August 11, 2020

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AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Jacob Kyer, being duly sworn, hereby depose and state as follows:

1. I am an investigative or law enforcement officer of the United States within the 

meaning of Title 18, United States Code, Section 2510(7). That is, I am an officer of the United 

States, who is empowered by law to conduct investigations of, and make arrests for, offenses 

enumerated in Title 18, United States Code, Sections 2422, 2423, 2250, 2251, and 2252.

2. I am a Special Agent (“SA”) with the Department of Homeland Security, 

Homeland Security Investigations (“HSI”), and have been so employed since 2019. I am 

currently assigned to the HSI Office in Key West, Florida. As part of my duties, I investigate 

crimes involving the sexual exploitation of minors including the production, possession, and 

distribution of child pornography. I have received training on the proper investigative techniques 

for these violations, including the use of surveillance techniques and the application and 

execution of arrest and search warrants. I have assisted in several child exploitation 

investigations, and have executed search warrants that have led to seizures of child pornography. 

3. I submit this Affidavit in support of a criminal complaint which charges Robert 

James BROWN (“BROWN”) with failure to register and update a registration as required by the 

Sex Offender Registration and Notification Act (“SORNA”), in violation of Title 18, United

States Code, Section 2250(a), and possession of visual depictions of minors engaged in sexually 

explicit conduct (that is, “child pornography”), in violation of Title 18, United States Code, 

Section 2252(a)(4)(B) and (b)(2).

4. The information set forth in this Affidavit comes from my personal involvement 

in this investigation, as well as from information provided by other sworn law enforcement 

officers and other personnel specially trained in the seizure and analysis of computers and other 

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electronic media. This Affidavit does not include every fact law enforcement knows about this 

investigation. Rather, this Affidavit contains only those facts necessary to establish probable 

cause for the issuance of the criminal complaint against BROWN for the aforementioned 

criminal violations.

PROBABLE CAUSE

5. On or about August 10, 2020, a federal magistrate judge in the Southern District 

of Florida issued a search warrant authorizing law enforcement to search the vessel 

"TOSCANA,” located at Slip 10, Starfish Pier of Sunset Marina, 5555 College Road in Key 

West, Florida, including any computers, data storage devices, and electronic devices found 

therein. See 20-5025-Snow (sealed) (the “Warrant”). The Warrant was obtained based on there 

being probable cause to believe that there was evidence on the sailing vessel of possession of 

child pornography, in violation of Title 18, United States Code, Section 2252(a)(4).

6. On August 11, 2020, law enforcement executed the Warrant on the sailing vessel 

“TOSCANA.” BROWN was encountered by law enforcement in the sailing vessel during the 

execution of the warrant. BROWN was in possession of a cellular phone on the vessel, which 

was seized during the execution of the warrant.

7. Pursuant to the Warrant, law enforcement manually reviewed the cellular 

telephone and located at least ten (10) videos which contained minors engaging in sexually 

explicit conduct. Three (3) of the files discovered on the cellular telephone are more specifically 

described as follows:

a. File name “!!!NEW!!! kait 5yo – chunk2 FK pthc best.avi” is a video that depicts 

a prepubescent white female, approximately six years of age, being penetrated by the 

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erect penis of an adult white male. This video is one minute and twenty-five second 

(01:25) in duration.

b. File name “(Pthc) 2011 8yo girl with two men.avi” is a video that depicts an adult 

male applying lubricant to the rectal and vaginal area of a prepubescent white female, 

approximately eight years of age, while she is on her knees leaning forward on a bed. 

The adult white male penetrates the child digitally in the anus and vagina. Eventually, 

the child is placed on her back and is continued to be penetrated in her vagina digitally.

This video is sixteen minutes and twenty-four seconds (16:24) in duration.1 

c. File name “pthc new! 2008 a 5yo South America.avi” is a video that depicts a 

Hispanic female child approximately five years of age. The video begins with the child 

coloring while on a bed, with an adult Hispanic male present. Eventually, the adult 

Hispanic male removes the bottom clothing of the child, exposing the child’s anus and 

vagina. The adult Hispanic male then penetrates the vagina of the child digitally. The 

adult Hispanic male eventually performs oral sex on the vagina of the child. The video 

concludes with the adult Hispanic male penetrating the vagina of the child digitally while 

she lays on her back. This video is sixteen minutes and eight seconds (16:08) duration.

8. On August 11, 2020, BROWN was advised of his Miranda rights and agreed to 

speak to investigators in a video and audio-recorded interview. BROWN admitted to having been 

convicted of an offense which required registration as a sex offender in the state of Colorado. 

BROWN admitted to purchasing the vessel “TOSCANA,” upon which he was intending to 

reside, and stated that he knowingly did not inform the state of Colorado of his departure from 

the state. BROWN stated that he flew via commercial air travel from Colorado to Key West and 

had arrived approximately two weeks ago in Key West, Florida. BROWN stated that he has not 

1 Based on the length of this video, it is not described in its entirety.

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11th

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-5026-SNOW

UNITED STATES OF AMERICA

v. 

ROBERT JAMES BROWN, 

Defendant.

_______________________________/ 

CRIMINAL COVER SHEET

1. Did this matter originate from a matter pending in the Northern Region of the United States

Attorney=s Office prior to August 9, 2013 (Mag. Judge Alicia O. Valle)? Yes X No

2. Did this matter originate from a matter pending in the Central Region of the United States

Attorney=s Office prior to August 8, 2014 (Mag. Judge Shaniek M. Maynard)? Yes X No

3. Did this matter originate from a matter pending in the Central Region of the United States

Attorney=s Office prior to August 8, 2019 (Mag. Judge Jared M. Strauss)? Yes X No

Respectfully submitted,

ARIANA FAJARDO ORSHAN 

UNITED STATES ATTORNEY

BY: _____________________________________ 

Elena Smukler

Assistant United States Attorney

Fla. Bar No. 91025 

99 Northeast 4th Street 

Miami, FL. 33132-2111

Tel: (305) 961-9444

Elena.Smukler@usdoj.gov

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