Free Complaint - District Court of Delaware - Delaware

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Qdnrtzh States E tstrtct (Henri
DELAWARE
DISTRICT OF
UNITED STATES OF AMERICA I
V.
PHILLH, W_ GRAHAM CRIMINAL COMPLAINT
CASE NUMBER: 07- [vt I
{Hama UHLXIIII II KIUUIRH
I, the undersigned complainant being duly sworn state the following is true and correct to the best of my
May 23, 2006, through
lmewiedge and belief. On or about _0ci:¤b.e_.2n...J_L_.._.r 2 0 in _N._ Castle __ county, in the
....._..._... District of defendantlsl did, mm s·¤¤·¤~ umm ¤•¤••···p·»
knowingly receive and attempt to receive and possess visual depictions of minors engaged
in sexually explicit conduct which- images had moved by computer in interstate commerce
an violation of Title ... United States Code, Section(s) 2252A(·i*) (2) and (5) (B) _
U.S. Immigration_& Customs I ` ‘
I IU¤I'l¤l' state that I Hm 8(fl) and that this complaint Isbased on the following
facts: AFFIDAVIT attached. -
NOV 7
U.S. D STR -T COURT
DISTRQCT OF DELAWARE
Continued on the attached sheet and made a pan nereot; K] Y93
. S qnatura ot Complainant _
Brian G. ·Maher, Special Agent: U
Swom to before me and Subscribed in my presence. U. S. Immigration and Customs Enforcement
lgggjg Q'; ,£Q9·’}"` at Wilmington, Delaware
' Date City and Sl ·
Honorable Mary Pat Thyrnge I
United States Magistrate Judge A 6.% I · dal
Name at nine ot Judicial Officer @' I uqi iai orii . {

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I, Brian Maher, being duly sworn, depose and say: (
1. I am a Special Agent with the United States Department of Homeland
Security, Bureau of Immigration & Customs Enforcement (ICE), Wilmington,
Delaware. I have been employed as a Special Agent for over five years. During
this time l have conducted and participated in numerous investigations of _
violations of U.S. immigration law and U.S. customs laws.
2. Pursuant to 18 U.S.C. § 2251 et seq., l am authorized to investigate
crimes involving the sexual exploitation of children. Sections 2252 and 2252A
make it a federal crime for any person to knowingly receive or distribute child
pornography that has been mailed or has been shipped or transported in foreign
commerce, or which contains materials which have been mailed or so shipped or
transported, by any means including by computer. That section also makes it
illegal to knowingly reproduce any visual depiction for distribution in foreign
commerce by any means including by computer or through the mails.
3. I have conducted and participated in investigations of persons suspected
of violating federal child pornography laws, including Title 18 U.S.C. §§ 2251,
· . 2252 and 2252A. I have received training in the area of child pornography and
child exploitation, and have had the opportunity to observe and review examples
of child pornography (as defined in 18 U.S.C. § 2256) in digital media.
4. On October 22, 2007, a Federal Search Warrant (Number 07-202M) was
issued by the Honorable Leonard P. Stark, U.S. Magistrate Judge for the District
of Delaware, authorizing the search of the premises at Philip Graham’s
residence. The issuance of the search warrant was predicated upon, among
other things, probable cause to believe that Philip Graham had purchased
subscription access on or about May 23, 2006, and then again on or about June
16, 2006, to a commercial website labeling itself "IIIegai.CP," and clearly
identifying itself on its banner page as one of the best child porn sites on the
internet. The access was purchased with a VISA debit card with a specific
number.
5. On October 26, 2007, pursuant to that Search Warrant, ICE Agents
seized several personal computers, one of which was functional, and related
peripherals and computer media from the residence of Philip Graham.
6. On October 26, 2007, detectives with the Delaware State Police (DSP)
initiated a preliminary examination of the hard drive from the functional computer
seized from Philip Graham. This analysis has discovered on this computers
hard drive approximately 1,000 still images of child pornography and child erotica
and approximately 100 videos of child pornography and child erotica. It appears
that about half of the 1,000 images have been downloaded to this computer
since June 1, 2007. A significant number of these images and videos depict
prepubescent children. These images and videos are organized into folders and

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subfolders with such titles as "LoIita Art," "Lost Lolita Archives," "Teen ll/Iode|s,"
"Pre-Teen Models," and "Hard." There is one video tile entitled "Rep2.avi” which
appears to depict the rape of a prepubescent child by an adult. There is another
video entitled "Suckhim2.mpg," which appears to depict a prepubescent child
performing oral sex on an adult male.
7. On November 6, 2007, ICE Special Agents conducted a non-custodial
interview of Philip Graham at his residence. in the course of this interview, Philip
Graham stated that he uses his computer and the internet primarily for playing
online games and looking for Japanese anime art. He stated that he had seen a
number of images and videos containing child pornography from various internet
Websites during the last four years, but that he never downloaded any of it.
Philip Graham stated that he had used BitTorrent to look for Japanese anime, but
that he couldn’t find any. Being unable to find the anime, he stated that he
searched on boys’ and girIs’ names, out of boredom. In response to those
searches, he found a number of nude images. He stated that the nude "guys"
were "disgusting,” so he searched for girls’ names. in response to those_ queries,
numerous photos were returned, from "Kid Art" to adult pornography. He
specifically recalled seeing "art" for "Sarah" and "Karen." Photos of Sarah
appeared to range in age from about 5 to about 16 years old, and photos of
Karen appeared to range from about 6 or 7 to about 40 years old.
Philip Graham stated that on one occasion, he attempted to download the Star
Wars Christmas Special, but, when he opened the file, it contained a
photographic collection titled Sarah Model, a collection of nude photographs of a
girl from the age of approximately 5 or 6 years old to approximately 15 or 16
years old. He referred to her as the "faceless modeI," since some of the younger
photos did not show her face.
Philip Graham stated that he had subscribed once to a Website called “unet.oom"
or "unicet.com," for a period of 30 days, to look for Japanese anime. Although he
found no anime, there were pictures of cars, "adult stuff," nude women, men and
"kid models." He stated that the "kid models" were "little kids dressed up in
clothes."
Philip Graham stated that a friend of his, whom he identified by name, used to
stay with him occasionally, until approximately five to seven months ago. If they
went out drinking, this friend would stay at Graham’s house or Graham would .
stay at his house overnight. Graham stated that this friend would stay at his
house two or three times a week or Graham would stay at the friend’s house two ‘
or three times a week, essentially alternating between th two on a weekly basis.
Philip Graham stated that he possesses only one general use payment card,.a
VISA debit card from Artisan’s Bank. Graham presented the card to the
interviewing agents. The card is a VISA debit card with the same number as the

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credit card referenced above in paragraph 4 and valid from 10/07 to 10/09. .
Graham also presented the recently expired predecessor card, which bore the
‘ same number and had been valid from 10/05 to 10/07.
WHEREFORE, your affiant avers that there is probable cause to believe that
Philip Graham knowingly received and possessed child pornography, visual
depictions of minors engaging in sexually explicit conduct, in violation of
18 U.S.C. §§ 2252, and 2252/\.
Brian G. Maher
Special Agent
immigration & Customs Enforcement

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