Electracash E-mail Seizure

UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND -- NORTHERN DIVISION

In the Matter of the Search of The email accounts of Electracash, Inc., at Intermedia.

APPLICATION

AND AFFIDAVIT

SEARCH WA~T CASE NUMBER:

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FOR

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1,Richard S. Gunn, Anne Arundel County Police Detective and United States Immigration and Customs Enfor~ent Force Officer, being duly sworn depose and say: I am a federal agent and have reason to believe that on the premises known as (name, description

Intermedia,

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and or location)

156 West 56th Street, Suite 1601, New York, New York 10019,

in New York and elsewhere, there is now concealed certain property, namely:

Information specified in Attachment A pertaining to the email account of Electracash,

Inc.,

grounds for search and seizure under Rule 41(b) of the Federal Rules of Criminal Procedure) evidence of the operation ofa gambling business in violation of 18 U,S,C. section 1955, the movement of funds in violation of 31 U.S.C. section 5363, the transmission of wagering information in violation of 18 U,S.C. section 1084, and the laundering of the proceeds of an illegal gambling business in violation of 18 U.S.C. section 1956(a)(2)(A).

which is (give alleged

The facts to support the issuance of a Search Warrant are set forth in the attached affidavit.

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Richard S. Gunn Anne Arundel County Police Detective, and U.S. Immigration and Customs Enforcement Task Force Officer .•..--:.- -' .. ~;;..;-; '\,'}\.cw-: 0 t~~~y,. Sworn to before me and subscribed in my presence, oniOcfffi'l5"er 9, 2009;'!at,Baltimore, Maryland . ...;....

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Intermedia Warrant ATTACHMENT I.

A

Search Procedure

a. The search warrant will be presented to Intermedia personnel who will be directed to isolate those accounts and files described in Section II below; b. In order to minimize any disruption of computer service to innocent third parties, Intermedia employees and/or law enforcement personnel trained in the operation of computers will create an exact duplicate of the computer accounts and files described in Section II below, including an exact duplicate of all information stored in the computer accounts and files described therein; c. Intermedia employees will provide the exact duplicate in electronic form of the accounts and files described in Section II below and all information stored in those accounts and files to the agent who serves the search warrant; and d. Law enforcement personnel will thereafter review all information and records received from Intermedia employees to determine the information to be seized by law enforcement personnel specified in Section III of Attachment A. e. Searching the contents of subject e-mail account in this case for evidence of the target crimes will require that agents "open" and cursorily read the first few "lines" of such e-mails and other stored communications in order to determine their precise contents, just as it is necessary for agents executing a warrant to search a filing cabinet to conduct a preliminary inspection of its entire contents in order to determine the documents which fall within the scope of the warrant. If a cursory inspection of any specific email or stored communication indicates that the email or stored communication does not concern conduct within the scope of the warrant, law enforcement personnel will not review further that email or stored communication. II.

Files and Accounts to be Copied by Intermedia Employees

a. All electronic mail stored and presently contained in, or on behalf of, the following corporate and/or individual accounts: Electracash Inc. b. All existing printouts from original storage of all of the electronic mail described above in Section II (a); c. All "address books" or other list of correspondents associated with accounts described above in Section II (a). d. (a).

All saved "chat" transcripts associated with accounts described above in Section II

09-3635 JKB e. All transactional information of all activity of the electronic mail addresses and/or individual accounts described above in Section I1(a), including log files, dates, times, methods of connecting, ports, dial-ups, and/or locations; f. All business records and subscriber information, in any form kept, pertaining to the electronic mail addresses and/or individual accounts described above in Section I1(a), including applications, subscribers' full names, all screen names associated with the subscribers and/or accounts, all account names associated with the subscribers, methods of payment, telephone numbers, addresses, and detailed billing records; and g. All records indicating the services available to subscribers of the electronic mail addresses and/or individual accounts described above in Section I1(a). III.

Information to be ~

b Law Enforcement Personnel .

a. IlAnyan a e ectronic mail which is evidence of the operation of a gambling business in violation of 18 U.S.C. section 1955, the movement of funds in violation of 31 U.S.C. section 5363, the transmission of wagering information in violation of 18 U.S.C. section 1084, and the laundering of the proceeds of an illegal gambling business in violation of 18 U.S.C. section 1956; including: 1. All electronic mail that identifies individuals or correspondents engaged in the offenses mentioned above; 2. All electronic mail that evidences or identifies the means and methods by which the offenses mentioned above are effectuated; 3. All electronic mail that evidences or identifies the means of payment, financing, or movement of funds in connection with the offenses mentioned above; 4. All electronic mail that demonstrates the relationship between individuals or correspondents engaged in the offenses mentioned above; 5. All electronic mail that evidences the creation of businesses or the opening of accounts in connection with the offenses mentioned above; 6. All existing printouts from original storage which concern the categories identified in subsection III (a) and III (b); and b.

All "address books" or other list of correspondents.

c.

All saved "chat" transcripts that identify conduct specified in section (a).

d.

All of the records and information described above in Section I1(e), (t), and (g).