Free Complaint - District Court of Delaware - Delaware

/_,» Case 1:08-cr—00043—JJF Document 1 Filed O2/11/2008 Page 1 of 3
y AOQ1r[HQ1'_5I85| Crlmtnaltumnlalnt | ’ _

6 Q- _ Q .
Qiittttzh States Etatrtci (Henri 1
otsmtcr o1= I
UNITED STATES OF AMERICA K
i V. ,
CRIMINAL COMPLAINT A
JONATHAN AMATO
CASE NUMBER: 08- 3 7‘/Y? ‘ ‘ "
Qluneiidtddnu ¤ID•t••¤••iti
l, the undersigned complainant being duly swom state the following is true and correct to the best of my
September l3».2006 through Z
knowledge and belief. On or about in county, in the
j______,... District of eereneamtei eta, m.ea........, t...,.......e·.......
S knowingly receive and possess; and did attempt to do so, visual depictions of minors
engaging in sexually explicit condut, which images had moved in interstate commerce
in violation of Title .LL..._ United States Code, Sectlontsi .
` United States Immigration and r
I further state that I am ain) and that this complaint is based en the following i
cum- i
facts: AFFIDAVIT attached.
. I . i
Continued on the attached sheet and made a part hereof: [E Yes . G No . .
Signature DUE-if ,
· David B. e pec a Agent j
Sworn to before me and subscribed in my presence, U' S' immtttt ]*° Hd Cusmms Enf°f°9mBm; I i
A - E
4*/ of at Wilmington, Delaware I
' Date City and Stats
Honorable Mary Pat Thynge i `
United States Magistrate Judge V _
Name lit Title ot Judicial Otticer *—"_ Signs re of Judicial ‘

M " Case 1 :08-cr-00043-JJF Document 1 Filed O2/11/2008 Page 2 of 3
r l
AFFIDAVIT I
_ I, David B. Yeary, being duly swom, depose and say:
l. I am a Special Agent with the United States Department of Homeland Security, Bureau
of Immigration & Customs Enforcement (ICE), Dover Delaware. Ihave been employed as a Special
Agent since January 25, 2003, when I was employed by the INS. The INS was transferred to the
U.S. Department of Homeland Security as the Bureau of Immigration & Customs Enforcement in
March 2003.
2. This following information was developed from the affiant’s personal knowledge and
from information provided by State of Delaware government agencies, INS/ICE records.
3. Information received from an undercover ICE operation indicates that JONATHAN
AMATO, with a credit card account issued by Capital One, purchased access to Child Porn websites
through Pay Pal on January 3, 2007, December 22, 2006, and September 18, 2006.
4. A response from a subpoena issued to Capital One- confirmed the relevant PayPal
transactions to the Child Porn sites. The subpoena also shows an additional purchase to the Child
Porn sites on February l, 2007.
5. On February 06, 2008 a Search Warrant was executed on the residence of Jonathan
AMATO, in Dover, Delaware. During the search the following computer equipment was seized: a
PNY 256 MB thumb drive USB storage device, Toshiba Laptop, HP Laptop, Averatel Laptop and
Compaq Desktop.
6. ICE RAC Wilmington Special Agent William Shields interviewed Jonathan AMATO
on February 06, 2008. AMATO was advised of his rights and signed the waiver agreeing to talk i
with SA Shields. During the interview AMATO admitted to having Child Porn stored on the PNY T
256 MB thumb drive. During this interview AMATO also admitted to purchasing access to a Child
Porn website and to accessing pictures and videos therefrom.
7. On or about February 7, 2008, approximately 60 photo images were found on Amato’s
PNY thumb drive by an ICE computer forensic examiner. Your affiant reviewed those images on =
February 8, 2008, and confirms that they depict minors engaged in sex acts and for the lascivious
exhibition of the genitals and pubic area. Approximately 20 of the images depict prepubescent
minors engaged in sex acts with adults.
8. On February l 1, 2008, this writer interviewed AMATO, after he was advised of his rights
and signed the waiver. When AMATO was questioned about the child porn images on the PNY
256MB thumb drive, he stated that these images were down loaded within the last three months.
AMATO stated that he received SPAM emails advertising Child Porn and he would copy the
Uniform Resource Locator (URL) and paste the URL in his browser and then take free tours ofthe ,
sites. -
l

· A * Case 1 :08-cr—00043—JJF Document 1 Filed O2/11/2008 Page 3 of 3
WHEREFORE, your afiiant avers that there is probable cause to believe that Jonathan
AMATO did receive and possess Child Pornography in violation of 18 USC §§ 2252 and 2252 A.
David B Y g
Special Agent
U.S. Immigration & Customs Enforcement
A I

l
2 A

Case 1:08-cr-00043-JJF

Document 1

Filed 02/11/2008

Page 1 of 3

Case 1:08-cr-00043-JJF

Document 1

Filed 02/11/2008

Page 2 of 3

Case 1:08-cr-00043-JJF

Document 1

Filed 02/11/2008

Page 3 of 3