CITES”), which allows the international trade in wildlife

species only where such trade is sustainable. Four native New York species of turtles are listed

by CITES: the bog, wood, eastern box, and common map turtles. The USFWS also administers

the federal Endangered Species Act and enforces the Lacey Act, which criminalizes the

importation, exportation, transportation, buying and selling of any species, including reptiles and

amphibians, taken or possessed in contravention of federal, state or tribal laws.

14. The ECL divides wildlife (wild game and all other animal life existing in the

wild, except fish, shellfish and crustacea) into “protected wildlife” and “unprotected wildlife.”

Until January 2006, most amphibians and reptiles faced a serious threat that was not generally

felt by protected wildlife, such as wild birds and mammals, because the New York laws that

regulate the hunting, collecting and purchase or sale of game birds, fish and big game generally

did not apply to herps. Effective January 1, 2006, all native amphibians and reptiles were

designated as “small game” and their taking, possession and commercialization (purchase and

sale) became regulated.

15. In the absence of a permit, the possession, transportation, importation or

exportation of game and protected wildlife, including reptiles, amphibians and venomous snakes,

is generally prohibited whether taken within the state or coming from without the state. See

5ECL § 71-0923. Violations. 1. Any offense specified in section 71-0919 of this article, unless made amisdemeanor by section 71-0921 of this article or another provision of such chapter, shall be a violation, punishable,except as otherwise provided in this section, by imprisonment for not more than fifteen days, or by a fine of not morethan two hundred fifty dollars, or by both such fine and imprisonment.

ECL § 71-0924. Illegal commercialization of fish, shellfish, crustaceans, and wildlife. Notwithstanding anyother provision of this chapter, when a violation involves the sale, trade or barter of fish, shellfish, crustaceans,wildlife, or parts thereof, the sale, trade or barter of which is prohibited by the fish and wildlife law, the followingadditional penalties shall be imposed: 1. where the value of fish, shellfish, crustaceans, wildlife, or parts thereof, istwo hundred fifty dollars or less, the offense shall be a violation punishable by a fine of five hundred dollars and/ornot more than fifteen days of imprisonment; 2. where the value of fish, shellfish, crustaceans, wildlife, or partsthereof, is more than two hundred fifty dollars but does not exceed one thousand five hundred dollars, the offenseshall be a misdemeanor punishable by a fine of five thousand dollars and/or not more than one year of imprisonment;and 3. where the value of fish, shellfish, crustaceans, wildlife, or parts thereof, exceeds one thousand five hundreddollars, the offense shall constitute a class E felony under the provisions of the penal law. 4. For the purposes of thissection the value of fish, shellfish, crustaceans and wildlife shall be the fair market value of or actual price paid forsuch resource, whichever is greater. For purposes of this section, "sale" shall include the acts of selling, trading orbartering and all related acts, such as the act of offering for sale, trade or barter, and shall also include the illegalpossession of fish, shellfish, wildlife or crustacea with intent to sell. It shall be presumptive evidence of possessionwith intent to sell when such fish, shellfish, wildlife or crustacea is possessed in quantities exceeding the allowablerecreational quantities, or is possessed in a retail or wholesale outlet commonly used for the buying or selling of suchfish, shellfish, wildlife or crustacea, provided, however, that nothing in this subdivision shall preclude the admissionof other evidence which may serve to independently prove a defendant's intent to sell.

9

ECL §11-0107. ECL §11-0535 gives native New York species listed by the state, or non-native

species listed by USFWS as endangered or threatened, additional protections. Enforcement of

ECL Article 11 (generally referred to as the state “fish and wildlife law”) is within the duties of

the NYSDEC; criminal violations carry penalties ranging from 15 days’ incarceration and/or a

fine of $250, up to and including four years’ incarceration and/or a fine of $5,000 for the illegal

commercialization of wildlife having a value exceeding $1,500.5

16. Lastly, ECL §71-0911 specifies that whenever it appears probable that wildlife or

game taken or possessed contrary to the Fish and Wildlife Law are concealed, any local criminal

court having criminal jurisdiction shall issue a search warrant for the discovery thereof in

accordance with the provisions of article 690 of the Criminal Procedure Law.

6 When, during the course of the application, your applicant refers to activities, findings and conclusionsmade engaged in or made by “we,” I am referring to both Thomas and Sullivn. Again, your applicant has observed,discussed and confirmed the activity, findings and conclusions with Thomas during this investigation and thepreparation of the application.

10

THE INVESTIGATION

17. This two-year undercover investigation has determined that there is a significant

market for individuals who illegally collect, sell, buy and trade protected species of wildlife that

are considered native to New York, such as the eastern box turtle pictured above. We6 also

established the existence of a lucrative trade, both legal and illegal, for non-native, exotic, and

often dangerous reptiles and amphibians. These markets are driven by collectors and individuals

who are looking to profit on a rising demand for wildlife species that are becoming increasingly

more rare. As a species of reptile or amphibian, like all wildlife, becomes more rare, the value

rises significantly. Thus, illegal collectors are motivated more to seek out disappearing

populations. During our investigation, we have observed and interacted with an entire “culture”

of individuals exhibiting a desire to possess endangered, threatened, and protected turtles,

venomous and non-venomous snakes, frogs, salamanders and lizards. The herp culture is very

active through innumerable web sites and blogs on the Internet and collector shows that range

11

from those held by local clubs to regional and national shows with thousands of attendees.

18. Beginning early in 2006, Thomas and I researched the NYSDEC’s complaint

database to establish reptile and amphibian enforcement actions that had taken place in the recent

past focusing on the individuals involved and geographic locations. We met with NYSDEC

Herpetologist, Alvin R. Breisch, and spent a significant amount of time afield with Breisch

learning the natural history of New York’s native herps and the problems they face. We also met

with other NYSDEC law enforcement personnel and other professionals that had been involved

with or had knowledge of herp enforcement issues and actions. After this review, we began to

Show announcement for New York Herp showPopular reptile and amphibian classified website

12

establish a list of potential participants in the illegal herp trade, herp web sites highlighting the

sale of native wildlife, and culture-based shows and exhibits where known illegal trading

occurred.

19. Thomas and I also met with conservation law professionals from other states and

Canada to establish known reptile and amphibian illegal market issues in other locations and to

learn about techniques used by other law enforcement agencies. Our initial research showed a

number of potential violations occurring across state and international boundaries. We spent

considerable time with agents of the USFWS, officers from Environment Canada and the

Province of Ontario, and state officers with significant herp enforcement experience from

Pennsylvania, Ohio, Maryland, Delaware, New Jersey, Florida, Michigan, and Wisconsin.

20. In November of 2006, Thomas attended a meeting hosted by the USFWS in

Hadley, MA. The purpose of the meeting was to share intelligence on the illegal reptile and

amphibian trade between representatives of the northeastern United States and the USFWS.

Every state’s representative provided a presentation on illegal activity that he or she were aware

of through the Internet, shows, and contact with collectors in the field. At the meeting, it became

apparent that New York State, with its large port of entry, New York City, and human resources,

is a hub of illegal trading in the Northeast.

21. Beginning early in 2006, Thomas and I established undercover identities and

began to communicate with various sellers of native herps through the Internet and by telephone.

We spent a lot of time establishing ourselves on the Internet, answering classified ads and

participating in forum discussions. We educated ourselves in the language used within the herp

7 From http://www.kingsnake.com/articles/glossary“morf”usually refers to the different colorations and patterns produced by one mutation or a combination ofmutations in a particular species.“2.3.0 EDB” refers to the number of males, females, and unknowns possesses of a species, such as easterndiamondback rattlesnakes.“LTC” means long term captive.“hots” is a term used to refer to venomous snakes or lizards.

13

culture with words, ratios and terms such as “morph,” “2.3.0 EDB,” “LTC” and “hots.”7

22. We identified several popular Internet sites and they were constantly monitored

for their regular posting of classifieds and forums relating to native reptiles and amphibians. We

found that most sellers advertising illegal herps indicated they were from the “USA,” or

“Nationwide” For example, see post below from a popular website, kingsnake.com, showing

how sellers disguise their physical location:

It was also noted that most out-of-state sellers would sell to New Yorkers, but attempted to free

themselves of liability by telling us they could ship into New York, but it was the buyer’s

responsibility to have the legal right to receive it. We also saw information on “blogs” (a web

site set up personally by an individual or group) that actually described illegal collecting activity

14

in the field. Finally, we monitored popular posting sites such as YouTube and MySpace for

pictures and video of illegal activity.

23. Beginning in August of 2006, Thomas and I attended reptile and amphibian

shows to establish relationships with herp vendors and customers. From August of 2006 to

October of 2008, we attended 23 herp shows in New York, Pennsylvania, and Ohio. The shows

included large Northeastern events with 100-200 vendors and several thousand attendees as well

as smaller regional events.

We witnessed numerous illegal transactions involving illegal herps between vendors and

established customers. Over time, we established relationships with many of the vendors, which

allowed us to enter their inner circle of trustworthy associates. By early 2007, Thomas had

established himself as a vendor of high end reptile and amphibian photographs, opening the door

for collection outing invitations and opportunities to photograph individual herp collections.

24. Thomas and I covertly inspected popular cultural markets in New York City and

other metropolitan areas in New York to identify with the sellers and buyers dealing in native

Reptile show with over 100 exhibitors (2)

15

wildlife species. We spent time with NYSDEC personnel assigned to those areas and found an

active trade in herps, especially turtles. Thomas worked the Fulton Fish Market with Region 2

NYSDEC personnel and identified native turtles from a Maryland dealer being sold to

distributors in New York for resale. The Maryland source of the turtles is under investigation

and has purchased illegal New York turtles from the covert investigators.

25. The Investigators spent hundreds of hours afield with violators while they were

illegally collecting and acquiring contraband to be used in covert transactions. As an example,

Thomas spent time afield with a target in the lower Hudson Valley, after purchasing a protected

salamander from the individual. Thomas photographed the target’s personal collection of

protected native turtles and venomous snakes.

Eastern painted turtles discovered being sold illegally in NYCInspecting turtles sold in NYC’s China Town

Northern red salamander

16

I covertly accompanied two known turtle egg poachers on Long Island while they collected more

than a thousand protected turtle eggs for incubation, hatching, and sale. Those hatchling

snapping turtles were later laundered through a Louisiana turtle farm and are believed to have

been sold to China, while some were sold to a covert enforcement officer in Pennsylvania. We

also received authorization to collect our own snapping turtle eggs and adult snapping turtles for

covert buys. We built a large incubator and hatched several hundred turtles that were then

covertly sold through the Long Island subjects to Louisiana. In addition, adult snapping turtles

were sold over a two-year period to a Maryland processor who has told me that he is butchering

several hundred thousand turtles a year, many from New York, for sale to metropolitan markets

in the United States and China.

26. Our investigation has included numerous significant covert transactions that alone

show the broad scope of the illegal reptile and amphibian trade. Our efforts to uncover criminal

activity involving our native species has revealed that our New York indicator species, those

animals that tell us the health of our environment, are illegally collected, bought and sold inside

the state, outside of the state, and internationally. And we have found that New York State is an

active playground for the trade in exotic herps, including highly endangered species and

dangerous venomous snakes.

27. Our first covert transaction involved one of the most well known turtle dealers in

the United States. This self-proclaimed expert on the spotted turtle has produced both a book

(below) and a video on the species. In the book, he suggests that collectors watch out for

undercover fish and wildlife agents as those agents will attempt to set people up to buy wild

caught adults. Even after I told this individual about the New York laws, he still sold me 14

17

spotted turtles.

28. After noting a classified ad on the popular website, venomousreptiles.org (below),

I made contact with a Canadian subject who was “looking for trustworthy Americans” to trade

snakes.

The individual was seeking timber rattlesnakes, a threatened species in New York. The Ontario

resident provided pictures of the massasauga rattlesnakes, listed as endangered in both Ontario

and New York, that he had taken from the wild and was offering to trade to me for New York

timber rattlesnakes. In May of 2008, and again in October of 2008, the target brought a total of

35 endangered snakes and one spotted turtle (also listed as endangered in Ontario) into the

18

United States and traded them to me (see photo below). During the October transaction, the

target was arrested on State, Federal, and Canadian charges when he delivered 33 massasauga

rattlesnakes across the border. I am informed by Ontario Provincial officials that his collecting

activities could have decimated an entire population of a rare animal, and rehabilitation work is

under way currently to return the snakes to their habitat in the spring.

Throughout several months of email correspondence and telephone conversations, the target

exhibited a thorough knowledge of, and willingness, to break the New York State and Federal

laws pertaining to illegally taking, smuggling and sale of threatened and endangered species.

29. After locating a classified ad on one of the largest herp websites, Kingsnake.com,

I made contact with a individual from Long Island who was soliciting snapping turtle hatchlings

by the thousands. Our investigation revealed this target, with an associate, was personally

collecting thousands of snapping turtle eggs from state land on Long Island each spring. They

were then incubating and hatching the eggs, and “laundering” the juvenile turtles through a turtle

farm in Louisiana for sale to buyers in China. The original classified ad was an attempt to “buy

low and sell high” from other illegal collectors. Taped conversations and financial records

Rattlesnake secreted in a speaker box in a mini-van Measuring a smuggled endangered massasauga rattlesnake

19

obtained during the investigation revealed transactions in the tens of thousands of dollars each

year. Ultimately, I accompanied the targets while they illegally collected eggs; sold them

juvenile turtles; sent illegal shipments of juvenile turtles we hatched to the targets for sale to a

turtle farm in Louisiana; and monitored their felony sales of turtles in New Jersey and

Pennsylvania to a Pennsylvania covert officer working with us.

30. In October of 2007, Thomas identified a seller on Kingsnake.com, purporting to

be from Pennsylvania, who was advertising a red salamander for $75. Further investigation

revealed that the seller was actually from Dutchess County, New York, and was intentionally

disguising his location. A covert contact was made and Thomas, posing as a photographer, met

with the subject at the subject’s residence. There Thomas purchased the salamander,

photographed illegal box turtles, spotted turtles and venomous copperhead snakes, and went

afield “herping” with the target. During subsequent months, we documented further illegal

collecting by this individual and an associate. Over several transactions, Thomas and I

purchased copperhead snakes, timber rattlesnakes, eastern box turtles, a wood turtle, spotted

salamanders, and several other species of salamanders collected by the original target and his

colleague from the wilds of New York. Notably, many of the transactions occurred at the

Hamburg, Pennsylvania reptile show, the largest of it’s kind in the Northeast. At the show, we

observed the New York targets regularly profiting from the illegal commercial sale of New York

native wildlife across State lines. Both individuals have told us that they possess extensive,

unpermitted collections of exotic venomous snakes and have ties to a large Florida-based

international dealer of herps.

20

31. One of the initial ongoing complaints that influenced NYSDEC’s decision to

begin a significant enforcement initiative was the illegal commercial trapping of common

snapping turtles from New York’s wetlands. Our investigation identified a significant buyer in

the State of Maryland, operating a business know as Turtles Deluxe, who was purchasing

thousands of pounds of snapping turtles taken illegally by trappers in New York. I covertly

purchased turtles from one New York trapper, and Thomas accompanied another as he illegally

trapped snapping turtles. We also, with authorization, live trapped and collected more than 150

adult snapping turtles for covert sales. In 2007, and again in 2008, undercover officers sold

several hundred pounds of illegal snapping turtles to the Maryland buyer.

