20180515-US-District-Court-complaint-against-Joshua-Adam-Schulte.pdf

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Case 1:17-cr-00548-PAC Document 1 Filed 08/23/17 Page 1 of 14
Laroe
Assistant United States Attorneys
Before:
THE HONORABLE HENRY PITMAN
United States Magistrate Judge
Southern District of New York
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SEALED COMPLAIB
UNITED STATES OF AMERICA
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Violations of
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JOSHUA ADAM SCHULTE,
Defendant.
(b) (1) /
(a) (5) (B),
(b) ( 2) /
and 2
COUNTY OF OFFENSE:
NEW YORK
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STATE OF NEW YORK
COUNTY OF NEW YORK
SOUTHERN DISTRICT OF NEW YORK
SS.:
Jeff David Donaldson, being duly sworn, deposes and
says that he is a Special Agent with the Federal Bureau of
Investigation ("FBI"), and charges as follows:
COUNT ONE
(Receipt of Child Pornography)
1.
From at least in or about 2009, up to and including at
least in or about March 2017, in the Southern District of New
York and elsewhere, JOSHUA ADAM SCHULTE, the defendant,
knowingly did receive and attempt to receive material that
contains child pornography that had been mailed, and using a
means and facility of interstate and foreign commerce shipped
and transported in and affecting interstate and foreign commerce
by any means, including by computer, to wit, SCHULTE downloaded
from the Internet electronic files depicting child pornography.
(Title 18, United States Code, Sections 2252A(a) (2) (B),
and 2.)
(b) (1)
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Case 1:17-cr-00548-PAC Document 1 Filed 08/23/17 Page 2 of 14
COUNT TWO
(Possession of Child Pornography)
2.
From at least in or about 2009, up to and including at
least in or about March 2017, in the Southern District of New
York and elsewhere, JOSHUA ADAM SCHULTE, the defendant,
knowingly did possess and access with intent to view, and
attempt to possess and access with intent to view, a book,
magazine, periodical, film, videotape, computer disk, and other
material that contained an image of child pornography that had
been mailed, shipped and transported using a means and facility
of interstate and foreign commerce and in and affecting
interstate and foreign commerce by any means, including by
computer, and that was produced using materials that had been
mailed, shipped and transported in and affecting interstate and
foreign commerce by any means, including by computer, to wit,
SCHULTE accessed with intent to view and possessed images and
videos of child pornography at his residence in New York, New
York.
(Title 18, United States Code, Sections 2252A(a) (5) (B),
and 2.)
COUNT THREE
(Transportation of Child Pornography)
(b) (2)
3.
In or about November 2016, in the Southern District of
New York and elsewhere, JOSHUA ADAM SCHULTE, the defendant,
knowingly did mail and transport and ship using a means and
facility of interstate and foreign commerce and in and affecting
interstate and foreign commerce by any means, including by
computer, child pornography, to wit, SCHULTE transported from
Virginia to New York, New York, a computer containing images and
videos of child pornography.
(Title 18, United States Code, Section 2252A(a) (1) .)
The bases for my knowledge and the foregoing charges
are, in part, as follows:
1.
I am a Special Agent with the FBI, and I have
been personally involved in the investigation of this matter.
This affidavit is based in part upon my conversations with law
enforcement agents and other people, and my examination of
reports and records.
Because this affidavit is being submitted
for the limited purpose of establishing probable cause, it does
not include all of the facts that I have learned during the
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Case 1:17-cr-00548-PAC Document 1 Filed 08/23/17 Page 3 of 14
course of my investigation. Where the contents of documents and
the actions, statements, and conversations of others are
reported herein, they are reported in substance and in part,
except where otherwise indicated.
2.
I know, based on my conversations with other law
enforcement agents and other people, my participation in this
investigation, my review of documents, and my training and
experience, that:
a.
On or about March 13, 2017, the Honorable
Barbara C. Moses, a U.S. Magistrate Judge for the Southern
District of New York, issued a search warrant (the "Schulte
Search Warrant") to search the residence of JOSHUA ADAM SCHULTE,
the defendant, in New York, New York (the "Residence").
b.
On or about March 15, 2017, members of the
FBI searched the Residence. During the course of that search,
law enforcement officers recovered, among other things, multiple
computers, servers, and other portable electronic storage
devices (the "Subject Devices"), including SCHULTE's personal
desktop computer (the "Desktop Computer").
3.
I know, based on my conversations with FBI agents
including agents assigned to the Crimes Against Children Squad
(the "CACS Agents"), my review of documents, and my training and
experience, the following:
a.
During the course of reviewing the Desktop
Computer, CACS agents encountered a volume of files in an
encrypted container, approximately 54 GB in size (the "Encrypted
Container") .
1
b.
