10.

i,

12;

knowingly reproduce any visual depiction for distribution using any means or facility of
interstate or foreign commerce or in or affecting interstate or foreign commerce or
through the mails if the producing of such visual depiction involves the use of a minor
engaging in sexually explicit conduct and such visual depiction is of such conduct, or
attempts or conspires to do so.

For purposes of these statutes, the term “sexually explicit conduct” is defined in Title 18,
United States Code, Section 2256(2)(A) as:

a. “Actual or simulated —

1) Sexual intercourse, including genital-genital, oral-genital, anal-
genital, or oral-anal, whether between persons of the same or opposite sex;

2) Bestiality;

3) Masturbation;

4) Sadistic or masochistic abuse; or

5) Lascivious exhibition of genitals or pubic area of any person.”

BACKGROUND INFORMATION

Usenet is a worldwide distributed discussion system available on computers. Users can
read and post messages (referred to as articles or posts and collectively referred to as
news) on one or more categories (referred to as newsgroups). Usenet is distributed
among a large, constantly changing conglomeration of servers that store and forward
messages to one another in a so-called news feed. Usenet is often considered a hybrid of
email and web forums.

Grablt is a free newsreader program for Windows. It allows users to use Usenet without
downloading headers. Features of Grablt include the ability to quickly select, download,
and decode binary attachments; advanced error checking while downloading; a search
option for groups and articles; and a pause function to free bandwidth.

Based on my training and experience, I know that Grablt is one (of many) means that
individuals utilize to search for and download child pornography.

FACTS SUPPORTING PROBABLE CAUSE

In 2015, FBI agents investigated a website that will be referred to for purposes of this
Affidavit as “Website A”. “Website A” was a bulletin board and website dedicated to the
advertisement and distribution of child pornography and the discussion of matters
pertinent to the sexual abuse of children, including the safety and security of individuals
who sexually exploit children online. Users of this website were required to utilize a user
name and password to access the site. Among numerous other users, one of the
individuals who accessed the site had a user name of “typocity”.

The investigation identified that the “typocity” user accessed material on “Website A” in
February 2015 and March 2015. The investigation further identified that on February 27,


20.

21.

22.

23.

24.

CONCLUSION

Based on the aforementioned factual information, I respectfully submit that there is
probable cause to believe that on or about July 11, 2014, ROBERT PHELPS, in the
Southern District of Ohio, knowingly received any visual depiction using any means or
facility of interstate or foreign commerce that has been mailed, shipped and transported in
or affecting interstate or foreign commerce, by any means including by computer; and the
production of such visual depiction involved the use of a minor engaging in sexually
explicit conduct and the visual depiction is of such conduct, or attempted or conspired to
do so, in violation of Title 18, United States Code, Sections 2252(a)(2) and (b)(1).

I further submit that there is probable cause to believe that on or about June 22, 2015,
ROBERT PHELPS, in the Southern District of Ohio, knowingly received any visual
depiction using any means or facility of interstate or foreign commerce that has been
mailed, shipped and transported in or affecting interstate or foreign commerce, by any
means including by computer; and the production of such visual depiction involved the
use of a minor engaging in sexually explicit conduct and the visual depiction is of such
conduct, or attempted or conspired to do so, in violation of Title 18, United States Code,
Sections 2252(a)(2) and (b)(1).

I further submit that there is probable cause to believe that on or about June 27, 2015,
ROBERT PHELPS, in the Southern District of Ohio, knowingly received any visual
depiction using any means or facility of interstate or foreign commerce that has been
mailed, shipped and transported in or affecting interstate or foreign commerce, by any
means including by computer; and the production of such visual depiction involved the
use of a minor engaging in sexually explicit conduct and the visual depiction is of such
conduct, or attempted or conspired to do so, in violation of Title 18, United States Code,
Sections 2252(a)(2) and (b)(1).

I further submit that there is probable cause to believe that on or about June 30, 2015,
ROBERT PHELPS, in the Southern District of Ohio, knowingly received any visual
depiction using any means or facility of interstate or foreign commerce that has been
mailed, shipped and transported in or affecting interstate or foreign commerce, by any
means including by computer; and the production of such visual depiction involved the
use of a minor engaging in sexually explicit conduct and the visual depiction is of such
conduct, or attempted or conspired to do so, in violation of Title 18, United States Code,
Sections 2252(a)(2) and (b)(1).