Copperhead taken illegally from the wild and photographed by covert investigator

Snapping turtles and eastern painted turtles in an illegal trap

21

32. In addition, we found that special interest societies and internationally known

conservation organizations are not immune to the illegal activities of their members. In May of

2007, while acting as an undercover, Thomas purchased five spotted turtles from an individual

who told us that he is a member of the New York Turtle and Tortoise Society. And, in 2008, I

completed covert transactions with three purported members of the Long Island Herpetological

Society, selling them North American wood turtles and spotted turtles and trading with one

Society member for eastern box turtles (see picture below). Based upon our experiences, some

of the herp culture enthusiasts have indicated that they consider “captive-bred” reptiles and

amphibians acceptable to possess, buy and sell although they know the law does not differentiate

between wild and captive bred. Unfortunately, much of the captive breeding activity is initiated

or supplemented by illegal wild capture and the prices paid for any protected herp encourages

more field collecting.

33. I covertly purchased a number of turtles native to New York from a large on-line

Internet turtle sale dealer from Florida. This dealer, operating through the website

turtlesale.com, sold me a felony amount (more than $1,500) of spotted turtles, and North

American wood turtles after being informed by Sullivan that it is illegal to sell species native to

22

New York, into New York State, even if the specific animals are not from New York. We

observed that many Internet dealers do provide warnings on their sites indicating they will not

knowingly ship reptiles and amphibians unlawfully. Yet one of the most prominent websites,

Turtlesale.com, (see post below) chooses to ignore New York State regulations, indicating that

only the buyer is responsible. Again, the black market values placed on many protected herp

species encourages illegal collection and trade.

34. In 2006, Thomas and I, working covertly, purchased two venomous reptiles from

a Staten Island, New York resident who was possessing them illegally. One of the snakes, a

rhinoceros viper, is considered extremely dangerous. We continued to communicate with this

individual, and in 2007, discovered he was operating as an importer of rare reptiles. In 2008, for

$2,000, Thomas purchased two Federally-endangered yellow spotted amazon river turtles (see

23

photo below) from this target. The target completed the transaction after he advised Thomas that

his associate in Florida was currently in jail for the same offense.

35. Collectively, Thomas and I recorded hundreds of violations of the New York

State ECL while uncovering a number of significant crimes, many of them felonies, committed

by individuals and businesses exploiting an environmentally sensitive and critical part of New

York’s ecology. In addition, we developed a number of cases with the Pennsylvania Fish and

Boat Commission involving ten or more individuals and, to date, have arrested a reptile poacher

from Canada on state felony charges and federal smuggling charges, recovering a number of

endangered species for return to the wilds of Ontario. (See paragraph 28 above.)

36. The NYSDEC Division of Law Enforcement’s undercover operation was

intended to define the actual commercial threat to our indicator species and address that threat

during a time when society is becoming more and more aware of the importance of ecological

diversity and the need to protect the resources that fulfill important roles in our environment.

We have found a active black market for our native reptiles and amphibians, with much of the

active trading involving protected species done over the internet, under the tables at trade shows,

Yellow headed amazon river turtle

8

Pursuant to 6 NYCRR Part 3, §§ 3.2(a), 3.3(a), 3.4(a), 3.5(a), 3.6(a), native turtles, snakes, lizards, frogs andsalamanders are defined to include “...all life stages, including eggs...”

24

and in parking lots, businesses, and residences. We have also found the possession of illegal

dangerous venomous animals, native and exotic, to be a prominent issue in New York.

PLACES TO BE SEARCHED & EVIDENCE TO BE SEIZED

37. At three of the target locations, the property to be seized consists solely of

illegally possessed animals; at three of the target locations we are seeking to seize only business

records in paper and digital/electronic format; and, at two of the target locations we seek

authorization for the seizure of both illegally possessed reptiles and amphibians and business

records in paper and/or digital/electronic format. Where business records are sought, I expect

that some or all of the records may be maintained on digital/electronic media.

Illegally Possessed Animals

38. Based on my experience and training, including both my and Thomas’

involvement in the execution of many search warrants, I anticipate that a search of at least five of

the locations will result in the seizure of illegally possessed reptiles and amphibians including

protected turtles, snakes, frogs and salamanders as those terms are defined in the ECL, and that

such animals may be alive (in any life form, including eggs)8 or dead. During the execution of

the search warrants, NYSDEC will have trained technicians and biologists on-site to identify

illegal reptiles and amphibians.

39. On November 24, 2008, Thomas caused a search to be made of the NYSDEC’s

25

Special Licenses unit for any permits or licenses that would allow the possession of regulated

wildlife by an individual residing at the target locations, including Adam Borisuk, Nadine

Agliata, Michael Brooks, Justin Munsterman, Darren Paolini, Harry Faustmann, Jeffrey

Bollbach, Gideon Hodulick, and Ronald Peteroy. Historically, NYSDEC has issued permits to

control the possession of certain exotic venomous snakes based in part on applicant’s ability to

satisfy public safety concerns. However, NYSDEC, in an effort to carry out its statutory

obligations and to protect native venomous snakes, has only issued permits to possess native

venomous snakes to scientific collectors for specific educational and scientific purposes.

Thomas was informed by Joseph Therrien, an NYSDEC wildlife biologist, that no permits or

licenses have been issued by NYSDEC to any of the named individuals (except for Darren

Paolini and Adam Borisuk) that would allow the possession of any regulated wildlife in New

York. NYSDEC did issue permits to Paolini and Borisuk allowing them to possess certain

exotic venomous snakes. Paolini’s permit expired in 2004, and he submitted a interim permit

renewal form that was neither approved nor denied as of November 24, 2008. Borisuk submitted

a interim permit renewal form in February 2005 that was neither approved nor denied as of

November 24, 2008. The State Administrative Procedures Act states that such permits remain in

effect until the renewal has been acted upon by NYSDEC. The Special Licenses unit has not

acted on any permit requests related to exotic venomous snakes since 2004, pending direction

from the NYSDEC. Accordingly, this search warrant application does not seek the seizure of

any exotic venomous snakes, only native New York species of venomous snakes. If and when

we encounter exotic venomous snakes the animals will be tagged and secured in situ and

NYSDEC will deal with their continued possession and ownership administratively.

26

Business and Financial Records

40. Based on our experience and training, including both my and Thomas’

involvement in the execution of many search warrants seeking business records, we know that

legitimate businesses are required to keep certain business records and that even illegal

businesses generally maintain records. During this investigation, Thomas and I have observed

countless transactions involving the purchase of both legally and illegally possessed wildlife by

dozens of individuals and businesses. These transaction were handled by cash, check and credit

cards. The transactions often generated credit card records, banking records, billing records,

shipping records, shipping containers and shipping labels. In addition, the transactions were

often arranged and/or completed with communications between the parties that generated

telephone records, appointment calendars and telephone and email directories. Lastly, Thomas

and I have observed that buyers and sellers of reptiles and amphibians often maintain records

detailing their inventory, feeding schedules, breeding, and trading logs. Thomas and I also

know, from our years of executing search warrants investigating other environmental crimes,

that most business records and documents are maintained for extended periods of time.

Financial, payroll, and tax information are required to be kept for many years. Business records,

in this case, include corporate documents, telephone records, checking, savings, and credit card

records with financial institutions, bank records, billing and accounts receivable statements,

shipping records, shipping labels, labeled shipping containers, correspondence and

communications with other buyers and sellers and their representatives, calendars, appointment

books, telephone books, inventory, feeding schedules, breeding and trading logs.

41. In addition, Thomas and I have seen Internet postings and spoken with

27

individuals involved with the illegal commercial trade in reptiles, amphibians and venomous

snakes, and I am aware that these individuals frequently have photographs and maintain

photographic albums of their possessions, and the animals they have purchased and sold. Based

upon the training I have received, as well as experience conducting this investigation, I have

learned that people who buy, produce, trade or sell illegally possessed wildlife rarely, if ever,

dispose of their photographs and photographic albums, and they treat these materials as prize

possessions. Such photographic evidence may be in printed or digital/electronic format.

Computer Systems

42. Based on my and Thomas’ email contact with some of our suspects and their

maintenance of Internet web sites, I believe that there are computers located at some of the

locations set forth below, and that computers were used to facilitate the, purchase and sale of

protected animals and wildlife. As a result of logistical difficulties involved in searching

computer systems, as set forth below, it may be necessary to remove the computer systems to a

secure location to conduct a forensically safe search for electronic data comprising the records

specified above.

43. Based upon my training and experience, I know that records kept on a computer

and/or on electronic storage devices may remain on such equipment even if the records have

been “deleted.” After deletion, they may reside on the digital media of the computer or storage

devices, invisible to the average user. These records are recoverable by trained computer

forensic experts using specialized tools.

Conduct of a “Computer” Search & Seizure

28

44. Based upon my experience and training and conversations I had with Michael G.

McCartney (“McCartney”), a NYSAG Senior Investigator currently assigned to the

Investigations Bureau in Buffalo, New York, I know that searching and seizing information from

computers often requires agents to seize most or all of the components of the computer system to

be searched later by a qualified computer expert in a laboratory or other controlled environment.

45. McCartney has been a NYSAG investigator since 1995. During his work with the

NYSAG, McCartney has conducted, coordinated and/or participated in over three hundred

Internet and computer crime-related investigations. McCartney has received training through the

International Association of Computer Investigative Specialists ("IACIS") in computer forensics

and evidence processing and he has received IACIS certification in computer evidence

processing. McCartney has performed and assisted at hundreds of computer-related search

warrant executions for the NYSAG and many other law enforcement agencies, including

NYSDEC. McCartney has also trained law enforcement officers from numerous federal, state

and local agencies in conducting high technology criminal investigations, investigations into

computer crime and related forensic matters.

46. McCartney advised that we may be required to seize most or all of the

components of any computer system to be searched later by a qualified computer expert in a

laboratory or other controlled environment for the reasons set forth below.

47. In the first instance, trained computer forensic investigators will determine if any

component of the computer system present at the location can be duplicated through the creation

of a duplicate original forensic images. If so, such an image of the computer component and/or

29

electronic data will be created on-site, and the duplicate original forensic image data seized and

removed for subsequent analysis, leaving the original computer component behind. In the event

that a specialist working on our behalf determines that it is impracticable to create a duplicate

original forensic image on-site, the computer system, or part thereof, will be removed to a

laboratory setting for imaging, and the computer components will be returned as soon as

practicable.

48. For purposes of this affidavit, unless otherwise specifically indicated, the term

“computer” refers to the box that houses the central processing unit, along with any internal

storage devices (such as internal hard drives), and internal communications devices (such as

internal modems capable of sending/receiving electronic mail or FAX cards), along with any

other hardware stored or housed internally. Thus, “computer” refers to hardware, software, and

data contained in the main unit. When the computer and all peripherals are referred to as one

package, the term “computer system” is used.

49. The term “computer hardware”, as used in this affidavit, refers to all equipment

which can collect, analyze, create, display, convert, store, conceal, or transmit electronic,

magnetic, optical, or similar computer impulses or data. Hardware includes any data-processing

devices (such as central processing units, memory typewriters, and self-contained “laptop” or

“notebook” computers), internal storage devices, transistor-like binary devices, and other

memory storage devices, and related communications devices ( modems, cables and connections,

recording equipment, RAM or ROM units, acoustic couplers, automatic dialers, speed dialers,

programmable telephone dialing or signaling devices, and electronic tone-generating devices), as

well as any devices, mechanisms, or parts that can be used to restrict access to computer

30

hardware (such as physical keys and locks).

50. The term “computer peripherals”, as used in this affidavit, refers to all external

components, such as external hard drives, external modems (attached by cable to the main unit),

floppy discs, Compact Disks (“CDs”), thumb drives, and attached input/output devices (such as

keyboards, printers, scanners, plotters, video display monitors, and optical readers).

51. The term “computer software,” as used in this affidavit, refers to digital

information, which can be interpreted by a computer and any of its related components to direct

the way they work. Software is stored in electronic, magnetic, optical, or other digital form. It

commonly includes programs to run operating systems, applications (such as word-processing,

graphics, or spreadsheet programs), utilities, compilers, interpreters, and communications

programs. Computer software is generally sold by a manufacturer in the form of digital data

contained on various computer media, such as 3½ inch floppy diskettes, CDs, and may also be

found installed on the computer hardware.

52. Computer hardware is used to save original digital information, or data, and/or

digital copies of files and communications. Computer peripherals, such as external storage

devices and printers (used to make paper print-outs), store data. Software programs loaded on

the computer hardware are the means by which the computer can send, print, and save such

activity. Finally, password and security devices are often used to restrict access to, or hide

computer software, documentation, or data. Each of these components of the computer system is

integrated into the entire operation of a computer. In order to best evaluate the evidence, the

entire computer system, and all of the related computer components and equipment described

below, should be available to a computer investigator or analyst to complete a safe and proper

9

I was informed by McCartney that a computer's hard-drive stores information in a series of “clusters” each of whichcontain a limited number of electronic bytes. The hard-drive contains millions of such clusters and the computer jumpsrandomly among the clusters when storing a particular file. Thus, a portion of a memo could be at cluster 103 while thenext portion of the memo could be stored at cluster 2057. When retrieving the memo, the computer knows where to findthe next appropriate cluster because of information supplied from a file table in the systems area of the hard drive. If thememo had been “deleted”, the only thing initially removed is the “pointer” information from the file table. The clusterscontaining the data are not erased (or covered over) until a new file is “saved” to the same clusters. Because the computerrandomly looks for available clusters in which to store the new file data it may or may not select the “old memo” clustersto store the new data. Until the clusters are covered with new data the old memo remains.

31

forensic review and data analysis.

53. In addition to the need to have all of the components available when a search of

the computer data is undertaken, the search itself is often a time consuming process. Unlike the

search of paper files found in desks, cabinets, and boxes, computers store data in files that cannot

always be easily reviewed. For example, software and individual files can be password

protected; files may be secluded in hidden directories; files can be mislabeled or be labeled with

names which are misleading; similarly, files which contain innocent appearing names such as,

“Smith. ltr”, but that actually contain electronic commands to the computer directing it to self

destruct; files can also be inadvertently deleted, but unlike the destruction of paper documents,

deleted electronic files remain on the storage device until randomly written over by the

computer9. Because of these issues, the investigator or analyst must follow a time-consuming

procedure to review the contents of the computer and the computer-related equipment so as to

insure the integrity of the data and/or evidence. Even if a deleted file has been overwritten and

no fragment remains, applications, which provide access to the Internet and also the operating

systems, may maintain records (or logs) of activity on the Internet for an indefinite period of

time. Such logs are located in directories not usually used or accessed by computer users. A

single computer and its related components may take many days or several weeks to properly

analyze.

32

54. Accordingly, unless circumstances allow the investigators to safely create

duplicate images of the data contained within computers on-site, it may be necessary to seize the

computers and computer related equipment and remove these to a forensically-secure location in

order to properly conduct a thorough search of their contents. This will greatly diminish the

intrusion of law enforcement into the premises, and will ensure that investigators can search for

evidence without the risk of losing, destroying, or overlooking the information for which there

has been authorization to search.