As described in more detail below, law
enforcement personnel were able to def eat the encryption used to
protect the Encrypted Container by entering passwords recovered
from a cellular telephone belonging to JOSHUA ADAM SCHULTE, the
defendant.
1
I understand, based on my conversations with computer
scientists involved in this investigation, my training and
experience, and my involvement in this investigation, that a
"container" in this context refers generally to a data structure
that holds one or more different types of data.
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Case 1:17-cr-00548-PAC Document 1 Filed 08/23/17 Page 4 of 14
c.
The Encrypted Container contains over ten
thousand files, including images and videos, that appear
consistent with child pornography (the "CP Files").
d.
The CP Files are organized in folders, some
of which are titled "downloads," "new," "kids," "old," "other,"
and "young." In addition, within the "downloads" folder, there
are additional subfolders titled "13yo in bath" and "llyr old"
that also contain child pornography.
e.
A sample of the CP Files is listed below,
along with summary descriptions:
i.
"Jenny 9yo daughter - Full. mpg" is a
video, approximately seventeen minutes long, found in a folder
titled "downloads." The video depicts an approximately eight-
to-ten-year-old prepubescent female engaged in sexual acts.
For
example, during part of the video, the prepubescent female's
shins are tied to her thighs with a yellow rope, and a male hand
then masturbates the prepubescent female's vagina. During
another part of the video, the prepubescent female engages in
oral sex on an adult male penis.
"(Lolita) !Pthc - 2010 (Toddlergirl)
Kait 5yo Willing-Ffk-Sk-Fcs.avi" is a video, approximately three
minutes and twenty-three seconds long, found in a folder titled
"downloads." The video depicts a prepubescent female
approximately three-to-six years old engaging in various sex
acts.
For example, at one point in the video, the prepubescent
female has her legs spread in a lewd and lascivious manner, and
she touches her vagina while an adult male touches her
vagina.
The adult male then penetrates the prepubescent
female's vagina with his index finger.
ii.
iii.
"PTHC- beauty-cumshot 3yo THIS ROCKS
pedo child toddler incest2yo 4yo 5yo 6yo 7yo 8yo babyj vicky
laura jenny sofie fdsa hussyfan Russian korea.mpg" is a video,
approximately six minutes and thirty-seven seconds long, found
in a folder titled "new." The video depicts a female toddler
that appears to be between the ages of two and four years old
engaging in sexual acts.
For example, at one point in the
video, the toddler's legs are spread and her vagina shown in a
lewd and lascivious manner.
Later, an adult male masturbates
his penis, rubs the toddler's vagina, and holds one of her legs
open. The toddler later grabs the adult male penis.
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Case 1:17-cr-00548-PAC Document 1 Filed 08/23/17 Page 5 of 14
iv.
"(PTHC Lolifuck) lOYo Katrina -
Doggystyle (New 2008) .avi" is a video, approximately six minutes
and eighteen seconds long, found in a folder titled "new." The
video depicts a prepubescent female who appears to be between
nine and eleven years old engaging in sexual acts.
For example,
the video begins with the prepubescent female washing her vagina
over what appears to be a pot of water and masturbating. Later,
an adult male inserts his finger into the prepubescent female's
anus and another finger rubs the prepubescent female's vagina.
f.
Within the Encrypted Container, the CACS
Agents also identified documents that contained links to
numerous illicit websites (the "Websites"). Based on the CACS
Agents' training, experience, and familiarity with the Websites,
they believe that some of the Websites have been used to access,
view, and download child pornography, as well as other types of
pornography.
Based on a forensic review of the Desktop
Computer, some of the Websites known to contain child
pornography appear to have been accessed by the user of the
Desktop Computer.
4.
I know, based on my conversations with other law
enforcement agents, including FBI computer scientists involved
in a forensic review of the Subject Devices (the "Computer
Scientists"), that the CP Files reviewed by the CACS Agents were
discovered by the Computer Scientists in the Encrypted Container
on the Desktop Computer.
Specifically:
a.
During the examination of the Desktop
Computer, the Computer Scientists determined that an encrypted
virtual machine was present on the Desktop Computer (the "VM").
A virtual machine allows a user to create a separate computer
operating system within a physical computer's operating system.
The Computer Scientists were able to access the VM by inputting
a password obtained from a forensic examination of a cellphone
(the "Cellphone") belonging to JOSHUA ADAM SCHULTE, the
defendant (the "Cellphone Examination") .
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Specifically, the
Cellphone Examination identified various passwords that had been
input by the user of the Cellphone to, for example, access the
phone, applications on the phone, and/or certain websites.
b.
Upon accessing the VM, the Computer
Scientists identified a user account "Josh" with an encrypted
home directory (the "Home Directory"). The Computer Scientists
2
On or about March 20, 2017, JOSHUA ADAM SCHULTE, the defendant,
consented to the search of his Cellphone.
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