I further submit that there is probable cause to believe that on or about July 30, 2015,
ROBERT PHELPS, in the Southern District of Ohio, did knowingly possess at least one
matter which contains any visual depiction that has been mailed, shipped and transported
using any means and facility of interstate or foreign commerce, including by computer;
and the production of such visual depiction involved the use of a minor engaging in
sexually explicit conduct, and such visual depiction was of such conduction, or attempted


b. PHELPS? wife and his two adult sons — Nathan Phelps and Nicholas Phelps —
previously resided at the residence. Nathan Phelps and Nicholas Phelps moved
out of the residence a few years ago. PHELPS’ wife died in 2002.

c. PHELPS identified that Nathan Phelps moved to Arizona a few years ago.
Nathan Phelps had only returned to PHELPS’ residence on one occasion since he
moved, which PHELPS estimated to be approximately one year ago during the
summer of 2014.

d. PHELPS had only one working computer in the residence, which was located in
his bedroom. PHELPS built this computer himself, using hard drives that he
purchased new. PHELPS was the only person who used this computer.

e. PHELPS had two additional computers in the residence that were no longer
operational, one of which was his computer and one of which was his sons’
computer. The computer that was utilized by his sons had been broken for a few
years.

17. Electronic media seized pursuant to the search warrant were submitted to the FBI’s
computer laboratory for analysis. The examiner determined that the custom Antec
desktop computer contained three hard drives. The following was recovered on one of
the three hard drives:

a. More than 6,300 image files and more than 590 video files were recovered from
the hard drive a folder called “Saved Stuff’ and a subfolder called “Camz”, and
further saved and categorized into various additional subfolders. The files were
saved onto the hard drive during the approximate time period of June 2015 to July
2015. These files primarily depicted children and young adults in various states
of undress and/or engaged in sexually explicit conduct. Based on my training and
experience, I believe that more than 2,000 of the image files and more than 110 of
the video files depict child pornography (as defined by Title 18, United States
Code, Section 2256(8)(A)). A small sample of these files are described as
follows:

1) Baby Lexxa Ass.jpg: The file contains a collage of images that
appear to be still images from a video file. The series of still images
depict a nude adult white male and what appears to be a female infant or
young toddler. The baby is wearing a shirt that is pulled up around her
neck and a diaper that is pulled down around her waist. The baby is bent
over in front of the adult male, and the adult male’s penis is inserted into
the child’s buttocks. File property information identified that the file was
saved onto the hard drive on or around June 22, 2015. The file was
recovered from the following file path: [root]/Saved
Stuff/Camz/S131415-1/Post14/Screens/1410. Collection European
girls/Baby Lexxa Ass.jpg.


2015, the “typocity” user accessed a portion of the website containing child pornography
using an Internet Protocol (IP)! ‘address of 71.67.113.128.

13. Using publicly available websites, FBI agents were able to determine that the above
noted IP Address (71.67.113.128) was operated by the Internet Service Provider (“ISP”)
Time Warner Cable. In March 2015, an administrative subpoena/summons was served to
Time Warner Cable requesting information related to the user of this IP address on the
date and approximate time it was used to access “Website A”. According to information
received from Time Warner Cable in response to the subpoena, the IP address was
subscribed to PHELPS at 103 Birch Street, Jackson Center, Ohio, 45334.

14. Records from the Ohio Bureau of Motor Vehicles identified that PHELPS utilized the
address of 103 Birch Street in Jackson Center, Ohio on his current Ohio driver’s license.
This driver’s license was issued on or around July 17, 2015. Records from the Ohio
Bureau of Motor Vehicles also identified that PHELPS utilized the address of 103 Birch
Street in Jackson Center, Ohio when registering four motor vehicles.