55. Therefore, it is respectfully requested that the warrant sought by this application

authorize the search and seizure for all computer systems, including computer hardware,

computer software, and peripherals by whichever methods are practicable.

THE LOCATIONS

1) #9 ROUTE 82, FISHKILL, NEW YORK 12524

(Justin Munsterman residence)

56. During the course of this investigation, Thomas monitored popular reptile Internet

web sites. On October 18, 2007, while checking the classified posts on Kingsnake.com, Thomas

saw a post stating: “I have one Northern Red Salamander available. It looks to be a female but

not positive. Around 5" long. It is in perfect health and is feeding on small worms.” The

contact for the post was listed as “Justin” and the post indicated he was from Pennsylvania.

Thomas also noted a second post that day from Justin selling a pair of Chinese copperheads, a

species of venomous pit viper. The second post listed a phone contact for Justin, (845) 625-

4710. An Internet search on Google.com, conducted by Thomas, revealed that area code “845”

was in the lower Hudson Valley area of New York State.

33

57. Thomas sent an email to Justin using the response service on Kingsnake.com and

on October 19, 2007, Thomas received an email from

JustinMunsterman<exoticviper@yahoo.com> stating:

“RichardI only have the one Northern Red Salamander... that is not a photo of the actualone i have posted. The actual one i have is even nicer. I didnt have time lastnight to take any photos before i posted it. I do have more animals that you maywant to photo. I have some really nice spotted turtles and some really high coloreastern box turtles that i just got in today from a guy in S.C., some real beauties! I dont live to far from the white plains show, in fact i think i have met you therebefore. I'm located in Dutchess County, N.Y., its about 45 min north of WhitePlains. If you wanted to come up for a day i could probably provide you with afeild day of animals to photo. Between mine and a freind of mines colloectionyou wouldnt be able to shoot everything in one day! We are big time into rare andhighly sought after snakes. I will be at the Hamburg show tommorow. I will giveyou my cell # so you can contact me... it is (845)625-4710Thanks, Justin”

58. October 27, 2007, Munsterman spoke with Thomas and provided directions to his

house, stating he lived at #9, Route 82, in Fishkill (New York) and that his driveway was directly

at the intersections of Routes 52 and 82.

59. On October 28, 2007, Thomas traveled to the Munsterman residence, where he

met Justin’s father and step-mother (Mary). Outside the residence, Munsterman showed Thomas

a northern red salamander that he brought out of the residence. Munsterman also showed

Thomas three spotted turtles, three box turtles, and two northern copperheads (a venomous

snake), all native to New York State, inside a barn-like building located at the residence.

Munsterman told Thomas that he received the spotted turtles from a friend who gave him a total

of eleven. Munsterman stated he purchased two of the box turtles online from a person in South

Carolina and received them six days ago. Munsterman stated the third box turtle was found in

Newburgh. Munsterman told Thomas that his friend, “Darren”, gave him one of the copperheads

34

and the other belonged to Darren. Munsterman also told Thomas that Darren had additional

salamanders at his house. Munsterman told Thomas that one of the two copperheads came from

Mohonk, New York and the other from near his house in Fishkill. Munsterman also told

Thomas that a copperhead that bit him was now at Darren’s house and that both he and Darren

had caught several copperheads and bred them to return the babies to the wild.

60. Munsterman told Thomas during the October 28, 2007 meeting that he had exotic

venomous snakes, but he did not keep them at his house anymore because his parents

disapproved after he was bitten by a copperhead. Munsterman claimed that he had a permit for

venomous snakes. Munsterman showed Thomas a photo album, telling Thomas the pictures

were of snakes he owns, but kept at his friend Darren’s house. The pictures of snakes

Munsterman claimed he owns included: southern hognose snakes, gaboon viper, Sri Lankan

palm pit viper, sidewinders, eyelash vipers, sombaro horned bush viper, african bush viper, death

adder, tehran vipers, and a southern copperhead.

61. Munsterman retrieved a camcorder from his residence and showed Thomas a

home video he made of his body’s reaction to the copperhead bite he receive in the spring. In

the video, Munsterman narrated several segments taken over a 24-48 hour period that show

severe swelling in his hand and arm. Munsterman also showed Thomas a video of a timber

rattlesnake taken at the same friend’s house that gave him the eleven spotted turtles collected

from the wild. Munsterman also told Thomas the friend kept the timber rattlesnake for several

weeks.

62. Munsterman offered to sell the red salamander to Thomas for $50. Thomas

advised Munsterman that the sale of a red salamander was illegal and explained the legal

35

protection given in New York to reptiles and amphibians, including the red salamander.

Following this discussion, Munsterman still wanted to sell the salamander. Thomas paid

Munsterman $50 and received the red salamander. Munsterman and Thomas discussed the New

York State laws regulating reptiles and amphibians, including salamanders, snakes and turtles,

and Munsterman suggested he intended to continue collecting illegal wildlife, including the

endangered bog turtle.

63. Thomas then accompanied Munsterman on a field herping trip. While together in

the woods, Munsterman made a reference to a large black timber rattlesnake his friend Darren

had caught last spring. Munsterman said it was difficult to videotape the timber rattlesnake

because it was so active. Munsterman also stated that Darren caught the box turtle Munsterman

possessed from Orange County, near Newburgh, and that Darren also was the one who had

caught the red salamander. Munsterman told Thomas that he (Munsterman) had had 40-50

venomous snakes at his house before his parents found out.

64. On November 14, 2007, Thomas sent Munsterman an email telling him that a

friend had some wood turtles for sale. In a November 18, 2007 response email, Munsterman

stated he was interested in the wood turtles and would like to hear from Thomas’ friend.

Munsterman further stated he would like to get the turtles soon so he could put them in

hibernation with the rest of his turtles. Thomas provided Munsterman with my undercover name

and phone number.

65. On November 21, 2007, I opened a voice mail from Munsterman that had been

left on November 20, 2007. The call was from phone number (845) 625-4710. I called and

spoke to Munsterman on November 21, 2007. Munsterman told me that he was interested in the

wood and spotted turtles that I was selling. Munsterman told me that he wanted to build up his

36

collection and he was also interested in the blandings turtles, a species native to New York that

had been mentioned in our emails. During the conversation, Munsterman emphasized he wanted

a group of native turtles, especially the less common and really rare ones. He stated the DEC

regulations are “ridiculous.”

66. On November 22, 2007, I called Munsterman and during that conversation

Munsterman stated he was very interested in everything I was selling. Munsterman told me that

I was taking a big risk selling wood and spotted turtles in New York. Munsterman indicated that

bog turtles are protected federally and “you can get jail time for them.” However, Munsterman

told me that he was looking to get a pair of bog turtles as well and that no one would ever know.

Munsterman told me that he was going to try to collect bog turtles in the spring and advised me

to avoid the ones with transmitters on them.

67. On the same day, Munsterman also told me that he was really “into” pit vipers,

especially the rare species. Munsterman told me he had some high-end venomous snakes

including a banded water cobra, a pair of Chinese red spotted pit vipers, a Sumatran wagler

viper, and some rare species from Thailand. Munsterman told Sullivan he collected copperheads

in the spring from Mohonk Preserve near New Paltz, New York, and he and a friend possess a

group taken from that location. Munsterman also told me that he had sold spotted turtles for

$200 a pair.

68. On January 5, 2008, Thomas and I attended the New York Metro Reptile Show at

the Westchester County Center in White Plains, New York. At this show Munsterman

approached Thomas and told him that he and a friend had a clutch of northern copperhead

juveniles. Munsterman told Thomas that he and his friend had collected copperheads from the

wild and they had kept six adults. Thomas asked Munsterman if he had any of the snakes and he

37

replied that he has three adults and his friend Darren has the other three. Munsterman told

Thomas that he sold northern copperheads at the Hamburg Reptile Show in Pennsylvania,

although it is illegal. Munsterman also told Thomas that he has a lot of eyelash vipers (which

are venomous).

69. I also met with Munsterman at the show in White Plains and told Munsterman

that I had a friend who was interested in copperheads. Munsterman told me that he would sell

him some copperheads. Munsterman indicated that he would sell three for $100 and he would

contact his friend Darren, to see if he was interested in selling his. Munsterman met with

Thomas and me later in the show and indicated that his friend Darren was willing to sell his three

adult northern copperheads for $100 and juvenile northern copperheads for $15 each.

Munsterman asked me if my friend was interested in buying any exotic venomous snakes.

Munsterman also told Thomas and me that his friend Darren had a very significant collection of

exotic venomous snakes at his home. I paid Munsterman $230 in cash for the snakes, and

arranged to meet and pick up the snakes at Darren’s house on January 6, 2008.

70. On January 6, 2008, the second day of the White Plains show, I received a phone

call from Munsterman during which Munsterman stated he would bring the copperheads to the

show because his friend Darren did not want strangers in his house. Later that day, Munsterman

approached Thomas and me at the show. Munsterman was accompanied by another white male,

later identified as his friend Darren. Thomas and I met Munsterman and Darren in the parking

lot across the street from the Westchester County Center. Munsterman was driving a red Saturn

car, New York registration CDT-7749. Darren was a passenger. Munsterman removed six adult

northern copperheads and one juvenile northern copperhead from the back of his vehicle and

gave them to me. Munsterman also gave me an aquarium, stating there were about 15

38

salamanders in it that he (Darren) was offering instead of the eighth copperhead. Munsterman

indicated the second juvenile copperhead was sick and Darren was not selling it. Darren told

Thomas and me that some of the salamanders in the tank included a two-line salamander and a

red-backed salamander. Darren stated he had been keeping the salamanders cool in a small room

he had off his snake room. Darren also told Thomas he bred arboreal vipers from Asia and he

collected wood frogs to feed his vipers.

71. On January 9, 2008, I met with NYSDEC Herpetologist Alvin Breisch. Breisch

removed ten live salamanders from the tank Munsterman had given me. Breisch identified the

salamanders as: one slimy salamander, four two-lined salamanders, three redback salamanders

and two dusky salamanders, all native New York species and protected by law. Breisch also

examined and confirmed the identity of the seven northern copperheads, a native species

similarly protected.

72. O

n February 22, 2008, at the Hamburg, Pennsylvania, Reptile Show, Munsterman asked Thomas if

he could store his cooler under Thomas’ table. Munsterman removed a small snake in a clear

container from his cooler and told Thomas it was a Sri-Lankan viper. Munsterman told Thomas

he had more outstanding ones at home and that his two males wouldn’t live well together so he

was selling one because he couldn’t keep them together anymore. Munsterman told Thomas the

39

pictures he sent Thomas were pictures of baby vipers, and that he had three spotted turtles and

two box turtles at home.

73. On March 21, 2008, Thomas received an email from Munsterman which included

the following photograph:

74. On March 22, 2008, Thomas received an email

from Munsterman indicating that “the blue snake is my adult

female Sri Lankan Palm Pit Viper.”

75. On March 29, 2008, at the reptile show in Hamburg, Munsterman told Thomas that

he had a pair of box turtles to sell for $100. Munsterman told Thomas that one of the two was the

turtle collected from the wild in Orange County, New York. Thomas purchased the two turtles

for $100.

76. On April 10, 2008, Thomas received an email from Munsterman stating that he

found two adult male North American wood turtles this morning, one of which was “absolutly

flawless and super orange.”

77. On April 14, 2008, Thomas called Munsterman and told Thomas that he had found

a third wood turtle the day before. Munsterman told Thomas he was collecting the wood turtles

on private property in the Poughkeepsie area. Munsterman stated he hoped to find two females in

the same place so that he would have a good group of captive wood turtles.

40

78. On April 24, 2008, Thomas again spoke with Munsterman and Munsterman stated

he had been out regularly looking for turtles but had been unable to find any female wood turtles.

Munsterman offered Thomas an adult male wood turtle that he was looking to trade for a younger

wood turtle. Munsterman also said he had collected about ten painted turtles (a protected native

species) and ten mud turtles from the wild during the preceding weekend. Munsterman indicated

the mud turtles were stinkpots (common musk turtle, also a protected native species).

Munsterman also told Thomas he was looking on Brown Road for bog turtles (an endangered

species).

79. On April 26, 2008, Thomas and I attended the reptile show in Hamburg,

Pennsylvania. During the show, Munsterman showed me the adult male wood turtle he had

brought to the show after arranging the trade with Thomas for a small wood turtle. I completed

the trade with Munsterman. Munsterman told me that he had collected the turtle from a stream in

New York. Munsterman also told me that he had a large number of painted turtles and stinkpots

at home. I also observed Munsterman showing a dealer at the show a green viper. Munsterman

later told me the snake was a venomous waglers viper that he had brought from home.

80. At the Hamburg Reptile Show on June 14, 2008, Munsterman showed me four

snakes he described as bush vipers that he was taking home to his residence in New York.

Munsterman showed me one of the snakes in a book and identified it as a bush viper.

81. On August 2, 2008, Thomas and I attended the Hamburg Reptile Show and met

with Munsterman. Munsterman sold me a northern copperhead for $100 that he claimed was

gravid (carrying young). Munsterman told Thomas it was one of four gravid females collected

from the wild by his friend at Faunstock State Park in New York. Munsterman claimed that his

friend “Mark,” a lifeguard working at the park, collected them and gave them to Munsterman.

41

Munsterman also told me that he has a gravid female copperhead at home.

82. On August 13, 2008, Thomas received an email from Munsterman with attached

photos of two timber rattlesnakes, and two pictures of adult northern copperheads.

83. On September 7, 2008, Thomas and I attended the reptile show in White Plains,

New York. Munsterman told Thomas that his wood turtles, including the highly colored male,

were doing well. Munsterman also told Thomas he had four female northern copperheads at his

home, that three of them had had babies and that the fourth was ready to give birth. Munsterman

then told Thomas he had in his car two juvenile timber rattlesnakes. He told Thomas they came

from a female timber rattlesnake, about 36 inches long, that he and Paolini collected from

Harriman State Park. Munsterman stated that the adult timber rattlesnake was at Darren’s house

and that it had given birth to twelve babies. Munsterman stated there were seven babies and one

adult at Darren’s house. Munsterman offered to sell the two juvenile timber rattlesnakes. I gave

Munsterman $170 to pay for the snakes.

84. On October 1, 2008, Munsterman told Thomas over the telephone that the

remaining baby timber rattlesnakes from the snake he had collected had been sold at a herp show

in Europe by “Glades Herps.” Munsterman stated Glades Herps takes snakes to Germany and

that they get “big money” for them over there. Munsterman also told Thomas that Europeans “go

nuts” for copperheads and anything North American. Based on Thomas’s experience and training,

I am aware that Glades Herp Farm is an importer/exporter of reptiles and amphibians based in

Florida, has an active website on the Internet and is a vendor at the large herp shows Thomas and

I have attended.

85. Munsterman and Thomas spoke again by phone on October 2, 2008. Munsterman

told Thomas that he was using the credit he received from his share of the sale of the timber

42

rattlesnakes in Europe to square up a deal with another friend involving tree vipers. Munsterman

told Thomas that he (Munsterman) has snakes from Africa, Indonesia, Sumatra, and China in his

personal collection. Munsterman also stated that a lot of the snakes were wild-caught and that he

has his collection at his house. Munsterman also told Thomas during this conversation that he

had gotten rid of all his turtles, selling for $400 a brightly colored wood turtle he had collected.

