UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DTVISON

IN RE APPLICATION OF THE

UNITED STATES OF AMERICA FOR

AN ORDER PURSUANT TO

l8 u.s.c. $ 2703(d)

john wu88S@yahoo.com

Filed Under Seal

APPLICATION OF THE L]NITED STATES

FOR AN ORDER PURSLINAT TO I8 U.S.C.Q 2703ft).

The United States of America, moving by and through its undersigned counsel,

respectfully submits under seal this ex parte application for an Order pursuant to 18 U.S.C.$

2703(d). The proposed Order would require Oath Holdings Inc, an Intemet Service Provider

located in Sunnlwale, Califomia, to disclose certain records and other information pertaining to

the email account: john_wu888@yahoo.com. The records and other information to be disclosed

are described in Attachment A to the proposed Order. ln support of this application, the United

States asserts:

LEGAL BACKGROI,IND

1. Oath Holdings Inc is a provider ofan electronic communications service, as

defined in l8 U.S.C. $ 2510(15), and./or a remote computing service, as defined in 18 U.S.C. $

21ll(2). Accordingly, the United States may use a court order issued under$ 2703(d) to require

Oath Holdings hc to disclose the items described in Part II of Attachment A. See 18 U.S.C. 6

27 03(c)(2); 1 8 u.s.c. $ 2703(c)(l).

2. This Court hasjurisdiction to issue the proposed Order because it is "a court of

competent jurisdiction," as defined in l8 U.S.C. g 2711. See 18 U.S.C. $ 2703(d). Specifically,

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MISC. NO

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the Court is a district court of the United States that hasjurisdiction over the offense being

investigated. See 18 U.S.C. $ 2711(3XAXi).

3. A court order under $ 2703(d) "shall issue only ifthe govemmental entity offers

specific and articuiable facts showing that there are reasonable grounds to believe that the

contents ofa wire or electronic communication, or the records or other information sought, are

relevant and material to an ongoing criminal investigation." 18 U.S.C. $ 2703(d). Accordingly,

the next section of this application sets forth specific and articulable facts showing that there are

reasonable grounds to believe that the records and other information described in Part II of

Attachment A are relevant and material to an ongoing criminal investigation.

THE RELEVANT FACTS

4. The United States is investigating Qiang Wu aka John Wu for the illegal export of

U.S.-origin electronic goods to entities in China that require a valid export license. The

investigation also concems possible violations of Money Laundering 50 U.S.C. $ 1956, and

conspiracy in violation of i8 U.S.C. $ 371. Qiang Wu owns the Columbus, Ohio-based business

ADV Technology Ltd. Investigation conducted to date has revealed that Qiang Wu may have

been complicit in the illegal exportation ofU.S. goods to China to persons or entities which

would require a valid export license from the U.S. Office of Foreign Assets Control (OFAC), to

include through persons and entities located in the Southem District of Ohio.

5. The investigation relates to the illegal export of U.S. goods to China. This

activity is being conducted, in part, using electronic devices and through the sending and

receiving of email as provided by intemet service providers (ISPs). Investigators believe that

matters relevant to the offenses under investigation have been and continue to be discussed using

email address john wu888@yahoo.com, an email address which is hosted by Oath Holdings Inc.

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7. The facts set forth in the previous section show that there are reasonable grounds

to believe that the records and other information described in Part II of Attachment A are

relevant and material to an ongoing criminal investigation. Specifically, these items will help the

United States to identifiz and locate the individual(s) who are responsible for the events described

above, and to determine the nature and scope oftheir activities.

Oath Holdings Inc is an intemet domain and email hosting provider doing business at 701 First

Avenue, Sunnyvale, Califomia 94089. Investigators believe that the iisted subscriber for this

email address is Qiang Wu, a target of the investigation. For exampie, a WHOIS domain search

was conducted on November 29, 2017, for ADVTECHINTERNATIONAL.COM. The WHOIS

search revealed that the domain had an active registrar registration and that the registrant name

was John Wu. The Registrant Email for this domain was listed as iohn wu888@vahoo.com.

While it is currently unknown whether John Wu utilizes this email address to further conduct the

violations previously identified in this Application, investigators are aware that John Wu has

used other email addresses to conduct this activity in the past. ln addition, it is common practice

for persons who use email to conduct activities such as these to copy/forward emails from one

account to another, making it reasonable to conclude that John Wu has done the same in this

instance. This activity is part of an ongoing conspiracy.

6. The conduct being investigated involves use ofthe email account(s) described in

Part I, Attachment A. To further the investigation, investigators need to obtain the account

information associated with the email address iohn wu888@yahoo.com, more fully described in

Part II, Attachment A.

REOUEST FOR ORDER

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Accordingly, the United States requests that Oath Holdings Inc be directed to produce all items

described in Part II of Attachment A to the proposed Order.

8. The United States further requests that the Order require Oath Holdings Inc not to

notify any person, including the subscribers or customers ofthe account(s) listed in Part I of

Attachment A, of the existence of the Order for one year from the date ofthe filing of the Order.

See l8 U.S.C. $ 2705(b). This Court has authority under 18 U.S.C. $ 2705(b) to issue "an order

commanding a provider of electronic communications service or remote computing service to

whom a warrant, subpoena, or court order is directed, for such period as the court deems

appropriate, not to notify any other person of the existence ofthe wanant, subpoena, or court

order." Id. In this case, such an order would be appropriate because the requested Order relates to

an ongoing criminal investigation that is neither public nor known to all of the targets of the

investigation, and its disclosure may alert the targets to the ongoing investigation. Accordingly,

there is reason to believe that notification ofthe existence ofthe requested Order will seriously

jeopardize the investigation, including by giving targets an opportunity to flee or continue flight

from prosecution, destroy or tamper with evidence, change pattems ofbehavior, or notify

confederates. See l8 U.S.C. g 2705(b)12). (3), (5). Some of the evidence in rhis investigation is

stored electronically. Ifalerted to the investigation, the subjects under investigation could destroy

that evidence, including information saved to their personal computers.

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9. The United States further requests that the Court order that this application and

any resulting order be sealed until further order of the Court. As explained above, these

documents discuss an ongoing criminal investigation that is neither public nor known to all of

the targets ofthe investigation. Accordingly, there is good cause to seal these documents because

their premature disclosure may seriously jeopardize that investigation.

Executed on March 13, 2018.

Respectfully submitted,

BENJAMIN C. GLASSMAN

United States Attomey

0073s24)

Assistant United

303 Marconi Boulevard, Suite 200

Columbus, Ohio 43215

Phone: (614) 623-0260

Fax: (614) 469-5653

Douglas. Squires@usdoj. gov

s--

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