Execution of Search Warrant

15. On July 30, 2015, agents and task force officers of the FBI searched PHELPS’ residence
at 103 Birch Street, Jackson Center, Ohio, pursuant to a search warrant authorized by the
United States District Court for the Southern District of Ohio. No individuals were
present when agents and officers arrived to conduct the search. Among other items, the
following were located and seized from the northeast bedroom of the residence:

a. Custom Antec desktop computer
b. Mail addressed to PHELPS and a Time Warner Cable bill for an account in
PHELPS’ name

16. While agents and officers were searching the residence at 103 Birch Street, I (along with
another officer) located and contacted PHELPS at his place of employment in Sidney,
Ohio. PHELPS consented to travel to the Shelby County (Ohio) Sheriff's Office to be
interviewed. However, he terminated the interview after a short period of time. In
summary, PHELPS provided the following information during the brief interview:

a. PHELPS has resided at 103 Birch Street in Jackson Center, Ohio since
approximately 1997. PHELPS was the only individual who has resided at the
residence during the past few years. There were not any individuals who
regularly came over to the residence during this time period.

' “Internet Protocol address” or “IP address” refers to a unique number used by a computer to access the Internet. IP addresses
can be “dynamic,” meaning that the ISP assigns a different unique number to a computer every time it accesses the Internet. IP
addresses might also be “static,” if an ISP assigns a user’s computer a particular IP address which is used each time the computer
accesses the Internet. IP addresses are also used by computer servers, including web servers, to communicate with other
computers.


undress, some of which depicted a lascivious display of the genitalia and/or
sexually explicit conduct. Many of the files had a watermark on the images
containing “LS Models”, “LS Models.com”, “LS Magazine”, or something
similar. Based on my training and experience, I know that a magazine called LS
Magazine and a website called LS Models are known to depict a series of images
and videos of young female models, some of which depict child pornography.

c. Ihave reviewed the video files that were recovered from the various subfolders of
the “Grabit Downloads” and “LS” folders noted above in sub-paragraph (b).
Based on my training and experience, I believe that more than 120 of these video
files depict child pornography (as defined by Title 18, United States Code,
Section 2256(8)(A)). Due to the large number of image files, I am still reviewing
the files to determine how many depict child pornography. One of the video files
depicting child pornography is described as follows:

1) Ism15-01-03.mpg: The file is a video that depicts two pre-
pubescent white female children who are completely nude. The two
children are playing together in a kitchen and speaking to each other in a
non-English language. The camera zooms in on the children’s vaginas at
various times during the video. The video is approximately seven minutes
and one second in duration. File property information identified that the
file was saved onto the hard drive on or around July 11, 2014. The file
was recovered from the following file path: [root]/Saved Stuff/Grabit
Downloads/LS/LS Index Complete/LS Magazine/15/lsm15-01-03.mpg.

d. The Grablt executable program file was saved onto the hard drive. A “Grablt
Downloads” folder was also saved onto the hard drive, indicating that it was a
location where files from the GrabIt program were downloaded.

e. The BCWipe executable file was also saved onto the hard drive. Based on
Internet research, I know that BC Wipe is a file-eraser tool that permanently
deletes and wipes files from hard drives. Based on my training and experience, I
know that individuals involved in child pornography offenses often go through
cycles where they collect child pornography, delete the files, and re-collect. In
my experience, they sometimes use wiping software when deleting the files to
prevent later recovery and/or to ensure the files are not later detected by law
enforcement.

18. As detailed above, the above noted files depicting child pornography were saved onto the
computer’s hard drive from approximately May 2014 to July 2014 and from June 2015 to
July 2015. Also as detailed above, PHELPS identified that he lived at his residence
alone during these time periods.

19. Based on all of the information noted in this Affidavit, I believe that PHELPS used his
custom Antec desktop computer to knowingly possess and receive child pornography.


AO 91 (Rev. 08/09) Criminal Complaint

UNITED STATES DISTRICT COURT Ig vey

for the

Southern District of Ohio

United States of America
ve

ROBERT PHELPS

Defendant(s)

CRIMINAL COMPLA!

CaseNo. ~ °

I, the complainant in this case, state that the following is true to the best of my knowledge and belief.

On or about the date(s) of

July 11, 2014 to July 30, 2015

Southern District of Ohio

Code Section

See Attachment A

This criminal complaint is based on these facts:

See Attached Affidavit

Gj Continued on the attached sheet.

Sworn to before me and signed in my presence.

Date: jI- 7-16 _

City and state:

_ Dayton, Ohio

in the county of Shelby _ in the
, the defendant(s) violated:

Offense Description

Compan vs signature

Andrea R. Kinzig, Special Agent

Printed name and title

aim 2 10 A,

Judge's signaturé i
Sharon L. Ovington, Chief US: Magistrate Judge

Printed name and title



or conspired to do so, in violation of Title 18, United States Code, Section 2252(a)(4) (B)
and (b)(2).
25. I therefore respectfully request that a criminal complaint be granted upon this Affidavit.

Andrea R. Kinzig
Special Agent, FBI

Subscribed and sworn to.before me
This /thth day of November, 2016

4

SHARON L. OVINGTON | *]
Chief United States Magistrate’ Judge

y



2) 046.jpg: The file is an image that depicts a pre-pubescent white
female child who is wearing a light purple shirt and a nude adult white
male. The penis of the adult male is in the child’s mouth. File property
information identified that the file was saved onto the hard drive on or
around June 22, 2015. The file was recovered from the following file
path: [root]/Saved Stuff/Camz/internet download/hanna/046 jpg.

3) pthe 9yo grace stephy - full.wmvy: The file is a video that
depicts a nude pre-pubescent white female child with brown hair and a
nude adult white male, both of whom are on a bed at the beginning of the
video. The child performs oral sex on the adult male’s penis while they
are on the bed. The child then straddles the adult male’s body, and the
adult male has vaginal sexual intercourse with the child. The video then
switches to an outdoor setting, and both the child and adult male are nude.
The child performs oral sex on the adult male’s penis. The video is
approximately one minute and 38 seconds in duration. File property
information identified that the file was saved onto the hard drive on or
around June 22, 2015. The file was recovered from the following file
path: [root]/Saved Stuff/Camz/_pthc_Oyo_grace_stephy_-_full.wmv.

4) LC-7470.jpg: The file is a close-up image of the nude vagina of a
pre-pubescent white female child who is wearing a brown skirt that is
pulled up around her waist. The penis of what appears to be an adult
white male is penetrating the child’s vagina. File property information
identified that the file was saved onto the hard drive on or around June 27,
2015. The file was recovered from the following file path: [root]/Saved
Stuff/Camz/brown skirt/LC-7470.jpg.

5) Yri%20(101).jpg: The file is an image that depicts a pre-
pubescent white female child who is completely nude and sitting on a bed.
The penis of an adult white male is in the child’s mouth, and a pink object
is inserted into the child’s vagina. File property information identified that
the file was saved onto the hard drive on or around June 30, 2015. The
file was recovered from the following file path: [root]/Saved
Stuff/Camz/3fold/3fold/3sister/Y1i%20(101).jpg.

6) Bettykiss_ 19. .jpg: The file is an image that depicts a pre-
pubescent white female child who is completely nude and an adult white
male, both of whom are ona bed. The child is kneeling over the man, and
the man’s penis is in the child’s mouth. File property information
identified that the file was saved onto the hard drive on or around June 30,
2015. The file was recovered from the following file path: [root]/Saved
Stuff/Camz/New folder/bettykiss__19._.jpg.

b. Also recovered from the hard drive were more than 255,000 images and more
than 175 videos that were saved in a folder called “Saved Stuff’, a subfolder
called “Grabit Downloads”, and an additional subfolder called “LS”. The files
were further saved and categorized into various subfolders. The files were saved
onto the hard drive during the approximate time period of May 2014 to July 2014.
The files primarily depicted children and young adults in various states of


AFFIDAVIT IN SUPPORT OF
CRIMINAL COMPLAINT

I, Andrea R. Kinzig, being duly sworn, depose and state as follows:

1.

I am a Special Agent (SA) with the Federal Bureau of Investigation (FBI), and have been
so employed since 2005. I am currently assigned to the Dayton, Ohio Resident Agency
of the Cincinnati Field Office. In connection with my official duties, I investigate
violations of federal criminal laws, including offenses involving child exploitation and
child pornography.

Along with other agents and investigators of the FBI, I am currently involved in an
investigation of child pornography offenses committed by ROBERT PHELPS
(hereinafter referred to as “PHELPS”). Based on the investigation conducted to-date,
there is probable cause to believe that PHELPS possessed and received child
pornography, or attempted or conspired to do so, in violation of Title 18, United States
Code, Sections 2252(a)(4) (B) and (b)(2) and 2252(a)(2) and (b)(1). I submit this
Affidavit in support of a criminal complaint.