86. On October 18, 2008, Thomas and I attended the Hamburg Reptile Show. At the

show, Munsterman told Thomas and I that he had brought twenty baby northern copperheads with

him to the show and so far he had sold twelve. Munsterman told us that he had six northern

copperheads at home that he was keeping for himself and that he had also brought two adult

northern copperheads that he offered to give to Thomas. Munsterman told us that one of the

reasons he wanted to get rid of the adults was because his stepmother recognizes adult

copperheads after Munsterman was bitten last year. Munsterman told us that he had his

venomous snakes in his bedroom and that his parents do not recognize them, including the vipers,

as venomous. Munsterman then gave me two adult northern copperheads and told me he had

collected one himself from Harriman State Park and that his friend who worked as a lifeguard at

Faunstock State Park had collected the other. Munsterman also told Thomas that he had pictures

of a bright orange wood turtle he had taken from the wild and sold to a person for $400.

87. On November 17, 2008, Thomas called Munsterman and Munsterman told Thomas

he had six copperheads at his residence and that his parents probably knew he had them there.

Munsterman then told Thomas that his friend “Doug” just had six baby african bush vipers and 25

baby eyelash vipers born within two days of each other. Munsterman said that he had purchased

two of the eyelash vipers from Doug the day before for $125 each. Munsterman told Thomas that

he recently took some pictures of some of his vipers and that he would email them to Thomas.

43

Munsterman also told Thomas a person he had met through the Internet on Kingsnake.com had

purchased Munsterman’s wood turtle for $400.

Evidence to be Seized at #9 Route 82, Fishkill, New York 12524

88. During the investigation of Munsterman, it became evident that he, acting

individually and in concert with others, was illegally collecting and removing numerous protected

turtles, snakes, and salamanders from the wild in New York and that he was actively buying,

selling and trading those animals illegally via the Internet and at reptile and amphibian shows in

and outside of New York State. It was further evident that Munsterman at all times during the

investigation was housing part or all of his collection of illegal native reptiles and amphibians at

his residence at #9 Route 82, Fishkill, New York. In addition, as outlined below, it is also

reasonable to believe that Munsterman currently has in his possession a significant number of

venomous snakes, both native and exotic, at his residence at #9 Route 82, Fishkill, New York.

89. Thomas visited Munsterman at his residence and viewed illegal live native wildlife

including spotted turtles, box turtles, and northern copperheads kept there. Thomas has also

viewed a photo album of Munsterman’s snake collection while at the residence, as well as a

videotape showing Munsterman’s physical reaction to a copperhead bite and a timber rattlesnake

collected by an associate.

90. Thomas has had numerous personal, telephonic and email conversations with

Munsterman during which Munsterman stated that he possessed at his residence illegal reptiles

and amphibians, including spotted turtles, box turtles, wood turtles, northern copperheads, and

several species of exotic venomous snakes. Munsterman has used the Internet to sell his animals

and communicate with interested parties and, in some of the email correspondence, he has

44

included images of illegal wildlife or exotic venomous snakes.

91. This investigation indicates that Munsterman illegally collects, buys, sells and

trades, protected reptiles and amphibians. The investigation also indicates Munsterman possesses

a significant number of exotic venomous snakes. Munsterman also documents his illegal field

collecting activities, and his illegal collection of venomous snakes at his residence, using both

still photographs and video recordings. Based upon my experience and that of Thomas, as well as

our observations during the Munsterman investigation, it is believed that captive illegal reptiles

and amphibians and parts of illegal reptiles and amphibians, illegal exotic venomous snakes, as

well as photographs, photographic albums, and videotapes of illegal reptiles and amphibians,

telephone records, checking, savings, and credit card records with financial institutions, bank

records, billing and accounts receivable statements, shipping records, shipping labels, labeled

shipping containers, correspondence and communications with other buyers and sellers and their

representatives, calendars, appointment books, telephone books, inventory, feeding schedules,

breeding and trading logs relating to the ordering, shipping, and receiving of illegal reptiles and

amphibians, and that such records may be in paper or digital/electronic form.

92. Thomas has obtained and reviewed business records maintained by Yahoo, dated

November 17, 2008, that show that the subscriber using the screen name exoticviper@yahoo.com

is Justin Munsterman and that, as of November 4, 2008, the account was active.

93. Thomas has obtained and reviewed New York State Department of Motor Vehicle

records dated October 30, 2008, showing Justin M. Munsterman, date of birth February 5, 1986,

living at 9 Route 82, Fishkill, New York 12524, has a valid NYS drivers license that expires on

February 5, 2015.

94. Thomas is familiar with the Munsterman residence from his visit in 2007, and was

45

advised by NYSDEC BECI Investigator C.J. Harcher that on December 1, 2008, Harcher

determined that # 9 Route 82, Fishkill, New York 12524 is a single family dwelling with cedar

shake shingles with white trim; there are two entrances from the front and there is a driveway, on

the left hand (west) side of the home looking from Route 82, that leads to a two bay garage built

into the structure’s first floor. A large storage type shed is located northwest of the residence and

a black mailbox at the entrance to the driveway contains the location “9 82."

95. Therefore, the annexed proposed warrant for the residence located at #9 Route 82,

Fishkill, New York 12524, seeks the following: illegally possessed reptiles and amphibians

(dead or alive in any life form), as well as photographs, photographic albums, and

videotapes of illegal reptiles and amphibians, telephone records, checking, savings, and

credit card records with financial institutions, bank records, billing and accounts receivable

statements, shipping records, shipping labels, labeled shipping containers, correspondence

and communications with other buyers and sellers and their representatives, calendars,

appointment books, telephone books, inventory, feeding schedules, breeding and trading

logs relating to the ordering, shipping, and receiving of illegal reptiles and amphibians, and

that such records may be in paper or digital/electronic form.

2) 82 MAPLE STREET, NEWBURGH, NEW YORK 12550

(Darren Paolini residence)

96. During the course of this investigation, Thomas made a covert contact with a

Justin Munsterman. On October 28, 2007, while meeting Munsterman at his residence, Thomas

became aware of a friend of Munsterman’s named “Darren” who lived, according to Munsterman,

in Newburgh, New York. Munsterman sold Thomas a salamander and claimed that Darren had

collected the salamander from the wild. Munsterman also showed Thomas, among other illegal

46

wildlife, two northern copperheads, one of which Munsterman said belonged to Darren.

Munsterman also stated that Darren has other salamanders at his house.

97. On October 28, 2007, Munsterman showed Thomas three spotted turtles, three box

turtles, and two northern copperheads (a venomous snake), all species native to New York State.

Munsterman told Thomas that one of the box turtles was harvested in Newburgh, New York, and

that his friend, Darren, had given him one of the copperheads. Munsterman also told Thomas

that the copperhead that bit him was at Darren’s house and that he and Darren had caught several

copperheads and bred them to return the babies to the wild.

98. On October 28, 2007, Munsterman told Thomas that his friend Darren works for a

man named Kevin Olbrych who runs Suncoast Reptiles and that he (Munsterman) considers

Olbrych to be a “shady character.” Munsterman stated Darren is a heavy set guy with glasses and

tattoos on his arms, is missing a pointer finger from a venomous snakebite, and that Darren lives

across the Hudson River in Newburgh.

99. Munsterman told Thomas during the October 28, 2007 meeting that he had exotic

venomous snakes, but he did not keep them at his house anymore because his parents disapproved

after he was bitten by a copperhead. Munsterman then showed Thomas a photo album, indicating

the pictures were snakes he owns, but keeps at Darren’s house. The snakes shown included;

southern hognose snakes, gaboon viper, shrelankin palm pit viper, sidewinders, eyelash vipers,

sombaro horned bush viper, african bush viper, death adder, tehran vipers, and a southern

copperhead.

100. On October 28, 2007, Thomas accompanied Munsterman on a field herping trip.

While together in the woods, Munsterman made a reference to a large black timber rattlesnake his

friend Darren had caught last spring. Munsterman also stated that Darren caught a box turtle from

47

Orange County, near Newburgh, that Munsterman now possesses. Munsterman stated Darren is

“pretty much strictly venomous snakes.”

101. On January 5, 2008, Thomas and I attended the New York Metro Reptile Show at

the Westchester County Center in White Plains, New York. Munsterman approached Thomas at

the show and told Thomas that he and a friend had a clutch of northern copperhead juveniles. He

told Thomas that he and his friend had collected copperheads from the wild and they had kept six

adults. Thomas asked Munsterman if he had any of the snakes and he replied that he had three

adults and his friend Darren had the other three.

102. At the same show, I told Munsterman that I had a friend interested in copperheads.

Munsterman told me that he would sell him three northern copperheads for $100 and he would

contact his friend Darren, to see if Darren was interested in selling his copperheads. Munsterman

met with Thomas and me later in the show and said that Darren was willing to sell three adult

northern copperheads for $100 and juvenile northern copperheads for $15 each. Munsterman also

told us that Darren had a very significant collection of exotic venomous snakes at his home. I

paid Munsterman $230 for the snakes and made arrangements to meet and pick up the snakes at

Darren’s house on January 6, 2008. Munsterman told us (speaking about Darren’s snakes) “Like

I say, wait until you see his collection. If your not into exotic venomous reptiles then you might

not be...(inaudible)...but it’s a huge collection.”

103. On January 6, 2008, while attending the second day of the show in White Plains,

Munsterman called me and stated that he would bring the copperheads to the show because his

friend Darren did not want strangers in his house. Later that day, Munsterman introduced

Thomas and me to his friend Darren. We met Munsterman and Darren in a parking lot and

Munsterman gave me six adult northern copperheads and one juvenile northern copperhead, as

48

well as an aquarium, stating there were salamanders in it that he (Darren) was offering instead of

a juvenile copperhead. Darren told us that there were about 15 salamanders in the aquarium

including a two-line salamander and a red-backed salamander. Darren stated he had been keeping

the salamanders cool in a small room he has off his snake room. He stated they (the salamanders)

were “for the one copperhead that I left home.” Darren also told Thomas he breeds arboreal

vipers from Asia and that he collects wood frogs to feed his vipers.

104. On January 9, 2008, I met with NYSDEC Herpetologist Alvin Breisch and Breisch

identified the salamanders as: one slimy salamander, four two-lined salamanders, three redback

salamanders and two dusky salamanders, all native New York species protected by law from

illegal collecting. Breisch also examined and confirmed the identity of the seven northern

copperheads, a native species similarly protected.

105. On February 23, 2008, at the reptile show in Hamburg PA, Darren told me that he

had recently picked up a pair of death adders and that he (Darren) breeds “everything.” Darren

told me that in 2007 he had two clutches of African bush vipers, eyelash vipers, and northern

copperheads, among others, and that he currently had four or five snakes that are gravid (carrying

young). Darren told me that he had just re-done his basement and “everything’s down there and

now I’m really getting back into breeding heavy again.”

106. At the reptile show in Hamburg Pennsylvania on March 29, 2008, Darren showed

Thomas seven spotted salamanders and a common snapping turtle that he kept under the table

because he knew that they were illegal. Thomas purchased the spotted salamanders from Darren

for $20. Darren told Thomas he had sold an eyelash viper and showed Thomas snakes he was

offering for sale, identifying them as “trimeresurus macrops”, a large-eyed green pit viper from

Thailand. Darren told Thomas he has three gravid females in his house.

49

107. In an email to Thomas dated April 9, 2008, Munsterman wrote, “Darren’s Email is

D_Paolini@hotmail.com.”

108. Thomas was advised by USFWS Agent Cottrell that on April 26, 2008, while

attending the reptile show in Hamburg Pennsylvania, Cottrell observed Paolini enter and operate

a motor vehicle with New York license plate CDT5322. On April 28, 2008, Cottrell advised

Thomas and me that the vehicle was registered to “Darin Paolini, 82 Maple Street, Newburgh,

New York 12550.” USFWS provided Thomas with an Accurint Law Enforcement Report,

created on April 28, 2008, that identified Paolini as Darren C. Paolini, date of birth March 3,

1965. The report further indicated Paolini’s current address as 82 Maple Street, Newburgh, New

York 12550-4035.

109. On June 14, 2008, at the reptile show in Hamburg PA, Paolini told Thomas and me

that he caught a five-foot timber rattlesnake at a den site near his buddy Matt’s house in

Saugerties. He also told us that he was recently bitten twice by a waglers viper and that he

experienced a little swelling and pain for a couple hours. Paolini told us: “Waglers are very

mild. I take liberty with those. There’s other snakes at my house I’m very careful with.” Paolini

then told us that he had a species of Chinese viper at home that was highly venomous and that the

juveniles were more toxic than the adults. Paolini told us that “they call them one hundred

pacers. If you get bit you die in a hundred paces.” Paolini stated he had about 100 snakes and a

few of the species were very toxic. Paolini told us that he used to have his snakes upstairs, but he

took money from his retirement account and re-did his basement and now all his snakes were

down there.

110. On August 2, 2008, while at the Hamburg Reptile Show, Paolini told Thomas that

he goes herping in Harriman State Park (Rockland County, New York) where he found timber

50

rattlesnakes, a rat snake, and a large hognose snake.

111. On September 7, 2008, Thomas and I attended the reptile show in White Plains,

New York. Munsterman approached Thomas and told Thomas that he had two baby timber

rattlesnakes in his car. He told Thomas they came from a female timber rattlesnake, about 36

inches long, that he and Paolini collected from Harriman State Park. Munsterman stated the adult

timber was at Paolini’s house and had given birth to twelve babies and there were still seven

babies and the adult at Paolini’s house. Munsterman offered to sell the two juvenile timber

rattlesnakes to Thomas and I gave Munsterman $170 to pay for the snakes.

112. On September 7, 2008, Munsterman told Thomas that Paolini was in Pennsylvania

trying to sell seven baby timber rattlesnakes to a representative of Glades Herps who operates the

Glades Herps booth at the Hamburg show.

113. On October 18, 2008, while attending the reptile show in Hamburg, Munsterman

told Thomas and me about the large snakes Paolini possesses, including a rare sumatran viper,

mangshan pit viper, and a lot of European vipers, all of which Paolini keeps at his house.

Munsterman told Thomas and me that Paolini had converted his entire basement into a snake

room where every wall was lined with cages and the humidity was closely monitored.

114. At the same show, Paolini told Thomas that his (Paolini’s) phone number is “(845)

787-5249” and told Thomas to give him a call anytime. Paolini told Thomas that Thomas would

be impressed with the snakes he owns, including a mangshan viper, and a huge green and black

banded sumatran viper, for which he has been trying to find a mate for five years. Paolini told

Thomas that he currently possesses about 60 adult snakes, and a lot of babies.

115. At the same show, I observed Paolini at the Glades Herps table offering to sell

northern copperheads. Paolini told me that “I’m telling everybody they’re southerns, but they’re

51

northerns.” He also told me that he took the copperheads from two locations in Harriman State

Park.

116. On October 30, 2008, Thomas called Paolini at (845) 787-5249 and spoke with a

female who identified herself as “Jamie.” Jamie told Thomas that Paolini had a lot of “critters” in

the basement and that Paolini was in the city at that time getting more. Jamie stated she and the

two children that live with Paolini moved out for a year until Paolini finished off the basement

and made it secure so snakes can’t escape. Jamie told Thomas that all the animals in the

basement were venomous. She said he had some really nice snakes and that his cages are set up

with leaves and logs. Jamie told Thomas that Paolini had a pair of timber rattlesnakes downstairs

and that the tails “make too much damn noise.” Jamie also told Thomas that a lot of Paolini’s

snakes were from the Middle East or Africa, and he had had 15-20 snakes breed for him this year.

Jamie said Paolini had a room downstairs set up with three different temperatures. She said

Paolini was bitten once by a venomous snake and lost his finger. Jamie also told Thomas that

Munsterman still lived at home with his parents and his parents don’t know he had venomous

snakes in the house.

Evidence to be Seized at 82 Maple Street, Newburgh, New York 12550

117. During the investigation of Paolini, it became evident that Paolini, acting

individually and in concert with others, was illegally collecting and removing protected turtles,

snakes, and salamanders from the wild in New York and was actively buying, selling and trading

those animals illegally at reptile and amphibian shows in and outside of New York State. It was

further evident that Paolini at all times during the investigation was housing part or all of his

collection of illegal native reptiles and amphibians at his residence at 82 Maple Street, Newburgh,

New York. In addition, it is also reasonable to believe that Paolini currently has in his possession

52

a significant number of venomous snakes, both native and exotic, at his residence at 82 Maple

Street, Newburgh, New York.

118. Thomas and I have had conversations with Paolini in which Paolini has referenced

his residence as the place he was in possession of illegal reptiles and amphibians, and several

species of exotic venomous snakes.

119. This investigation indicates that Paolini illegally collects, buys, sells and trades,

protected native wildlife. Based upon my and Thomas’ experience and the observations we made

during the investigation of Paolini, it is believed that Paolini’s collecting and commercial activity

would generate photographs, photographic albums, and videotapes of illegal reptiles and

amphibians, telephone records, checking, savings, and credit card records with financial

institutions, bank records, billing and accounts receivable statements, shipping records, shipping

labels, labeled shipping containers, correspondence and communications with other buyers and

sellers and their representatives, calendars, appointment books, telephone books, inventory,

feeding schedules, breeding and trading logs relating to the ordering, shipping, and receiving of

illegal reptiles and amphibians, and that such records may be in paper or digital/electronic form.

120. On November 20, 2008, Thomas conducted a reverse telephone directory look up

on the Internet for (845) 787-5249 and determined that the subscriber was Darren Paolini, 82

Maple Street, Newburgh, New York.

121. Thomas has obtained and reviewed business records, dated November 23, 2008,

maintained by MSN-Hotmail showing that subscriber using the account name

d_paolini@hotmail.com is Darren Paolini and that, as of November 13, 2008, the account was

active.

122. Sullivan has reviewed property records, obtained on the Internet November 6,

53

2008, for 82 Maple Street, Newburgh, New York 12550, showing the owner as Barbara Paolini.

123. Sullivan has obtained and reviewed New York State Department of Motor Vehicle

records dated November 6, 2008, showing Darren C. Paolini, date of birth March 18, 1965, living

at 82 Maple Street, Newburgh, New York 12550, has a suspended class D New York State

drivers license which expires on March 18, 2013.

124. Sullivan was advised by NYSDEC BECI Investigator C.J. Harcher that on

November 7, 2008 Harcher determined that 82 Maple Street, Newburgh, New York 12550 is a

single family dwelling, gold in color with mint green trim; the entrance is from a porch located on

the Maple Street side and the house number “82" is displayed to the right of the front door.

125. Therefore, the annexed proposed warrant for the residence located at 82 Maple

Street, Newburgh, New York 12550, seeks the following: illegally possessed reptiles and

amphibians (dead or alive in any life form), photographs, photographic albums, and

videotapes of illegal reptiles and amphibians, telephone records, checking, savings, and

credit card records with financial institutions, bank records, billing and accounts receivable

statements, shipping records, shipping labels, labeled shipping containers, correspondence

and communications with other buyers and sellers and their representatives, calendars,

appointment books, telephone books, inventory, feeding schedules, breeding and trading

logs relating to the ordering, shipping, and receiving of illegal reptiles and amphibians, and

that such records may be in paper or digital/electronic form

3) 41 GARDEN STREET, STATEN ISLAND, NEW YORK 10314

(Ronald C. Peteroy residence)

126. On May 24, 2007, I received an email from Rob Croll (“Croll”), a Waterways

Conservation Officer with the Pennsylvania Fish and Boat Commission (“PFBC”) advising that

54

he had seen an Internet posting advertising two venomous reptiles for sale that appeared to

originate in New York State. Croll stated: “Two ads on venomousreptiles.org. The second one

has his phone number. Comes back unlisted out of NYC. Let me know if I can help in any way

with it.”

127. On May 24, 2007, I conducted an Internet search of the links provided by Croll,

noted the New York City area code, called (718) 761-1126, and spoke with Ronald Peteroy who

told me that he also goes by the name “Chris”. Peteroy offered to sell me a copperhead snake and

a rhino viper for $300. I told Peteroy that I was interested in the copperhead because that snake is

native to New York. Peteroy acknowledged that possession of the copperhead snake was illegal

because he did not have a permit from the City of New York. Peteroy told me that he already

sold two rattlesnakes from his collection and that he was selling his venomous collection because

he was expecting a baby in the household shortly. I agreed to send Peteroy a deposit and Peteroy

agreed to hold the snakes for me until I could make arrangements to pick them up at Peteroy’s

residence on Staten Island, New York. That same day, I wrote and sent a $100 check to Peteroy

at 41 Garden Street, Staten Island, New York 10314.

128. On May 31, 2007, Thomas and I traveled to Staten Island and met with Peteroy at

his residence, 41 Garden Street, Staten Island, New York. Peteroy told us that he had been

concerned that we were “fish and wildlife” and expressed relief after he believed we were not. In

the basement of the residence, Peteroy gave us the southern copperhead snake and a rhinoceros

viper and Thomas paid Peteroy the outstanding $200 owed.

129. On June 1, 2007, Peteroy sent Thomas an email inquiring if everything is going

well with the snakes, and on June 23, 2007, Peteroy sent Thomas another email indicating that

Peteroy had acquired a couple more ridgetail monitors (unprotected exotic lizards), filling up the

55

empty cages.

130. On March 3, 2008, Thomas and I attended the Long Island Reptile Expo in

Melville, New York, where Peteroy told us that he was starting up a business, called “Chris

Wholesale Reptiles,” that would be involved in the importation of reptiles. Peteroy told us that he

could provide us with a list of turtles he could get and noted his new email address as:

Ampedupreptiles@yahoo.com.

131. On March 15, 2008, Thomas sent Peteroy an email requesting a list of turtles

Peteroy would have for sale, and on the same date, Peteroy sent a responding email listing more

than six dozen species of exotic and native New York turtles, with prices ranging from hundreds

of dollars up to $10,000. The list included common snapping turtles and eastern painted turtles,

both species native to New York and protected by law.

132. On August 15, 2008, Thomas sent Peteroy an email asking for an updated list of

both snakes and turtles that Peteroy was selling and on August 21, 2008, received a response

stating:

“Hello Richard,

I have some incredible turtles you might be interested in. I have 2 salmon alligatorsnappers approx 8" for 400 ea they are gorgeous. I also have 2 amazon red head pondturtles( under 500 in the usa, they are 2000 for the pair they will breed this year. On thehush hush I have yellow head amazon spotted turtles also 2000 for a pair, they will breedin 2 years. The yellow heads are cites one and I got these as cbb but have no paperwork. They are 5-6". There are under 100 in the usa including zoo specimens. I will let youknow whats available to me as soon as I compile a list. My friend from florida who wasbreeding hundreds of turtles got prison time for fly river turtles. The sad thing is hepurchased the adults legally but was selling them without papers. Well I will send you alist asap.

Thanks”

133. On September 5, 2008, Thomas spoke with Peteroy by phone and Peteroy told

56

Thomas that he had other people interested in the extremely rare yellow-spotted amazon river

turtles. Peteroy noted that they are “CITES II,” meaning that you are allowed to import them, but

“they just don’t come in.” Peteroy confirmed the genus and species as Podocnemis unifilis.

Peteroy stated he bought them in 2003 or 2004. Peteroy also told Thomas that he had a friend

with whom he shared the turtles and that they were going to open a retail store on Long Island.

Peteroy then told Thomas that the individual who sold him the turtles recently went to jail for

selling fly river turtles across state lines without the papers for them. Peteroy acknowledged that

it is illegal for him to sell the yellow spotted amazon river turtles to Thomas because he does not

have the paperwork for them. Peteroy then told Thomas they were getting rid of the turtles

because the presence of the turtles could result in the shut down of their business. Peteroy told

Thomas he was willing to sell them to Thomas for $2000 because he would be able get some

babies from Thomas.

134. On September 5, 2008, Peteroy also told Thomas that “we have white headed

monitors. White headed monitors are legal in America. But they are illegal because it’s illegal to

import from the Phillippines.” Peteroy said that it was not a CITIES issue, but rather a ban on

imports from the Phillippines. Peteroy told Thomas that his partner, “Jimmy,” has contacts in

Indonesia (Jimmy’s brother) and Africa, and that between the two, he and Jimmy could get hand-

picked reptiles sent to them. Peteroy also told Thomas that another old friend, Qwetzel Dwyer,

owned a Costa Rica National Zoo named Parke Del Retilandia, and that Dwyer had special

permits allowing the taking of animals that were bred for Peteroy’s benefit.

135. On September 5, 2008, Peteroy told Thomas that he and Jimmy have reptiles

scattered all over the place and that a lot of people are holding his breeding stock.

Peteroy also told Thomas he had “some really nice stuff“ available, including Italian fire

57

salamanders. Peteroy stated that some of his offerings came from Florida and that he and his

friend had just purchased an albino timber rattlesnake at the Daytona show. Peteroy also told

Thomas he had two salmon-colored snapping turtles that he was selling for $300 apiece and that

he was working on a website and would like to have Thomas photograph his breeding stock of

monitors and bearded dragons.

136. On September 5, 2008, Peteroy offered to buy baby common snapping turtles from

Thomas for eight to ten dollars. Peteroy told Thomas he gets a lot of nice spotted turtles and

diamondback terrapins and that he knew a guy in New Jersey who breeds spotted turtles from

three different locations. Peteroy also told Thomas that his friend Jimmy lives on Long Island,

where he breeds and possesses 56 box turtles and that Long Island is where they intend to open a

store.

137. Peteroy also told Thomas that they are breeding animals that no one else has,

including Tristis monitors (black headed monitor). When Thomas asked Peteroy if he had “a

house full of these things,” Peteroy responded, “no, I have a building” and told Thomas that he

had built a 16x20 building behind his house. Peteroy told Thomas he had run illegal sewer,

electrical and gas hook ups from his house to the building.

138. On September 7, 2008, outside the reptile show in White Plains, New York,

Thomas and I met Peteroy, and Peteroy sold Thomas two yellow headed amazon river turtles for

$2000. Peteroy acknowledged that the turtles were an endangered species and that he did not

have any paperwork for them but claimed that someone else had been keeping them for him.

Peteroy told us that he had people in Florida from whom he purchases his animals, including his

eastern box turtles.

58

139. On September 21, 2008, Thomas spoke with Peteroy on the telephone and Peteroy

described in detail how he cared for the yellow spotted amazon river turtles before he sold them

to Thomas. Peteroy told Thomas he had been speaking with a lady who owned a pair of yellow

spotted amazon river turtles and that he had been trying to buy them from her. Peteroy told

Thomas that he was getting ready to pick up ball pythons in New Jersey and that he could get bog

turtles out of Florida if Thomas could find a source.

140. On November 21, 2008, USFWS Special Agent Randy Cottrell advised Thomas

that, based upon files maintained by the USFWS, the “Jimmy” referred to by Peteroy as his friend

and partner is believed to be James Gorman of D&J Reptiles on Long Island. Agent Cottrell

stated that Jimmy’s brother is Danny Gorman, who is in Indonesia, and is known to ship wildlife

illegally to his brother. Agent Cottrell also indicated that he had investigated the Gormans in

2002, and had charged Danny Gorman with a federal offense in 2002 for engaging in the trade

and possession of specimens contrary to the provisions of the CITES, in violation of the United

State Code. On the same date, Danny Gorman was also charged with illegal importation of

wildlife, taken, possessed, transported or sold in violation of the laws of the Philippine Republic.

Danny Gorman was convicted of misdemeanors and fined.

Evidence to be Seized at 41 Garden Street, Staten Island, New York 10314

141. During the investigation of Peteroy, it became evident that Peteroy, acting alone

and in concert with others, was illegally importing, possessing and/or selling Federally protected

endangered turtles (yellow spotted amazon river turtles), a snake species threatened in New York

State (the albino Timber rattlesnake), and a reptile species indigenous to the Phillippines and

prohibited from exportation out of the Phillippines (white headed monitors). It was further

59

evident that Peteroy possessed, at his residence, a venomous southern copperhead and a

venomous rhino viper in violation of the New York State law.

142. During this investigation, it became evident that Peteroy was actively associated

with an individual, Danny Gorman, who has been convicted of illegally importing wildlife from

the Phillippines. Peteroy also told Thomas that “they” currently had white headed monitors, a

species that is illegal to possess under Philippine law. Peteroy also stated that he received his box

turtles (a protected species in New York) from a source in Florida, and that he got a lot of nice

spotted turtles and diamondback terrapins (both protected species in New York).

143. On September 5, 2008, Peteroy told Thomas that he had build a 16x20 building in

his back yard to house all his animals. Peteroy told Thomas that he illegally hooked up utilities to

the building to provide electricity and water.

144. On March 3, 2008, Peteroy told Thomas that he was operating a business

importing and selling reptiles. He stated that the name of his business is “Chris Wholesale

Reptiles.” Peteroy has provided Thomas with a wholesale list of over sixty species of native and

exotic turtles, offered to sell Thomas salmon colored snapping turtles for $300, offered to buy

New York common snapping turtles from Thomas, and sold Thomas two endangered yellow

spotted amazon river turtles for $2000. These are all indications that Peteroy is operating a

business in reptiles, including illegal species.

145. This investigation indicates that Peteroy, acting individually and in concert with

others, illegally collects wildlife protected in New York and actively buys, sells and trades those

animals personally and via the Internet in and outside of New York State. In addition Peteroy

illegally imports, buys, possesses and sells wildlife protected by State, Federal, and International

Law.

60

146. Based upon my and Thomas’ experience and the observations we made during the

investigation of Peteroy, it is believed that Peteroy’s collecting and commercial activity would

generate telephone records, checking, savings, and credit card records with financial institutions,

bank records, billing and accounts receivable statements, shipping records, shipping labels,

labeled shipping containers, correspondence and communications with other buyers and sellers

and their representatives, calendars, appointment books, telephone books, inventory, feeding

schedules, breeding and trading logs relating to the ordering, shipping, and receiving of illegal

reptiles and amphibians, and that such records may be in paper or digital/electronic form.