As part of the investigation, I have reviewed documentation and reports provided by and
discussed information with other agents and investigators involved in the investigation.
For purposes of this Affidavit, I have not distinguished between information of which I
have direct knowledge and that of which I have hearsay knowledge.

This Affidavit does not contain every fact known to the investigation, but only those
deemed necessary to demonstrate sufficient probable cause that PHELPS committed the
offenses alleged in the complaint.

PERTINENT FEDERAL CRIMINAL STATUTES

Title 18, United States Code, Sections 2252(a)(4)(B) and (b)(2) states that it is a violation
for any person to knowingly possess, or knowingly access with the intent to view, one or
more books, magazines, periodicals, films, video tapes, or other matter which contain any
visual depiction that has been mailed, or has been shipped or transported using any means
or facility of interstate or foreign commerce or in or affecting interstate or foreign
commerce, or which was produced using materials which have been mailed or so shipped
or transported, by any means including by computer if the producing of such visual
depiction involves the use of a minor engaging in sexually explicit conduct and such
visual depiction is of such conduct, or attempts or conspires to do so.

Title 18, United States Code, Section 2252(a)(2) and (b)(1) states that it is a violation for
any person to knowingly receive or distribute any visual depiction using any means or
facility of interstate or foreign commerce or that has been mailed, shipped, or transported
in or affecting interstate or foreign commerce or which contains materials which have
been mailed or so shipped or transported by any means, including by computer, or to


depiction involved the use of a minor engaging in sexually explicit conduct and the visual
depiction is of such conduct, or attempted or conspired to do so.
In violation of 18 U.S.C. § 2252(a)(2) and (b)(1).

COUNT 4
[18 U.S.C. § 2252(a)(2) and (b)(1)]

On or about June 30, 2015, defendant ROBERT PHELPS, in the Southern District of
Ohio, knowingly received any visual depiction using any means or facility of interstate or
foreign commerce that has been mailed, shipped and transported in or affecting interstate or
foreign commerce, by any means including by computer; and the production of such visual
depiction involved the use of a minor engaging in sexually explicit conduct and the visual
depiction is of such conduct, or attempted or conspired to do so.

In violation of 18 U.S.C. § 2252(a)(2) and (b)(1).

COUNT 5
[18 U.S.C. § 2252(a)(4)(B) and (b)(2)]

On or about July 30, 2015, defendant ROBERT PHELPS, in the Southern District of
Ohio, did knowingly possess at least one matter which contains any visual depiction that has
been mailed, shipped and transported using any means and facility of interstate or foreign
commerce, including by computer; and the production of such visual depiction involved the use
of a minor engaging in sexually explicit conduct, and such visual depiction was of such
conduction, or attempted or conspired to do so.

In violation of 18 U.S.C. § 2252(a)(4) (B) and (b)(2).


ATTACHMENT A

COUNT 1
[18 U.S.C. § 2252(a)(2) and (b)(1)]

On or about July 11, 2014, defendant ROBERT PHELPS, in the Southern District of
Ohio, knowingly received any visual depiction using any means or facility of interstate or
foreign commerce that has been mailed, shipped and transported in or affecting interstate or
foreign commerce, by any means including by computer; and the production of such visual
depiction involved the use of a minor engaging in sexually explicit conduct and the visual
depiction is of such conduct, or attempted or conspired to do so.

In violation of 18 U.S.C. § 2252(a)(2) and (b)(1).

COUNT 2
[18 U.S.C. § 2252(a)(2) and (b)(1)]

On or about June 22, 2015, defendant ROBERT PHELPS, in the Southern District of
Ohio, knowingly received any visual depiction using any means or facility of interstate or
foreign commerce that has been mailed, shipped and transported in or affecting interstate or
foreign commerce, by any means including by computer; and the production of such visual
depiction involved the use of a minor engaging in sexually explicit conduct and the visual
depiction is of such conduct, or attempted or conspired to do so.

In violation of 18 U.S.C. § 2252(a)(2) and (b)(1).

COUNT 3
[18 U.S.C. § 2252(a)(2) and (b)(1)]

On or about June 27, 2015, defendant ROBERT PHELPS, in the Southern District of
Ohio, knowingly received any visual depiction using any means or facility of interstate or
foreign commerce that has been mailed, shipped and transported in or affecting interstate or

foreign commerce, by any means including by computer; and the production of such visual