147. On November 25, 2008, Thomas spoke with Peteroy and was told that Peteroy had

recently been hospitalized with a heart problem and, as a result, Peteroy had removed his

venomous snake collection from the 16x20 building and placed the snakes with friends. Peteroy

affirmed that he has continued to remain active in the buying and selling of legal and illegal

reptiles and that he had a number of lizards and ball pythons in the building. Peteroy told Thomas

that he uses his phone and the Internet to communicate with dealers and buyers. Peteroy also told

Thomas that he had four computers that he had recently consolidated into one working computer

and that he keeps business records of most but not all of his transactions.

148. This investigation indicates that Peteroy illegally collects, buys, sells and trades,

protected native wildlife.

149. I have obtained and reviewed New York State Department of Motor Vehicle

records dated November 6, 2008, showing Ronald C. Peteroy, Jr., date of birth October 8, 1975,

living at 41 Garden Street, Staten Island, New York 10314, has a valid NYS drivers license that

expires on October 8, 2016.

150. I am familiar with the Peteroy residence from my visit in May 2007, and have been

61

advised by NYSDEC BECI Investigator Komonchak that on November 7, 2008, Komonchak

went to 41 Garden Street, Staten Island, New York 10314. Komonchak told me that 41 Garden

Street is a two story vinyl sided house, color gray, with a front entrance enclosed by a small

similarly sided, roofed entry way; there is a concrete sidewalk leading from the driveway to the

front entrance, with two concrete and stone steps leading up to the entryway; there is a bay

window on each side of the front entrance and the driveway is on the east side of the residence.

The number “41" appears in large numerals on the siding to the right of front entrance door. Also,

on December 3, 2008, I reviewed a satellite photo of 41 Garden Street, available on Microsoft

live search maps, and noted two additional structures on the property: one large temporary canvas

or plastic structure just off the northwest back corner of the residence, and one permanent brown

single story structure with a gray roof in the back yard off the northeast corner of the house.

151. Therefore, the annexed proposed warrant for the residence located at 41 Garden

Street, Staten Island, New York 10314, seeks the following: photographs, photographic

albums, and videotapes of illegal reptiles and amphibians, telephone records, checking,

savings, and credit card records with financial institutions, bank records, billing and

accounts receivable statements, shipping records, shipping labels, labeled shipping

containers, correspondence and communications with other buyers and sellers and their

representatives, calendars, appointment books, telephone books, inventory, feeding

schedules, breeding and trading logs relating to the ordering, shipping, and receiving of

illegal reptiles and amphibians, and that such records may be in paper or digital/electronic

form.

4) 1616 DEWEY AVENUE, NORTH BELLMORE, NEW YORK 11710

10 It is possible to obtain a license from the NYSDEC to possess, care for, and rehabilitate protectedwildlife.

62

(Harry W Faustmann residence)

152. I first came into contact with Harry Faustmann, in November 2007, at a herp show

in White Plains, New York, where Faustmann told me about his collection of turtles, including a

number of New York protected species such as spotted, North American wood, eastern box and

softshell turtles that he possessed at his house on Long Island. Faustmann told me that although

he is not a rehabilitator10 in New York, he assists other people with orphaned and injured wildlife.

153. From that point on, I saw and spoke to Faustmann on numerous occasions at many

of the White Plains and Long Island reptile shows and observed him operating a vendor’s table at

the shows under the auspices of the Long Island Herpetelogical Society (“LIHS”). Faustmann

told me that he is a member of and represents LIHS, an organization that promotes the protection

and ethical treatment of reptiles and amphibians, and also provides public education for the health

and well-being of that natural resource. Faustmann also spoke with me about the care and

feeding of turtles and reptiles, about friends that possess New York protected species, and about

New York laws that criminalize the taking and possession of protected wildlife. Faustmann also

told me that has he had native New York snakes and frogs in his collection.

154. On April 20, 2008, I met Faustmann at the White Plains Reptile show in White

Plains, Westchester County, New York. As at the other shows, Faustmann and I discussed our

collections. Faustmann told me that he had a North American (“NA”) wood turtle, softshell,

eastern box among other turtles, and that he was looking for a pair of spotted turtles and a NA

wood turtle. Faustmann also stated that he had native salamanders as part of his collection of

wildlife and that he kept his wildlife at his home, both inside and outside of his residence.

63

155. On May 12, 2008, Faustmann emailed me as follows: “Hi Dan. Do you remember

us speaking at the last White Plains Reptile Show, about you wanting to get rid of some turtles

you have?” In the email, Faustmann stated that he had a friend who would like to buy a pair of

wood turtles from me and that he (Faustmann) would like to trade two of his eastern box turtles

for two of my spotted turtles. Wood, spotted and eastern box turtles are all protected in New

York and cannot be taken, possessed, bought or sold.

156. On May 19, 2008, Faustmann called me and told me that he had a friend named

Jeff Bollbach, also a member of the Long Island Herpetelogical Society, who wanted to buy a pair

of NA wood turtles and who would pay up to three hundred dollars for them. Faustmann stated

that Bollbach already possessed NA wood turtles and was aware of the state laws protecting

turtles. Faustmann provided me with Bollbach’s phone number. Faustmann further stated that he

(Faustmann) wanted a pair of spotted turtles and would like to trade two of his eastern box turtles

for a pair of spotted turtles that I possessed.

157. On May 21, 2008, I called Faustmann at (516) 804-4754 to discuss a turtle trade. I

told him that I had spoken with Jeff Bollbach and that Bollbach had agreed to buy two NA wood

turtles for $300. Faustmann and I arranged to meet in Syracuse to trade the two eastern box

turtles for the two spotted turtles and Faustmann told me that he would bring Bollbach’s money

for the purchase of the pair of NA wood turtles. During this conversation, Faustmann told me

that he and Bollbach had gone turtle collecting together many times and that Bollbach had built a

room out of a porch area in his house and that Bollbach had ponds in his back yard in which he

keeps his collection.

158. On May 23, 2008, I traveled to Syracuse where Faustmann brokered a trade and

sale of New York protected turtles. Faustmann gave me a pair of eastern box turtles for a pair of

64

my spotted turtles and he gave me a personal check from Jeff Bollbach for $300 for my two NA

wood turtles. Faustmann left with two spotted turtles and two NA wood turtles.

159. In June 2008, I received a number of emails from hwFaustmann@optonline.net, in

which Faustmann stated that he had another friend from the LIHS who wished to purchase wood

turtles from me. Faustmann stated: “How about I give your e-mail address to my friend, Gideon

Hodulick, and he can deal with you about the Wood turtles? I could always make the exchange

for both of you if you like. Let me know if this is OK with you. Harry.” I emailed a reply to

Faustmann and asked him if Hodulick was aware of the law and Faustmann responded by email:

“No problem with dealing with Gideon. He is a club member with me and you may have seen or

even talked with him at the White Plains show at our table. He and I have traded turtles before.

I'll give him your name and e-mail contact info and you two can make arrangements.”

160. On September 7, 2008, while at the White Plains show, I approached Faustmann at

the LIHS table. Faustmann gave me a eastern box turtle to compensate me because one of the

pair that Faustmann gave me in a trade on May 23, 2008 had died. Faustmann also told me that

Gideon Hodulick had money to purchase wood turtles from me. I met Gideon Hodulick at the

show.

161. On November 25, 2008, I spoke with Faustmann and discussed the winter

hibernation of our turtle collections. Faustmann told me he hibernated wood and box turtles

outside in his yard and the smaller water turtles in his house. Faustmann related that the spotted

turtles he purchased from me in May produced eggs in his basement and that he currently had two

NA wood turtles in his house and was hibernating two NA turtles for a friend outside. Faustmann

told me that he has a “bubbler” pond in his yard where he maintains his map turtles.

Evidence to be Seized at 1616 Dewey Avenue, North Bellmore, New York 11710

65

162. During the investigation of Faustmann, it became evident that Faustmann, acting

individually and in concert with others, was illegally collecting, purchasing, selling and trading

protected turtles, snakes, frogs and salamanders from the wild in New York and was actively

buying, selling and trading those animals illegally at reptile and amphibian shows in New York

State. Faustmann stated that he housed part or all of his collection of illegal native reptiles and

amphibians at his residence and in his yard. Therefore, it is reasonable to believe that Faustmann

currently has in his possession a significant number of illegally possessed protected wildlife at his

residence and in his yard.

163. I have had numerous personal, telephonic and email conversations with Faustmann

where Faustmann has referenced that he keeps his protected wildlife including reptiles and

amphibians, such as spotted turtles, box turtles, wood turtles, softshell turtles and other native

species at his residence.

164. I have obtained and reviewed a Data Track record, dated November 6, 2008, that

lists the address of Harry W. Faustmann (date of birth 07/23/43) as 1616 Dewey Avenue, North

Bellmore, New York 11710. The Data Track record lists the property owners as Harry and Laura

Faustmann.

165. I have obtained and reviewed New York State Department of Motor Vehicle

records dated October 29, 2008, showing Harry W. Faustmann, date of birth is July 23, 1943,

living at 1616 Dewey Avenue, North Bellmore, New York 11710, has a valid New York State

driver’s license that expires on July 23, 2012.

166. NYSDEC BECI Investigator Linda Escobar advised me that on November 7, 2008

she visited 1616 Dewey Avenue, North Bellmore, New York, and observed a greenish/blue sided

ranch house with an attached garage; the front door, garage door, windows and trim are white,

66

and the number “1616” appears on the front of the house to the right of the front door. In

addition, Escobar advised me that through visual observation and a review of Google Maps,

satellite imaging, it appears that the property contains a pond with a nearby rectangular structure

or pen and berm area.

167. Based upon my experience and training, I am aware that turtle collectors, in

addition to using containers, cages, and aquariums to maintain their collections indoors, also

frequently make use of ponds, pools, enclosed areas, fenced areas, hibernaculum (an area chosen

for winter hibernation) and outside structures to contain their collection of captive wildlife. In

addition, Faustmann told me that he keeps his animal collections both inside and outside the

house. Accordingly, the areas to be searched are the residence, attached garage and any pond,

fenced area, hibernaculum or structure located at 1616 Dewey Avenue, North Bellmore, New

York 11710.

168. Therefore, the annexed proposed warrant for the residence, attached garage and the

yard including any pond, fenced area, hibernaculum or structure located at 1616 Dewey Avenue,

North Bellmore, New York 11710, seeks the following: illegally possessed reptiles (dead or

alive in any life form).

5) 359 MILLER AVENUE, FREEPORT, NEW YORK 11520

(Jeffrey E. Bollbach residence)

169. In November 2007, I met Harry Faustmann at a White Plains herp show and we

discussed Faustmann’s herp collection.

170. On May 12, 2008, Faustmann emailed me, stating: “Hi Dan. Do you remember us

speaking at the last White Plains Reptile Show, about you wanting to get rid of some turtles you

67

have?” Faustmann stated in the email that he had a friend that would like to buy a pair of wood

turtles from me and that he (Faustmann) would like to trade two of his eastern box turtles for two

of my spotted turtles. Wood, spotted and eastern box turtles are all protected in New York and

cannot be taken, possessed, bought or sold.

171. On May 19, 2008, Faustmann called me and told me that he had a friend named

Jeff Bollbach, also a member of the Long Island Herpetelogical Society, who wanted to buy a pair

of NA wood turtles and would pay up to three hundred dollars for them. Faustmann gave me

Bollbach’s telephone number: (516) 867-1395. Faustmann stated that Bollbach already possessed

NA wood turtles and was aware of the state laws protecting turtles.

172. On May 21, 2008, I called Jeff Bollbach at (516) 867-1395 and asked him if he

would like to purchase two adult NA wood turtles for three hundred dollars. Bollbach agreed. He

told me that he kept native turtles, using a large outdoor pool enclosed by a turtle-proof fence.

Bollbach stated that he had painted, stinkpot and box turtles in his collection. Bollbach also said

that he collected six spotted turtles even though he knew this was illegal and joked about being a

“DEC agent.” I told Bollbach that I would accept a personal check from him and we agreed that

Bollbach would have Faustmann deliver the check and pick up Bollbach’s turtles in Syracuse,

New York.

173. On May 21, 2008, I spoke with Faustmann, confirmed that I had agreed to sell

Bollbach two NA Wood turtles for $300 and that the transaction would take place in Syracuse

where we had arranged to meet and to trade the two eastern box turtles for two spotted turtles.

During this same phone call, Faustmann told me that he and Bollbach had gone collecting

together many times and that Bollbach had built a room out of a porch area in his house for his

collection and that Bollbach has ponds in his back yard in which he also keeps his collection.

68

174. On May 23, 2008, I traveled to Syracuse, where Faustmann brokered a trade and

sale of New York protected turtles. Faustmann gave me a pair of eastern box turtles for a pair my

spotted turtles and Faustmann gave me a $300 personal check from Jeff Bollbach for my 2

spotted turtles. Faustmann left with two spotted turtles and two NA wood turtles.

175. On November 25, 2008, I spoke with Bollbach and he told me that he had just

observed one of the wood turtles that he purchased from me in May 2008, in a pond in his yard

where he hibernates all his turtles, including box turtles, for the winter.

Evidence to be Seized at 359 Miller Avenue, Freeport, New York 11520

176. During the investigation of Bollbach, it became evident that Bollbach, acting

individually and in concert with others, was illegally collecting and removing protected turtles

from the wild in New York and was actively buying and trading those animals illegally in New

York State. Based upon the statements of Bollbach and Faustmann it is reasonable to believe that

Bollbach is housing part or all of his collection of illegal native reptiles in his yard, at his

residence at 359 Miller Avenue, Freeport, New York 11520.

177. I have had a number of personal, telephonic and email conversations with

Bollbach and Faustmann during which Faustmann and Bollbach have referenced Bollbach’s

residence, and specifically a pond in the yard, as the location where Bollbach possesses illegal

reptiles including spotted turtles, box turtles, wood turtles and stinkpot turtles.

178. I have obtained and reviewed a Data Track record, dated November 6, 2008,

listing the address of Jeffery E. Bollbach (date of birth 07/28/54) as 359 Miller Avenue, Freeport,

New York 11520. The Data Track record lists the property owners as Jeffrey and Barbara

Bollbach.

69

179. I have obtained and reviewed New York State Department of Motor Vehicle

records dated October 29, 2008, that show Jeffery E Bollbach (date of birth 07/28/54) residing at

359 Miller Avenue, Freeport, New York 11520, with a valid NYS driver’s license that expires on

July 28, 2011.

180. On May 23, 2008, I received a personal check in the amount of $300 from

Faustmann, on behalf of Bollbach and the name and address on the check was: “Jeff Bollbach,

Luthier, Inc., 359 Miller Avenue, Freeport, New York 11520.” The check was signed by Jeffery

Bollbach.

181. On November 24, 2008, I conducted a reverse telephone directory look up on the

Internet for (516) 867-1395 and determined that the subscriber was Jeff Bollbach, 359 Miller

Avenue, Freeport, New York 11520.

182. NYSDEC BECI Investigator Linda Escobar advise me that on November 7, 2008,

she visited 359 Miller Avenue, Freeport, New York 11520, and observed a white 2 story house

with black shutters; the house has a front porch with a red front door; and the number “359”

appears on the right front porch pillar. Escobar told me she observed a driveway on north side of

the house that ends at a detached garage structure. In addition, Escobar advised me that through

visual observation and a review of Google Maps satellite imaging the rear yard also contains a

swimming pool, a possible Koi pond, and a shed.

183. Based upon my experience and training I am aware that turtle collectors, in

addition to using containers, cages, and aquariums to maintain their collections indoors, also

frequently make use of ponds, pools, enclosed areas, fenced areas, hibernaculum and outside

structures to contain their collection of captive wildlife. Moreover, Bollbach told me that he

keeps his turtle collections outside the house. Accordingly, the areas to be searched are the yard

70

of the residence, including any pond, fenced area, hibernaculum or structure located in the yard at

359 Miller Avenue, Freeport, New York 11520.

184. Therefore, the annexed proposed warrant for the yard including any pond, fenced

area, hibernaculum or structure located at 359 Miller Avenue, Freeport, New York, seeks the

following: illegally possessed reptiles (dead or alive in any life form).

6) 138 BEECH STREET, ISLIP, NEW YORK 11751

(Gideon C Hodulick residence)

185. In November 2007, I met Harry Faustmann at a White Plains herp show and we

discussed Faustmann’s herp collection. As noted above, I eventually sold spotted turtles and NA

wood turtles, both protected species native in New York, to Faustmann and his friend Bollbach.

186. On June 22, 2008, Faustmann emailed me, stating: “Hi Dan. Another member of

my Long Island Herpetelogical Society would like to buy Wood turtle(s) from you. If you still

have some for sale, let me know and I will give him your e-mail address. I will be attending the

White Plains Reptile Show on July 13th, so if you are too, another exchange can be made, even if

my friend can't make it. Let me know as soon as you get this e-mail.”

187. On June 23, 2008, Faustmann again sent me an email stating, “Hi Dan. .....How

about I give your e-mail address to my friend, Gideon Hodulick, and he can deal with you about

the Wood turtles? I could always make the exchange for both of you if you like. Let me know if

this is OK with you.”

188. On June 24, 2008, I sent a response email to Faustmann advising him that he could

give my email address to Hodulick. In the email, I asked Faustmann if his friend knew that wood

turtles were protected in New York and that they may not legally be bought or sold. Faustmann

71

responded to me later that day and stated: “No problem with dealing with Gideon. He is a club

member with me and you may have seen or even talked with him at the White Plains show at our

table. He and I have traded turtles before. I'll give him your name and e-mail contact info and

you two can make arrangements.” On that same day, Faustmann emailed Gideon Hodulick and

copied the email to me, supplying Hodulick with my email address.

189. On June 24, 2008, later in the day, Hodulick emailed me: “Hi I am friends with

harry and he told me you have woods. I am looking for a pair or 1.2. Please let me know if you

have any available. Thanks Gideon.”

190. On June 25, 2008, I contacted Hodulick by email and offered to sell him a pair of

wood turtles for $300. I also advised Hodulick that wood turtles were protected and requested

that Hodulick not give out my name or phone number because “I don't want to get jammed up for

selling you turtles.”

191. On July 2, 2008, Hodulick left me a voicemail in which he supplied me with his

cell phone number. On that same day, I returned Hodulick’s call and Hodulick said that if the

wood turtles were still available, he would be willing to buy four for $500. Hodulich told me he

possessed box turtles.

192. After several additional emails between me, Hodulick and Faustmann, I arranged

to meet Hodulick at the White Plains reptile show in White Plains, New York, on September 7,

2008, for the purpose of selling him four wood turtles for $500.

193. On September 7, 2008, I met with Faustmann and Hodulick at the reptile show as

planned and Hodulick paid me $500 and received four wood turtles.

194. On October 18, 2008, I attended the Hamburg reptile show, where I, Hodulick and

his friend “Ken” spoke. Both Hodulick and Ken asked me if I had turtles to sell. I sold Hodulick

72

two wood turtles for $200.

195. At the same show, Hodulick told Thomas that he possessed about fifteen box

turtles and that he kept his turtles outside of his house in a pen all year. Hodulick described for

Thomas an in-ground drum that he uses to hibernate his turtles. Hodulick also told Thomas that

the wood turtles that he had previously purchased from me were really good.

196. On November 25, 2008, I spoke with Hodulick and discussed the hibernation of

our turtle collections. Hodulick told me that he had a large pen built in the yard at his residence

and that is where he keeps his box turtles all winter, along with about a dozen eastern box turtles.

In addition, Hodulick told me that he has a “waterland” tub in his house and that this was where

he kept his wood turtles.

Evidence to be Seized at 138 Beech Street, Islip, New York 11751

197. During the investigation of Hodulick, it became evident that Hodulick, acting

individually and in concert with others, was illegally collecting native New York turtles and

actively buying and trading those animals illegally in person in New York State and

Pennsylvania. Hodulick also stated that he was housing parts or all of his collection of illegal

native reptiles at his residence 138 Beech Street, Islip, New York and in the yard at his residence.

198. Thomas and I have had a number of personal, telephonic and email conversations

with Hodulick, during which Hodulick has stated that he possesses illegal box turtles and wood

turtles at his residence. In addition, Hodulick told us that he keeps his collection both inside his

house and outside his house in confined areas.

199. I have obtained and reviewed a Data Track record, dated November 6, 2008,

listing the address of Gideon C Hodulick (DOB 06/12/1976) as 138 Beech Street, Islip, New

73

York 11751. The Data Track record lists the property owners as Gideon and Kristin Hodulick.

200. I have obtained and reviewed NYSDEC records dated November 7, 2008, showing

that Hodulick purchased a state resident hunting license on September 2, 2008, listing his address

as 138 Beech Street, Islip, New York, 11751.

201. I have obtained and reviewed New York State Department of Motor Vehicle

records dated October 29, 2008, showing that Gideon C Hodulick (DOB 06/12/1976), 138 Beech

Street, Islip, New York 11751, has a valid New York State driver’s license that expires on June

12, 2010.

202. NYSDEC Lt. Lapinski advised me that on November 13, 2008 he visited 138

Beech Street, Islip, New York, and observed a one and a half story residence, located on the south

side of Beech Street, approximately 375 feet west of the intersection of Beech Street and Wilson

Boulevard, in the Town of Islip, New York. It is sided in light green, shake style vinyl with white

trim. There is a half story high red brick face on the eastern half of the front of the structure.

There is a blacktop driveway on the eastern end of the house, leading to a detached two car

garage which is located south east of the house and deeper into the property. The garage is light

green in color with white trim and two white garage doors. To the west of the northern end of the

driveway is a brown mailbox set on a green colored post surrounded by a small raised wooden

planter. The number “138” is prominently displayed in white numerals on the top of the mailbox.

At the extreme southeastern corner of the property is a small shed, tan with white trim and an

asphalt shingle roof.

203. Based upon my experience and training I am aware that turtle collectors, in

addition to using containers, cages, and aquariums to maintain their collections indoors, also

frequently make use of ponds, pools, enclosed areas, fenced areas, hibernaculum and outside

74

structures to contain their collection of captive wildlife. In addition Hodulick told me that he kept

his turtle collection inside the house in a “watertub” and in a pen built in the yard at his residence.

Accordingly, the areas to be searched are the residence, and any pond, fenced area, hibernaculum

or structure located at 138 Beech Street, Islip, New York.

204. Therefore, the annexed proposed warrant for the residence, and the yard including

any pond, fenced area, hibernaculum or structure located at 138 Beech Street, Islip, New York

11751, seeks the following: illegally possessed reptiles (dead or alive in any life form).

7) 32 CARRIE COURT, WADING RIVER, NEW YORK 11792

(Adam Borisuk residence)

205. During the course of this investigation, I monitored popular reptile web sites. On

July 16, 2007, while checking the classified posts on Kingsnake.com, I saw a post from

Millennium Morphs, Inc., (“Millennium Morphs”) that said: “WANTED - Snapping turtles”;

“We are looking to purchase 1000 lots of common snapping turtles this season. Please email us if

you could supply us with as little as 1000 to as many as 20,000 common snapping turtles. We

will pay cash and have the money available on the spot.” The contact for the post was listed as:

“www.millenniummorphs .com”. I checked that site and found the Long Island area phone

number (631) 831-0078 and an address of P.O. Box 750, Wading River, NY 11792.

206. I contacted Millennium Morphs by email and on July 17, 2007, received an email

response from info@millenniummorphs.com that stated: “I will buy as many as you have.

EVERY turtle. There are no regs that protect the sale of baby turtle if they are being exported

overseas. And that's what I am doing, so everything will be fine on your end.”

207. On July 26, 2007, I received another email from info@millenniummorphs.com

75

stating: “I will buy everyone you can get as long as they are babies. Under 2-3 inches ….. Start

with a price and we can haggle back and forth until we are both happy. Let me know an

approximate number of turtles you can supply. I can handle up to 50,000. I am a very serious

buyer so please remain in touch. Thank you.”

208. On August 01, 2007, I received a call from (631) 831-0078. The caller identified

himself as Adam from Long Island. Adam told me that he collects snapping turtle eggs, incubates

them and then sold the hatchlings to a Chinese buyer. Adam further stated that the money the

Chinese are willing to pay for his snapping turtles was “unlimited” and that he was fully aware of

New York State laws protecting snapping turtles. Adam told me that he can be called at number

(631) 831-0078.

209. In September 2007, NYSAG Inv. Sandra Migaj advised me that she spoke with

United States Postal Inspector S. Carosella who informed her that the owner of P.O. Box 750,

Wading River, NY 11792 is Adam Borisuk, 32 Carrie Court, Wading River, NY 11792.

210. After further communications with Borisuk, I traveled to 32 Carrie Court, Wading

River, New York, on October 4, 2007, to meet Borisuk and sell him approximately 200 common

snapping turtle hatchlings for an agreed upon price of $5 each. Borisuk took the turtles into his

residence and I received $1,000 from Borisuk. In addition, Borisuk showed me the areas where

he had collected snapping turtle eggs. Borisuk told me that he had constructed a room in his

house for the sole purpose of incubating turtle eggs. Borisuk detailed the size, the equipment and

the containers used to incubate 20,000 eggs. Borisuk told me that he had an order in May for

50,000 turtles but was unable to fill it and that he had overseas buyers who would purchase

100,000 turtles.

211. During the spring of 2008, I arranged to meet Borisuk for the purpose of collecting

76

eggs in the Wading River Area of Long Island. On June 1, 2008, I traveled to Wading River and

met Borisuk to collect snapping turtle eggs. While engaged in the collecting activity, Borisuk

received several calls from an individual identified as “Mike” and later that morning I was

introduced to Mike Brooks. Brooks told me that he had also been collecting turtle eggs. Brooks

showed me a large container that held multiple layers of turtle eggs between sand. Brooks stated:

“there’s gotta be about 500.” Borisuk took possession of Brook’s container and put it into my

vehicle. During the rest of the morning, I, Borisuk and Brooks collected snapping turtle eggs in

the area south of Wading River and the Riverhead area. While engaged in this illegal collection

of turtle eggs, two-way radios were used for the purposes of alerting each other if any law

enforcement officials or witnesses were in the area. Containers of eggs were concealed for later

pick up. On this day I, Borisuk and Brooks collected approximately 1,000 eggs.

212. During the day both Brooks and Borisuk told me that they both had been engaged

in this activity for the last five years. Borisuk and Brooks revealed that they sold the hatchlings to

a turtle farmer in Louisiana, for profit, knowing that this activity was illegal and prohibited by

New York State law. Borisuk told me that he had sold $100,000 worth of hatchling snapping

turtles, tax free, last year alone.

213. On August 14, 2008, Borisuk told me that his snapping turtle eggs were hatching

out, and that his buyer in Louisiana was currently buying hatchling snapping turtles for $6.25

each. Borisuk suggested that I ship directly to Louisiana to avoid the costs of shipping the turtles

to Borisuk before their shipment to Louisiana.

214. On August 25, 2008, Borisuk told me that he had approximately 1900 turtles to

sell and that he was going to call the Louisiana turtle farmer and determine the current market

price and then ship his turtles the next day by FedEx. Borisuk explained that the Louisiana turtle

77

farmer would pay Borisuk for my snapping turtles and then Borisuk would pay me. Borisuk

suggested that I not disclose the contents of the boxes as FedEx might not ship live turtles.

215. On August 26, 2008, Borisuk called me and told me to ship my turtles to “Adam”

at 5454 Coulee Swamp Road, Collinston, LA 71229. Borisuk also directed me to use the return

address: Millennium Morphs, PO Box 750, Wading River, NY 11792.

216. On August 26, 2008, Thomas shipped 300 live common snapping turtles to the

Louisiana address.

217. On August 27, 2008, Borisuk told me that the Louisiana turtle buyer had received

both of our turtle shipments. Borisuk stated that the buyer told him that there were 294 turtles

from my shipment (a discrepancy of 6 turtles from my count of 300) and 2160 from Borisuk’s

shipment. Although Borisuk did not give me an exact price Borisuk was to receive for the turtles

during this transaction, he told me that he expected to receive approximately $6.20- $6.30 per

turtle. Borisuk also stated that he and Mike had about 700 more eggs to hatch out.

218. On September 12, 2008, I received a check from Borisuk in the amount of $1,470,

approximately $400 less than the figure he had previously quoted. The check was drawn on an

account in the name “Millinnium Morphs, Inc.,” maintained at the Bank of Smithtown, and

signed by Adam Borisuk. In a subsequent conversation, Borisuk told me there were additional

expenses in processing and the shipping of the turtles from Louisiana to China resulting in less

money being given to me.

219. On September 23, 2008, I again spoke with Borisuk about an additional shipment

of turtles to Louisiana. Borisuk stated that he was shipping out his turtles that day and if I could

get my turtles shipped, we could get a price of around $6.00 to $6.50 each. Borisuk directed me

to ship them in the same manner and to the same address. Thomas shipped 468 live common

78

snapping turtles to the Louisiana address on September 23, 2008.

220. On October 8, 2008, Borisuk told me that the Louisiana turtle farmer had received

my turtles and that Borisuk had the money. Borisuk stated that Sullivan’s share “came to twenty

something hundred dollars.”

221. Although I have sent Borisuk a number of email and telephone requests for

payment, as of December 3, 2008, he has not paid me for the 468 snapping turtles.

Evidence to be Seized at 32 Carrie Court, Wading River, NY 11792

222. During the investigation of Borisuk, it became evident that Borisuk, acting

individually and in concert with others, was illegally removing and taking thousands of snapping

turtle eggs from the wild in New York and selling the hatchlings to collectors and buyers via the

Internet from his residence at 32 Carrie Court, Wading River, New York.

223. I have reviewed business records obtained from FedEx regarding Millennium

Morphs, Inc., the business operated by Borisuk, for the period June 1, 2007, through June 30,

2008, showing account information in the name Adam Borisuk, 32 Carrie Court, Wading River,

NY 11792, phone number (631) 831-0078.

224. I have reviewed bank history records obtained from the Bank of Smithtown, for

the period June 1, 2007, through June 30, 2008, for Adam Borisuk, 32 Carrie Court, Wading

River, NY 11792, and Millennium Morphs, Inc., 32 Carrie Court, Wading River, NY 11792.

225. I have reviewed business records obtained from Sprint that indicate that the

customer for telephone number (631) 831-0078, established in May 2002, is Nadine Agliata, 32

Carrie Court, Wading River, NY. Based upon my conversations with Borisuk I know that Agliata

is Borisuk’s girlfriend and that Agliata lives with Borisuk at the 32 Carrie Court address. In

79

addition, I have reviewed an Accurint report dated 07/01/08 for Adam Borisuk, which indicates

that Nadine Agliata is the owner of the residence at 32 Carrie Court, Wading River, NY. In

addition, I have reviewed a Dun and Bradstreet report indicating that Nadine Agliata is the owner

of Millennium Morphs and the address of the business is 32 Carrie Court, Wading River, NY.

226. I obtained and reviewed New York State Department of Motor Vehicle records

dated October 30, 2008, showing that Adam Borisuk, date of birth October 12, 1975, living at 32

Carrie Court, Wading River, New York 11792, has a valid NYS drivers license that expires on

October 30, 2009.

227. This investigation indicates that Borisuk operates his business, Millennium

Morphs, by using computers, the Internet, telephones and other business equipment. Borisuk has

communicated with me via the Internet and by telephone. Based upon my and Thomas’

experience and upon my observations during the investigation of Borisuk, it is reasonable to

believe that Borisuk’s business would generate business and financial records including corporate

documents, telephone records, checking, savings, and credit card records with financial

institutions, bank records, billing and accounts receivable statements, shipping records, shipping

labels, labeled shipping containers, correspondence and communications with other buyers and

sellers and their representatives, calendars, appointment books, telephone books, inventory,

feeding schedules, breeding and trading logs. In addition, because individuals involved with the

illegal commercial trade in reptiles, amphibians and venomous snakes frequently have

photographs and maintain photographic albums of their possessions, and the animals they have

purchased and sold, it is more reasonable to believe that a search of Borisuk’s residence will

result in the seizure of photographic evidence tending to indicate that criminal activity has

occurred.

80

228. NYSDEC Lt. Lapinski advised me that on November 12, 2008, Lapinski traveled

to 32 Carrie Court, Wading River, New York 11792, and observed a cape cod style residence

with a one and a half car garage located at the northern side of the cul-de-sac at the north end of

Carrie Court. The house is sided in natural cedar siding with white trim; the front of the structure

has a covered porch that extends the entire length of the main house. The entrance is by way of a

wood door with a full length glass panel; there is a full length glass sidelight on each side of the

front door and two white individual windows equally spaced on each side of the front door.

Lapinski also advised that the garage is attached to the east end of the house with the single white

garage door facing east; between the driveway and the house is a man-made pond approximately

fifteen feet across; and, at the street end of the driveway is a grey wooden mailbox clearly marked

with the number “32". In addition, Lapinski observed activity at the residence.

229. Therefore, the annexed proposed warrant for the residence located at 32 Carrie

Court, Wading River, NY 11792, seeks the following: photographs, photographic albums, and

videotapes of illegal reptiles and amphibians; business and financial records including

corporate documents telephone records, checking, savings, and credit card records with

financial institutions, bank records, billing and accounts receivable statements, shipping

records, shipping labels, labeled shipping containers, correspondence and communications

with other buyers and sellers and their representatives, calendars, appointment books,

telephone books, inventory, feeding schedules, breeding and trading logs relating to the

ordering, shipping, and receiving of illegal reptiles and amphibians, and that such records

may be in paper or digital/electronic form.

8) 33 BRIARLANE WALK, HOLBROOK, NEW YORK 11741

81

(Michael D. Brooks residence)

230. As set forth above, I was introduced to Michael Brooks on Long Island June 1,

2008, by Adam Borisuk. On that day, Brooks told me that he had been collecting turtle eggs;

Brooks showed me a large container that held multiple layers of turtle eggs between sand, and I,

Borisuk and Brooks collected snapping turtle eggs from sites of recent egg laying in the area

south of Wading River and the Riverhead area.

231. On June 1, 2008, Brooks told me the he and Borisuk had been engaged in this

activity for the last five years. Brooks revealed that he sold the hatchlings to a turtle farmer in

Louisiana, for profit, knowing that this activity was illegal and prohibited by New York State law.

Borisuk and Brooks talked about collecting the turtle eggs and Borisuk suggested that this year

they should split the money 50/50. Brooks agreed.

232. On August 6, 2008, I received an email from officer Rob Croll (“Croll”) at the

Pennsylvania Fish and Boat Commission (“PFBC”). Croll informed me that a poster using the

name “Mike Brooks” posted an advertisement on Kingsnake.com. Croll told me that

“Brooks”was offering 100 lots of common snapping turtles for $1000 and that larger quantities

were available. Croll also told me that the poster listed his location as Long Island, NY and

stated that the animals were from out of state and legal.

233. On August 11, 2008, I observed an advertisement on Kingsnake.com that was

“Posted by Mike Brooks. August 10, 2008, at 17:39:59.” The poster was selling “100 lot of

common snappers $1,000.00 + shipping,” indicating that “[t]hese animals are from my property

out of state and are 100% legal from my property” and noting that “[i]f you are interested in more

turtles [sic] than that give me a call (631) 732-4233.” I asked Croll to reply to the posting and

82

inquire about buying snapping turtles from Brooks.

234. Croll told me that, on August 11, 2008, he placed a call to “Mike Brooks” (631-

732-4233) and received the voice mail of message from “Waterscapes”. Croll left a voice mail

message indicating that he was calling for “Mike Books”, had seen the Kingsnake.com posting,

and that he was interested in buying baby snapping turtles. Croll further told me that, on August

30, 2008, Croll received a voice mail left on his phone from “Mike Brooks.” “Brooks” stated in

the message that he had snapping turtles left and that Croll should call him to discuss a price.

Croll returned the call and left another voice mail message for Brooks.

235. Croll told me that, later on August 30, 2008, Brooks called Croll and discussed the

snapping turtle trade. Brooks told Croll that most of the turtles from the United States are sold to

China and the Chinese eat them. Brooks also told Croll the Chinese pay about $8 apiece for baby

snapping turtles and that turtle farmers in the states are paid about $6.50 per turtle. Brooks told

Croll that “they” had sent two shipments of turtles to Louisiana, one shipment of 1500 and the

other of 1000 and that they had 1000 left. Brooks asked Croll how many snapping turtles Croll

wanted and Croll replied “200”. Brooks stated that he could probably sell Croll 200 turtles for $8

each but that he would have to check with his partner. Brooks stated that the turtles came from

“upstate New York.” Croll asked Brooks about New York laws and Brooks responded by saying:

“ New York doesn’t know what they are doing.....I know all the Fish and Wildlife and they don’t

even know what the laws are.” Brooks stated that he “didn’t give a shit” about New York and

that he has a permit.

236. Croll told me that, after a series of phone calls and voice mails from September 1-

4, 2008, Croll and Brooks agreed to meet in New Jersey on September 5, 2008, to finalize the sale

of the turtles.

83

237. On September 5, 2008, I and members of the USFWS conducted surveillance on

Mike Brooks’ 1998 Green Jeep with New York registration WTRSCAPS. I was able to see and

hear the transaction in New Jersey between Croll and Brooks, during which Croll paid Brooks

$1600 for 187 New York snapping turtles. (On September 4, 2008, Brooks told Croll that he only

had 187 turtles of the 200 promised and that he would ship the other 13 when he got more). Croll

and Brooks had a discussion about the snapping turtle trade and the prices that turtles were being

sold for.

238. Croll told me that, on September 8, 2008, Brooks called Croll and asked how he

was doing with selling the snapping turtles. Croll told Brooks that he had sold about 100 and

Brooks asked Croll if he wanted more and Croll said yes. Croll further told me that, again,

through a series of phone calls and voice mails, Brooks and Croll discussed the sale of more

snapping turtles and agreed to ship them to Pennsylvania. Brooks told Croll that he had 210

snapping turtles that he would sell for $8 each. Croll and Brooks discussed the shortage from the

September 5th transaction and Brooks agreed to sell the 210 turtles to Croll for $1651 which

included shipping charges of $75. Croll told me that he and Brooks discussed the New York laws

and Brooks told Croll that he did not sell snapping turtles to anyone in New York because it

would be “under the table” and people are afraid of the fines.

239. Croll told me that, on September 23, 2008, Croll mailed two United States Postal

money orders to Brooks totaling $1651 at 33 Briarlane Walk, Holbrook, NY 11741, and that, on

October 2, 2008, Croll received a package from Brooks at the Eagleville Post Office in

Pennsylvania. The return address on the Brooks’ package was 33 Briarlane Walk, Holbrook, NY.

The package did not have labeling with the package contents. Croll told Sullivan that the package

contained 214 baby common snapping turtles.

84

Evidence to be Seized at 33 Briarlane Walk, Holbrook, New York 11741

240. During the investigation of Adam Borisuk and Michael Brooks, it became evident

that Brooks, acting individually and in concert with others, was illegally removing and taking

thousands of New York snapping turtle eggs from the wild in New York and selling the

hatchlings to collectors and buyers via the Internet and telephone, selling and shipping New York

snapping turtles from his residence at 33 Briarlane Walk, Holbrook, NY 11741 and personally

transporting, delivering and shipping New York snapping turtles across state lines into New

Jersey and Pennsylvania.

241. I have reviewed Accurint records obtained on September 3, 2008, which show that

Michael Brooks has an address at 33 Briarlane Walk, Holbrook, NY 11741.

242. I have reviewed bank history records obtained from the Bank of Smithtown, for

the period June 1, 2007, through June 30, 2008, for Adam Borisuk and Millennium Morphs, Inc.,

32 Carrie Court, Wading River, NY 11792. These bank records confirm payments by Borisuk to

Brooks on several occasions.

243. I have reviewed business records obtained from Kingsnake.com showing that on

August 4, 2008, Michael D. Brooks, 33 Briar Lane Walk Holbrook, NY 11741 paid $20 to post a

30-day standard classified advertisement on Kingsnake.com. The Kingsnake business records

also reveal that when Brooks logged onto the Kingsnake.com web site to register, pay the fee and

post the advertisement he was using the Internet Protocol (“IP”) address 69.113.183.140.

244. NYSAG Deputy Chief Investigator James Domres informed me that readily

available Internet tools indicated that the IP address 69.113.183.140 was controlled by Optimun

Online (Cablevision Systems). I have reviewed business records obtained from Cablevision

85

Systems on December 2, 2008, that indicate the IP address 69.113.183.140 was assigned to its

subscriber/customer Michael D. Brooks, 33 Briar LN Walk, Holbrook, NY 11741 on August 4,

2008.

245. I have obtained and reviewed New York State Department of Motor Vehicle

records dated October 29, 2008, showing that Michael D. Brooks, date of birth September 14,

1977, living at 33 Briar Lane Walk, Holbrook, NY 11741, has a valid NYS drivers license that

expires on September 14, 2016.

246. NYSDEC BECI Lt. Lapinski advised me that on November 12, 2008, Lapinski

traveled to 33 Briar Lane Walk, Holbrook, NY 11741, and observed a large multi-building

apartment complex on the east side of Broadway Avenue, encircled by Broadway Circle.

Briarlane Walk is a concrete sidewalk/path running generally north-south between Broadway

Circle and parallel to Broadway Avenue. The building containing apartment #33 is a two story

building, identified by an attached rectangular green sign with white lettering stating “The

Georgetown, B Building, Apartments 13-38, Briarlane Walk.” The front of the building faces

South into a common area (Briarlane Walk) and the back of the building faces north onto

Broadway Circle. The building runs in a east west direction and has a gable roof. The outside of

the building is faced in brick with tan colored bricks at the east and west ends and red brick in the

center sections. Apartment 33 is located at the western end of the red brick center section of the

building. The entrance to the apartment faces South onto the Briarlane Walk courtyard. It has a

dark green colored exterior door covered by a white full panel glass storm door. The door is

clearly marked “33" by two gold colored metal numerals attached to the door. The doorway is

trimmed in white with a white cornice and keystone on top. To the immediate right of the

doorway is a white exterior light fixture. To the immediate left or west of the doorway is a two

86

panel sliding glass white window with green shutters and a green cornice over it. Over the door

and over the window to the west of the door are two more sets of white sliding windows with

green shutters and white cornices. The rear door is a solid white door in a recessed porch on the

north side of the building.

247. This investigation showed that Brooks conducts turtle sale transactions by using

computers, the Internet, telephones and other business equipment. Brooks communicated with

Croll via the Internet and by telephone. Based upon my experience and my observations during

the investigation of Brooks, it is believed that Brooks’ sale of turtles would generate business and

financial records including telephone records, checking, savings, and credit card records with

financial institutions, billing and accounts receivable statements, shipping records, shipping

labels, labeled shipping containers, correspondence and communications with client businesses

and their representatives, calendars, appointment books, and telephone books. In addition,

because individuals involved with the illegal commercial trade in reptiles, amphibians and

venomous snakes frequently have photographs and maintain photographic albums of their

possessions, and the animals they have purchased and sold, it is more reasonable to believe that a

search of Brook’s apartment will result in the seizure of photographic evidence tending to

indicate that criminal activity has occurred.

248. Therefore, the annexed proposed warrant for the apartment located at 33 Briarlane

Walk, Holbrook, NY 11741, seeks the following: photographs, photographic albums, and

videotapes of illegal reptiles and amphibians; business and financial records including

corporate documents telephone records, checking, savings, and credit card records with

financial institutions, bank records, billing and accounts receivable statements, shipping

records, shipping labels, labeled shipping containers, correspondence and communications

87

with other buyers and sellers and their representatives, calendars, appointment books,

telephone books, inventory, feeding schedules, breeding and trading logs relating to the

ordering, shipping, and receiving of illegal reptiles and amphibians, and that such records

may be in paper or digital/electronic form.

SEALING REQUEST

249. Although the covert portion of this long term investigation is complete, I anticipate

that the execution of these search warrants, together with the planned interviews with the suspects

and others involved in the illegal trade in wildlife, will result in the investigation of additional

people in New York and elsewhere. In addition, based upon my discussions with New York State

Assistant Attorney General Paul F. McCarthy, I believe that charges and/or a grand jury

investigation will be commenced soon. Accordingly, given that this is an ongoing investigation, I

requested that this application be sealed until further order of this court.

WHEREFORE, your affiant respectfully requests that warrants be issued, in the form

annexed, authorizing Investigators of the NYSDEC with the appropriate assistance from other

law enforcement officers, including the USFWS Law Enforcement, NYSAG, and technicians and

agents working on their behalf to identify and maintain illegally possessed wildlife found in each

location and to properly image or seize computer systems, to enter the addresses listed above, to

search for and seize the property listed above, and that any property seized be maintained in the

possession of either the New York State Department of Environmental Conservation or agents

designated by NYSDEC to properly maintain any seized animals.

_________________________ Daniel W. Sullivan

88

Subscribed and sworn to before me December 5th, 2008 ____________________________Date:Time: