EXHIBIT D

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 1 of 51
AO 106 (Rev. 04/10) Application fora Saud Warrant

for the

Eastern District of California

In the Matter of the Search of

Information associated with email accounts identified )

in Attachment A that is stored at premises controlled by )

the California Attorney General's Office

►RIGINAL FILED

APR 18 2017

et

EALERWAstracjauoRRTta A

Case No.

e17 -sky-() 2 7 5 AC

APPLICATION FOR A SEARCH WARRANT

I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under

penalty of perjury that I have reason to believe that on the following person or property (Identifi, the person or describe the

property to be searched and give its location):

SEE ATTACHMENT A, attached hereto and incorporated by reference.

located in the Eastern District of California , there is now concealed fid.cit6 the

person or describe the property to be seized):

SEE ATTACHMENT B, attached hereto and incorporated by reference

The basis for the search under Fed. R. Crim. P. 41(c) is (check one or more):

O evidence of a crime;

O contraband, fruits of crime, or other items illegally possessed;

O property designed for use, intended for use, or used in committing a crime;

O a person to be arrested or a person who is unlawfully restrained.

The search is related to a violation of:

Code Section

18 U.S.C. § 1952(a)

18 U.S.C. § 1956(h)

18 U.S.C. § 1956(a)(1)(AXI)

Offense Description

Interstate and foreign travel or transportation in aid of racketeering enterprises

Conspiracy to launder monetary instruments

Laundering of monetary instruments

The application is based on these facts:

SEE AFFIDAVIT, attached hereto and incorporated by reference.

O Continued on the attached sheet.

O Delayed notice days (give exact ending date if more than 30

under 18 U.S.C. § 3103a, the basis of which is set forth on the attached sheet.

Sworn to before me and signed in my presence.

Date: v./ 7

City and state: Sacramento, California

) is requested

piicant's signdlive

Amy L. Fryberger, Special Agent, FBI

Printed name and title

Judge's signature

Allison Claire, U.S. Magistrate Judge

Printed name and title

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 2 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

'21

22

23

24

25

26

27

28

PHILLIP A. TALBERT

United States Attorney

NIRAV IC DESAI

Assistant United States Attorney

501 I Street, Suite 10-100

Sacramento, CA 95814

Telephone: (916) 554-2700

Facsunile: (916) 554-2900

Attorneys for Plaintiff

United States of America

ORIGINAL

IN 

1

C

AEEDACOL

APR 18 207

AS gbv9

tRD 

OCAuFUORR M A

BY

SEALE_

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

IN THE MATTER OF THE APPLICATION

OF THE UNITED STATES OF AMERICA

TO SEARCH INFORMATION ASSOCIATED

WITH EMAIL ACCOUNTS IDENTIFIED IN

ATTACHMENT A THAT IS STORED AT

PREMISES CONTROLLED BY THE

CALIFORNIA ATTORNEY GENERAL'S

OFFICE

CASE NO.

t 1 - SW - 0 2 7 5 AC

trklitt7POSISI,TORDER RE: REQUEST TO SEAL

DOCUMENTS

UNDERSEAL

SEALINGORDER

Upon application of the United States of America and good cause having been shown,

IT IS HEREBY ORDERED that the search warrant and search warrant affidavit underlying the

search warrant in the above-entitled proceeding shall be filed under seal and shall not be disclosed to

any person, unless otherwise ordered by this Court.

Dated: ff/ 7

SRAL1NG ORDER 1

411 44•---

Hon. Allison Claire

U.S. MAGISTRATE JUDGE

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 3 of 51
1

2

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IN THE MAI IBA OF THE SEARCH OF:

INFORMATION ASSOCIATED WITH

EMAIL ACCOUNTS DESCRIBED IN

ATTACHMENT A

ALL STORED AT:

CALIFORNIA ATTORNEY GENERAL'S OFFICE

1300 I STREET

SACRAMENTO, CALIFORNIA 95814

AFFIDAVITINSUPPORTOFAPPLICATIONFORSEARCHWARRANT

I, Amy L. Fryberger, being duly sworn, depose and state as follows:

INTRODUCTION

Iam a Special Agent with the Federal Bureau of Investigation ("FBr),

currently assigned to the FBI Field Office in Phoenix, Arizona. I have been employed by

the FBI as a Special Agent for eight and a half years. As part of my responsibilities, I am

charged with investigating violations of statutes applying to human trafficking. I have

collaborated with other squads that specialize in money laundering investigations as well

as with the Internal Revenue Service ("IRS"). Prior to working human trafficking cases,

I was assigned to work national security, gang; and drug investigations.

2. I make this affidavit in support of an application for a search warrant for

content and records associated with the email accounts described in Attachment A, which

are stored at the California Attorney General's Office, 1300 I Street, Sacramento,

California, 95814.

3. I have probable cause to believe that evidence of violations of 18 U.S.C.

§§ 1952(a), 1956(a)(1)(A)(i), and 1956(h), are located in and within the email accounts

described in Attachment A, which is attached hereto and incorporated by reference. I

have reason to believe that the aforementioned email accounts that are the subject of the

instant application will contain evidence that the "adult" advertisements Backpage.com

("Backpage") and its officers chooses to accept and publish are actually for illegal

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 4 of 51
1

2'

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

services. Thus, as outlined below, and based on my training and experience, there is

probable cause to believe that evidence, fruits and/or instrumentalities of the

aforementioned crimes; as further described in Attachment B, which is attached hereto

and incorporated by reference, are located in the accounts.

4. I am familiar with the information contained in this Affidavit based upon

the investigation I have conducted, along with my conversations with law enforcement

officers and others and review of reports, grand jury transcripts, agent notes, and database

records, along with other public documents. This Affidavit is submitted for the limited

purpose of securing a search and seizure warrant. It does not include each and every fact

known to me or the government about the investigation. I have set forth only those facts

that I believe are necessary to establish probable cause.

STATUTORYAUTHORITY

5. The "Travel Act," pursuant to 18 U.S.C. § 1952(a), prohibits, in part, the

use of the mail or any facility in interstate or foreign commerce with the intent to

otherwise promote, manage, establish, carry on, or facilitate the promotion, management,

establishment, or carrying on of any unlawful activity, and thereafter performs or

attempts to perform an act to promote, manage, establish, carry on, or facilitate the

promotion, management, establishment and carrying on of such unlawful activity.

6. "Unlawful activity," as defined in 18 U.S.C. § 1952(b), includes

prostitution offenses in violation of the laws of the State in which they are committed or -

of the United States. Prostitution is illegal in the State of California. (See, e.g., Cal.

Penal Code § 647(b).)

7. Sex trafficking of juveniles, or any person by means of force, fraud or

coercion, is a violation of 18 U.S.C. § 1591.

8. Title 18, United States Code, Section 1956(h) prohibits a conspiracy to

commit money laundering, and the prosecution is obliged to establish that: (1) an

agreement to commit money laundering existed between one or more persons; (2) the

-2 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 5 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

defendant knew that the money laundering proceeds had been derived from an illegal

activity; and (3) the defendant knowingly and voluntarily became part of the conspiracy.

9. Title 18, United States Code, Section § 1956(a)(1)(A)(i) prohibits what the -

case law calls "Promotional Money Laundering." Specifically, Section 1956(a) prohibits

the following: (a)(1) "Whoever, knowing that the property involved in a financial

transaction represents the proceeds of some form of unlawful activity, conducts or

attempts to conduct such a financial transaction which in fact involves the proceeds of

specified unlawful activity — (A)(i) with the intent to promote the carrying on of specified

unlawful activity." "Financial transaction" is defined under 18 U.S.C. § 1956(a)(1) as

follows: "a financial transaction shall be considered to be one involving the proceeds of

specified unlawful activity if it is part of a set of parallel or dependent transactions, any

one of which involves the proceeds of specified unlawful activity, and all of which are

part of a single plan or arrangement."

10. The investigation shows that many, if not most, of the paid advertisements

on the Backpage website are for prostitution activities in violation of 18 U.S.C.

§ 1952. Furthermore, the investigation indicates that many, if not most, of the individuals

advertising those services have no other legitimate source of income, and, accordingly,

that much, if not most, of the money used to pay for those advertisements is derived from

illegal prostitution activity in violation of 18 U.S.C. § 1952.

11. The investigation also shows there is probable cause that James Larkin and

Michael Lacey are the true beneficial owners of Backpage, and that Carl Ferrer, Larkin,

Lacey, Andrew Padilla, Adam Padilla, Joye Vaught, and other officers and employees of

Backpage know that much, if not most, of the money Backpage receives for suchpaid

advertisements represents proceeds from illegal activities. Similarly, the investigation

shows that the monies paid for the advertisements are used to facilitate illegal prostitution

and to perpetuate Backpage's business by, among other things, paying moderation

employees to sanitize the submission of advertisements, maintaining the servers used to '

-3-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 6 of 51
2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

promote Backpage's Adult internet site, paying managers and other employees,

maintaining a headquarters, and paying the owners of the website. In sum, as detailed

below, there is pthbable cause that Larkin, Lacey, Andrew Padilla, Adam Padilla,

Vaught, and other officers and employees of Backpage are engaging in promotional

money laundering and conspiracy to commit promotional money laundering.

PROSTITUTION ANDSEXTRAFFICKINGONTHEINTERNET

12. Based on my training and experience, I know that the internet has

transformed the commercial sex trade.

13. Prior to the rise of the hamlet, commercial sex took place on the streets, at

casinos, truck stops, and other physical locations.

14. With the Internet, individuals involved in advertising commercial sex now

post advertisements online on various websites, including classified ad websites. Such

online sites facilitate the commercial sex trade by providing an easily accessible forum

that matches buyers of sex with the individuals providing sex acts for a fee. The

individuals providing sex acts for a fee include minor and adult victims of sex trafficking

and adult individuals voluntarily engaging in prostitution.

UNDERLYINGINVESTIGATIONINTOBACKPAGE.COM

15. Backpage is a company that provides online classified advertising at the

website www.Backpage.com. Backpage can be accessed throughout the United States

and in foreign countries. It was created around 2004.

16. Backpage has offices and employees in Phoenix, Arizona, and Dallas,

Texas. Carl Ferrer is the CEO of Backpage, and remains active within Backpage to this

day.

. 17. Beginning in 2004, Backpage was owned by a parent company called New

Times Media ("NTM"), later called Village Voice Media ("VVM"). In September 2012,

Lacey and Larkin decided to sell other holdings within VVM and retain ownership of

Backpage.

4-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 7 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

. 18. Backpage allows users to post classified ads under numerous categories

including, among others, automotive, buy/sell/trade, jobs, real estate for sale, rentals, and

adult entertainment. The ads are categorized by location, allowing a user to decide the.

city and country to post ads in or to browse. Numerous cities throughout the United

States are provided, along with cities in foreign countries.

19. The adult entertainment section is broken up into different categories,

including "adult jobs," "body rubs," "dorlination & fetish," "escorts," "male escorts,"

"phone & websites," "strippers/strip chibs," and "transsexual escorts."

20, Backpage had an adult section offering "services" and "body nibs" starting

in 2004. Backpage had an "escorts" section starting as early as 2006.

21. Beginning in 2010, Backpage began mating large profits per year for ads

posted in the Escorts section of the site after its competitor, Craigslist, shut down its own

adult services section. Craigslist was an online classified ad site similar to Backpage.

Craigslist faced public pressure from numerous state attorneys general to shut down its

adult services section because it was commonly linked to sex trafficking and prostitution.

Once Craigslist shut down its adult services section, Backpage began to See a spike in the

escort ads posted on its site, along with a spike in profits. In 2011 alone, Backpage began

making more than $30 million a year.

22. In January 2017, Backpage closed its adult advertising section in the United

States, asserting years of government pressure left it no choice but to shutter its most*

popular and lucrative feature. The decision came shortly after a U.S. Senate panel

released a report alleging Backpage concealed criminal activity by removing words from

ads that would have exposed child sex trafficking and prostitution.

LAWENFORCEMENTINVESTIGATIONINVOLVING

SEXTRAyFICIaNGANDIROSTMITION

23. Ads posted within the escort section of Backpage are routinely tied to sex

trafficking and prostitution crimes. For the past seven years, law enforcement at the

-5 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 8 of 51
2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

local, state, and federal level have repeatedly investigated and charged pimps and other

individuals in connection with adult and child sex trafficking on Backpage. Within the

FBI Phoenix field office alone, numerous defendants have been charged and convicted of

sex trafficking and other prostitution offenses involving Backpage.

24. The charging and prosecution of pimps and other traffickers who utilize

Backpage are largely publicized. A review of the FBI's website alone reveals over 200

press releases specifically mentioning Backpage in connection with individuals charged

and/or convicted of sex trafficking and other prostitution related offenses.

25. Over the past several years, law enforcement has been involved in

operations targeting the customers of commercial sex on Backpage ("Johns"). Law

enforcement has posted numerous undercover ads in the escort section as thinly veiled

advertisements for prostitution. Hundreds of Johns have been arrested in the process.

26. Operations targeting Johns on Backpage have also been widely publicized.

For example, in "Operation Flush the Johns," law enforcement in Nassau County, New

York, posted undercover prostitution advertisements on Backpage from April 18, 2013,

to May 24, 2013. The ads included a fictitious woman known as "Amber," age "27," in

scantily clad photographs claiming to be "the girl next door," who is "420 friendly"

(slang for marijuana use), and "very open minded." After reviewing the ads, the

customers arranged to meet the fictitious individuals advertised. Each meeting was

captured on hidden cameras where Johns agreed to pay undercover female agents

between $50 and $100 for sex acts. As a result of the operation, 104 Johns were arrested.

(See http://www.nydailynews.cominew-york/104-j ohns-nabbed-nass au-county-pay-sexarticle-1.1361717).

27. A similar operation was conducted throughout the country in 2014, in an

operation dubbed "National Day of Johns Arresti." Undercover escort ads were posted

on sites including Backpage, resulting in the arrests of 496 Johns. The operation

involved law enforcement in Arizona, Colorado, Illinois, Massachusetts, Minnesota,

-6 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 9 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Nevada, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Virginia,

and Washington. (See http://www.cookcountysheriff.com/press_page/press_

NationalSex Traffickng Sting2014 08_06 2014.html)

CALIFORNIADEPARTMENTOFJUSTICE

UNDERCOVERINIVESTIGNITONINTOBACKPAGE.COM

28. I am aware of an undercover operation conducted in California targeting

Backpage's facilitation of prostitution by posting ads. In March 2015, California

Department of Justice ("California DOJ") Special Agent ("SA") Tera Mackey and SA

Brian Fichtner began an undercover investigation into Backpage.com. SA Mackey was

assigned to the California DOJ Sexual Predator Apprehension Team in 2001. Her duties

included the investigation of the sexual exploitation of children, which often involves the

use of the internet. SA Mackey is currently assigned to the California DOI eCrime Unit,

where she engages in investigative work for crimes committed on the internet SA Brian

Fichtner has been a member of the eCrime unit and has received extensive training on

computer related crimes since 2012. Prior to being assigned to the eCrime unit, he was

with the Bureau of Narcotic Enforcement for twelve years.

29. On March 6, 2015, SA Fichtner posted two fictitious undercover ads in the

Sacramento region of Backpage. One ad offered adult companionship for money in the

Escort Section and the other ads listed a sofa for sale in the "Buy, Sell, Trade" section. In

both ads, SA Fichtner used the same account information — a state funded credit card to

pay Backpage.com to post the ad, an undercover cell phone number, and the email

address katiecattl9®gmail.com.

30. To post the Escort ad, SA Fichtner went to the Backpage homepage. The

first page displayed eleven (11) sections with sub-categories; for instance, the "Adult"

section contains the "Escort" sub-category and users can click directly on the Escort

category from the homepage. At the top of the page, there was a "Post Ad" link. He

clicked on this link and it displayed a page that listed eleven (11) sections similar to the

-7 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 10 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

homepage. He clicked on the category of "Escorts" and a page was displayed with

"Posting Rifles." After clicking a button at the bottom of the page, he continued the

posting process:

31. The next page displayed a blank template for entering the title, description,

age, location, email address, and photos or videos for the ad. Backpage listed a fee of

$10 for the Escort category. Toward the bottom of the page, upgrades to the ad were

offered for additional fees. Upgrades included automatically reposting the ad to the top

of the page or highlighting the ad with a "thumbnail." Users could pay anywhere from

$40 to repost an ad several times a day, to $960 to repost an ad 104 times a day.

32. To drift the fictitious ads, SA Fichtner used Backpage ads reviewed during

the investigation as templates. He included a photograph of a woman dressed in lingerie

who described herself as "clean, safe, and 100% independent" and offered to make users'

"dreams come true," mentioning an hourly rate of $175. Once the template was

completed, he clicked on the "Continue" button at the bottom of the page; next to the

"Continue" button was the statement, "By placing this ad I agree to the terms of use and

privacy policy." He then clicked on the linked terms and policy.

33. SA Fichiner continued to the next page of the process where he displayed a

preview of his advertisement and listed the cost of $111.20 to post the ad; he paid to autorepost eight (8) times and $21.20 for a Sponsored ad thumbnail on the side banner. At

about 8:52 am, he clicked on the "Post Ad Now" button and was forwarded to the

payment page requesting payment by credit card or Bitcoin. He paid with a credit card

utilizing state provided funds. Below the "Submit" payment button, there was a message

stating, "The charge will appear on your statement as: BP NATIONAL, Payment

Solutions BV., Stawinskylaam 601, 1077XX, Amsterdam, Netherlands." After clicking

on the "Submit" button, he received a "Thank you" message. •

34. Immediately after posting the ad, an email was sent on behalf of

sacraraento.backpage.cora to the email address SA Fichtner provided when posting the

- 8 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 11 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19.

20

21

22

23

24

25

26

27

28

ad. The email thanked SA Fichtner for posting the ad and explained that the ad was

"Pending" and "will be released soon." The email noted the posting date, the expiration

date, and the cost of the ad. The ad was posted on Backpage at about 9:00 am.

35. SA Fichtner went through a similar process to post the non-Adult ad — a

couch for sale in the "Buy, Sell, Trade" section on Backpage.com; there was no

minimum fee required for the non-Adult ad, but he paid $122 to promote the ad via a

Sponsored side banner thumbnail, as well as 26 auto-reposts.

36. SA Mackey was assigned to monitor and document all calls and texts sent

to the undercover cell phone used in the ads.

37. Within minutes of the Escort Ad going live, SA Mackey began receiving

calls and texts. Between the 6th and 16th of March 2015, SA Mackey received

approximately 197 text messages and 134 phone calls inquiring about the Escort Ad. SA

Mackey received one text message inquiring as to the availability of the couch.

38. While working in her undercover capacity, SA Mackey communicated with

several of the potential customers tied to the escort ad, sending and receiving a total of

747 text messages. Many potential customers used terms in their messages and phone

calls commonly seen in the commercial sex context. Based on my training and

experience, along with the training and experience of SA Mackey and SA Fichtner, the

terms used by the customers' in their messages was understood as follows:

a. Incalls and/or Outcalls: An "incall" is where the customer comes to the

"escort's" location and an "outcall" is where the escort goes to the

customer's location. Many users asked SA Mackey about her

incall/outcall policy.

b. Donation: "Donation" in the "escort" context means the fee an escort

would charge for sex acts; in researching commercial sex cases,

particularly those on Bacicpage.com, both prostitutes and customers

seem to believe that by saying "donation" rather than fee, they are

protected from possible criminal charges.

c. BBBJ: "Bare Back Blow Job" — Fellatio without a condom.

d. FS: "Full Services" — Sexual intercourse to completion

-9 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 12 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

2.7

28

e. GFE: "Girlfriend Experience" — a session that is more like lovemaking

with a girlfriend than a commercial service.

f. Greek: anal sexual intercourse

39. Of the 747 text messages that were sent and received, SA Mackey received

one video, via text message, of an adult male having intercourse with a "blow up doll"

and photographs of two potential customers' faces.

40. Based on the number of phone calls and text messages, I infer that a large

number of individuals viewed the ad posted as a prostitution ad. Because numerous

individuals viewed the ads as prostitution ads, there is probable cause to believe that

Backpage knows that these types of ads are indeed for prostitution.

41. On March 16, 2015, SA Fichtner called Backpage to notify them of the

prostitution related ad. SA Fichtner called Elizabeth McDougall, an attorney for

Backpage, and left a voicemail with her identifying himself as an agent with the

California DOJ, and explaining that he wanted Backpage to remove a known prostitution

ad in the Escort section. SA Fichtner left his cell phone number.

42. On March 16, 2015, SA Fichtner also called Carl Ferrer, the CEO of

Backpage. SA Fichtner reached Carl Ferrer and identified himself and asked him about

removing a known prostitution ad. Carl Ferrer initially told him to report the ad by email

to abuse@backpage.com, but then asked for the ad's details. SA Fichtner provided the

Post ID for the ad. Ferrer seemed to be looking up the ad on a computer stating, "the

other ads from this user don't appear to be illegal." Ferrer was able to link the Escort ad

to the non-Adult couch ad. Ferrer said that he would personally report the prostitution ad

and "lock it out." The ad was in fact removed by Backpage thereafter.

43. Carl Ferrer also communicated with agents Fichtner and Mackey via the

email account carl.ferrer@backpage.com regarding requests to preserve various

Backpage ads agents believed to be indicative of prostitution.

44. On March 17, 2015, Elizabeth McDougall, an attorney for Backpage, called

SA Fichtner. SA Fichtner told her he had spoken with Carl Ferrer and that he had

- 10

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 13 of 51
2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

removed the ad. McDougall asked how SA Fichtner knew the ad was for prostitution.

SA Fichtner said he could not provide details of his investigation. SA Fichtner

, mentioned that he had seen numerous other ads on Backpage that seemed to be for

prostitution and asked why they were not being removed. McDougall said that Backpage

does not restrict a users' First Amendment right to post ads. She said Backpage has a

filtering process in place to prevent the posting of illegal ads. McDOugall explained

Backpage' s four step filtering process. First, ads are screened by a computer program

that looks for flagged terms. If the ad passes the computer screening, it is then screened

twice by a human moderator — once before it gets posted and again after it is posted. The

final level of filtering comes from the public, who can report an ad directly to Backpage

via a link on the site.

45. SA Fichtner said he noticed several photos in the Escort section showing

breasts and genitalia. SA Fichtner asked McDougall if there are restrictions on the types

of photos that can be posted. McDougall said photos of that nature are not allowed and

should not make it through the filtering process. She said if those types of photos are

making it through the filtering process, then Backpage would need to identify the

moderator who screened the ad and correct the problem.

46. SA Fichtner asked McDougall to explain why the Escort section charged a

significantly higher fee than any other section on the website. She said the higher cost to

post adult escort ads was a recommendation that had been made to Craigslist.com by the

Attorney General to deter criminals from posting illegal ads, and that Backpage followed

suit. McDougall stated that Backpage works closely with law enforcement

47. SA Fichtner reiterated that many Backpage ads appear to be blatant

prostitution ads. McDougall did not dissuade him from this impression, and returned to

her point about the First Amendment. She said that the internet and prostitution were not

going away and if Backpage were to restrict postings of Adult services on their website, it

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 14 of 51
2

3

4

5

6

7

8

9

10

ll

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

would only drive the industry underground, making it more difficult for law enforcement

to investigate.

48. Through its investigation, the California DOJ Special Agents learned that

the email accounts described in Attachment A, among others, were used by

Backpage.com officers and employees to conduct its business. California DOD's

investigation revealed the above email accounts were being stored on Google's servers.

Beginning in July 2015, California DOJ obtained search warrants for the accounts listed

in Attachment A, among others, in the California Superior Court in Placer County.

California DOJ obtained search warrant returns for the email accounts from Google.

49. As part of its investigation, California DOJ reviewed an email sent from

Mariel Lubeck to Jim.Larkin@villagevoicemedia.com, and

Michael.Lacey@villagevoicemedia_corn. The email's subject read "Conference call this -

week Confidential." From California DOJ's review of Ferrer's emails, as well as

corporate records, it learned that Ferrer regularly reports to an apparent Board of

Directors. For example, in January 2014, Ferrer sent an email to members of the board,

including Larkin, about an upcoming meeting they all appeared to be attending. Ferrer

attached a file named "Agendas jan 2014 PI-DCBD," which California DOJ believed

meant Phoenix Board. Among other items, the agenda stated that some payment

processors were "out because of pot and guns," which I believe refers to the "Sporting

Equipment" and "Farm" sections on Backpage.com that often feature pot and guns for

sale. The agenda also mentioned improving the "UX" or user experience by removing

"state and name from credit card form," and stopping "pre-pub moderation in. CA." The

agenda also stated that to "compete with free you have to be easier and more

anonymous," and mentioned allowing "users to post without an email address" and only

storing an IP address. This evidence supports my belief that Ferrer and Backpage staff

know that Backpage is used for commercial sex and that Ferrer and Backpage

intentionally furthers that criminal activity by helping users remain anonymous.

- 12 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 15 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

California DOJ's investigation also revealed that starting in 2010, Lacey and Larkin used

their VVM email addresses (Jim.Larkin(villagevoicemedia.com, and

Michael.Lacey@villagevoicemedia.com) to communicate with the National Center for

Missing and Exploited Children about measures Backpage could adopt to curb child sex

trafficking on its site.

50. Califomiz DOJ's investigation also found additional email addresses Ferrer

used to communicate regarding Backpage's business. For instance, in April 2015, Ferrer

forwarded an email from his Backpage account to his ferrer.carl@gmail.cora Gmail

account about "detective work" he and his staff had been doing on a "hitlist" [sic] of

competing sites.

RAMPAGEHAaKNPWLEDGEOFTHEILLEGALACTIVITY

OCCURRINGINITSESCORTSECTION

A. LAWSUITS

51. Many groups and individuals have discussed with Backpage the

prostitution activity occurring on its Escort section on multiple occasions. By letter dated

September 21, 2010, twenty-one state Attorneys General informed the then-lawyer for

Backpage of the following: "We believe that ads for prostitution, including ads

trafficking children, are rampant on the site and that the volume of ads will grow in light

of Craigslist's recent decision to eliminate the adult services section of the website."

Backpage continued to provide its "Escort" section to the general public. By letter dated •

August 31, 2011, forty-five state Attorneys General sent a letter to Backpage's then

counsel discussing various cases the offices were prosecuting where children were

trafficked on Backpage. (See http://attomeygeneral.tn.govicases/backpage/

backpageletter.pdf; see also Craig GJ transcript). Despite repeated warnings about

facilitating prostitution, Backpage still continued to provide its "Escort" section to the

public.

- 13 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 16 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

52. While continuing to run its "Escort" section, Backpage has been served

with civil complaints providing it additional notice of serious allegations involving sex

trafficking. For example, in 2010 Backpage was sued in M.A. ex. ref. P.K v. VilL Voice

Media Holdings, LLC and Backpage, 809 F. Supp. 2d 1041 (E.D. Mo. 2011): According

to the court papers, a juvenile of sex trafficking sued Backpage for her victimization after

ads were posted of her on Backpage. Specifically, from 2009 to 2010, Plaintiff M.A., a

14-year-old, was being sexually trafficked by Latasha Jewell McFarland, an adult, who

pled guilty in a separate criminal case to using a facility in interstate commerce to

promote prostitution pursuant to 18 U.S.C. § I952(a)(3). Defendant McFarland, while in

open court, admitted to photographing MA., displaying her private body parts in sexual

pornographic poses, and posting the child pornography on Backpage as advertisements

seeking payment for sex. McFarland further admitted to paying Backpage for these

postings, and transporting M.A. for the purposes of multiple sexual liaisons for money

with adult male customers obtained through Backpage's website. Id. at 1041-42.

53. In seeking to bold Backpage liable, the lawsuit against Backpage alleged

the following:

* In 2009 and 2010, [Backpage] posted many advertisements which

included explicit nude photographs of Plaintiff, MA., a minor, advertising

her services as an escort for sex on backpage.com and received fees for

each posting. .

* [Backpage] bad knowledge that: explicit sexual pornographic

photographs were being posted on its website; that postings on their

website were advertisements for prostitution; that numerous minors were

included in these postings for prostitution on its website; that sex

trafficking of minors is prolific in the United States of America; that the

interact, including their website, was used for advertisements for illegal

sexual contact with minors; that on numerous prior occasions [Backpage

was] made aware of minors being trafficked on their website; that

according to [Backpage], on five prior occasions [Backpage] responded to

subpoenas involving the trafficking of minors on backpage.com and this

does not include other cases involving minors of which [Backpage is]

aware wherein [Backpage] cooperated with authorities without subpoenas.

*By posting explicit nude photographs of Plaintiff, M.A., a minor, in an

- 14 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 17 of 51
I

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

advertisement which advertised her services as an escort for sex on

backpage.com, [Backpage] facilitated child sex trafficking and aided and

abetted McFarland in violating each criminal statute and United States

Treaty Optional Protocol herein alleged, in that: [Backpage] had a strong

suspicion that the aforementioned crimes were being committed yet was so

indifferent that [it] failed to investigate for fear of what it would learn;

[Backpage] had a desire that these posters accomplished their nefarious

illegal prostitution activities so that the posters would return to the website

and pay for more posting; and [Backpage] continued to maintain their

website so as to participate in these illegal transactions....

Id. at 1045.

54. Backpage, through its lawyers, moved to dismiss the lawsuit and argued

immunity under the Communications Decency Act, 47 U.S.C. § 230. After reviewing the

allegations and the Communications Decency Act ("CDA"), which serves as a bar for

many civil lawsuits and state criminal prosecutions against internet-related entities, the

district court dismissed the lawsuit. Id. at 1058.

55. In October, 2014, Back-page was again sued by child sex trafficking victims

in Doe ex rel. Roe v. Backpage.com, LLC, 104 F. Supp. 3d 149, 149-65 (D. Mass. 2015).

According to that lawsuit, Jane Doe No. 1, Jane Doe No. 2, and Jane Doe No. 3 were

juvenile victims of sex trafficking advertised repeatedly on Backpage. Jane Doe No. 1

was first trafficked by pimps on Backpage in February of 2012, when she was 15 years

old. She was again sold on Backpage in March of 2013. Between June of 2013 and

September 10, 2013, her "services" were advertised on Backpage each and every day. As

aresult of the ads, she engaged in 10 to 12 sex transactions daily with adult men in

Massachusetts and Rhode Island. Her pimp moved her from town to town every two -

days to avoid detection. Jane Doe No. 1 appeared in some 300 ads on Backpage and was

raped over 1,000 times. Id. at 153.

56. Backpage listed each ad featuring Jane Doe No. 1 as an offer of "escort"

services, a common euphemism for prostitution. According to the district court, the Jane

Doe No. 1 ads included known signifiers for child prostitution such as "young," "girl,"

- 15-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 18 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

"fresh," "tiny," "roses," and "party." Jane Doe No. l's pimp Provided a prepaid mobile

phone and a prepaid credit card to conceal Jane Doe No. 1's identity when Jane Doe No.

1 placed ads on Backpage at the direction of her pimp. When Jane Doe No. 1 attempted

to enter her true age (which was under 18) during the purchase of an ad, Backpage would

instruct her to enter her age as 18 or older. Photographs of Jane Doe No. 1 (with her

facial features obscured, but at least on one occasion displaying a unique tattoo)

accompanied all of her ads. Id. at 153. .

57. Jane Doe No. 2 was trafficked on Backpage by her pimp during various

periods between 2010 and 2012 at different locations in Massachusetts. She was first

advertised on Backpage when she was 15 years old. Ads featuring Jane Doe No. 2 were

posted either by her pimp or an older woman who worked with him (his "bottom"). The

ads would appear on Backpage an average of six times per day. Jane Doe No. 2 was

given a prepaid mobile phone to answer calls from would-be customers generated by the

Backpage ads. As a result of the ads, she was coerced into 5-15 sex transactions every

day. Like the ads of Jane Doe No. 1, those of Jane Doe No. 2 featured her photograph.

The ads were placed using a prepaid credit card. Altogether, Jane Doe No. 2 was raped

over 900 times while being trafficked by her pimp. Id. at 153.

58. Jane Doe No. 3 was trafficked on Backpage in December of 2013 by her

pimp and one or more of his associates. The Backpage solicitations for the underage Jane

Doe No. 3 described her as "new," "sweet," and "playful." As with the other Jane Does,

the ads were paid for with a prepaid credit card. Jane Doe No. 3 was also given a mobile

phone to take calls and texts from customers. She was taken to a hotel in Foxborough,

Massachusetts, where she was raped by men who responded to the ads. Photos of Jane

Doe No. 3, including one that she had taken of herself, appeared with the ads on

Backpage. Id. at 153.

59. Backpage, through its lawyers, again moved to dismiss the civil complaint

pursuant to the CDA. The district court granted the motion to dismiss.

- 16-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 19 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

60. In 2012, Backpage was sued by three additional juvenile victims of sex

trafficking in J.S. v. Village Voice Media Holdings, LLC, d/b/a Backpage.com LLC, 359

P.3d 714 (Wash. S. Ct. 2015), after their advertisements were placed on Backpage and

they were raped by adult customers who responded to the advertisements. According to

the Second Amended Complaint, in 2010 "J.S.," a 15-year-old minor, was advertised on

Backpage along with multiple lascivious photographs of the minor. J.S.'s pimp paid

Backpage a fee for such advertisements. Advertisements of J.S. appeared in the escort

section over 100 different times. J.S. engaged in sexual intercourse with multiple adults a

day for a fee for several months. (Am. Compl. 4.1-4.4)

61. According to the Amended Complaint, "S.L." was advertised on Backpage

in September 2010 when she was 13 years old. Her pimps dressed her up in lingerie and

took photographs of her to include in the ad. The pimps paid Backpage a fee for the

advertisements. Si,. was repeatedly trafficked to adult men and provided sex for a fee.

(Am. CoMpl. 5.1-5.4)

62. "L.C." was 13 years old when she was advertised for prostitution by her

pimps on Backpage. From July 2010 until September 23, 2010, the pimps paid for

multiple advertisements on Backpage and included ad titles such as "80 DOLLAR DAY

SPECIAL, ask for Tasha." In another ad, it stated "Face down Ass Up," while another ad

stated "Let Em BLOW YOUR MIND." The ads included photos of the under-aged

victim. After being advertised on Backpage, L.C. was raped by hundreds of adult men..

(Am. Compl. 6.1-6.5)

63. Backpage, through its attorneys, moved to dismiss under the CDA. Unlike

other jurisdictions, the Washington Supreme Court held the CDA did not serve as a bar

and the lawsuit is going forward. 359 P.3d 714, 717-718.

64. Multiple anti-trafficking organizations filed amicus curiae briefs in the

Washington law suit, including the National Center for Missing and Exploited Children

- 17-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 20 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

l8

19

20

21

22

23

24

25

26

27

28

("NCMEC") and Shared Hope International, which is a non-profit, NGO funded by a

U.S. Congresswoman in 1998 to help eradicate sex trafficking.

65. According to NCMEC, numerous family members found their relatives

being advertised on Backpage and provided feedback directly to Backpage through the

"Report" feature on Backpage's site. The following communications were sent directly

to Backpage in response to various ads posted:

*"No the girl ...is 16 shes my cousin she ra(n) away from home two

months ago...The cops r trying to get her and her pimp. She is a runaway

She got tattoos of her pimp on her lower stomach and upper right

eyebrow."

*"This ad has photos of my 16 year old sister who currently being

trafficked and we are trying to get home. We have an active investigation

going on and am trying to get her away from her pimp and bring her home.

Please stop allowing whoever it is to post her. She['s] only a minor and we

want her home,"

'' 11 "How dare you allow a post of my juvenile daughter being used in a sex

trafficking post! Shame on you backpage — you know what you're really all

.about and I am on a mission to take you down...Shame shame shame!"

(See Amicus Curiae Brief Of The National Center For Missing And.

Exploited Children, In The Supreme Court Of The State Of Washington,

pg. 7.)

66. According to published statements made by Shared Hope International, at

least 495 minor victims of sex trafficking have been linked to Backpage as of July 14,

2015. (See http ://sharedhope.org/2015/07/14/495-child-s ex-trafficking-victims-linked-tobackpage-com-visa-mastercard-amex-cut-ties-with-site/).

B. ADS DESCRIPTIVE OF ILLEGALITY

67. In various interviews throughout the years, Backpage employees and/or

counsel have claimed that "Escort" ads are not necessarily criminal and are protected by

the First Amendment. A review of various advertisements that Backpage has permitted

to go live and remain live on its site show that the ads appear criminal on their face.

- 18 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 21 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

68. By way of just a few examples,' on March 25, 2016, an individual posted

the following advertisement for the Athens, Georgia area:

COLLEGE who Loves Ana$1 Crem$pies —25

Hi guys, it's YOUR GIRL MIYA AND I'm best head suc*ker it is an I'm

not from here but I just moved here from AU... I HOST ONLY AN

PRIVATE AN DISCREET...Location. I love those OLDER WHITE MEN

WHO LOVE THOSE BLACK FREAKY college student girls who REM

a*ss and who's dominant.Take control Ms req. No rushin no time limit.

If the offers fair enough...(((706-389-5223)))

69. Attached to the ad is a picture of a young female posing in a black and

white printed bra and underwear. A second picture is a partial image of her face. (See

Exhibit 1.)

70. The above ad remained live on Backpage as of April 22, 2016.

71. Based my training and experience, I am familiar with the following

terminology and expressions commonly used in the prostitution context and seen in the

above ad: Ana$1 Crem$pies appears to be slightly coded to mean "anal cream pies."

"Anal cream pies" relates to sexual activity involving a person's anus, including

ejaculation. "Head sucker" is a slang term for oral sex performed on a man's genitals. I

interpret "req" to be shorthand for "required" and the individual is stating that money is

required for the sex acts. I have probable cause to believe that this is a prostitution

advertisement on Backpage and that Backpage knows such an advertisement is connected

to prostitution.

72. On April 16, 2016, an individual posted an ad in the Arizona escort section

of Backpage, which read as follows:

100 incalls * Phat @$t 100$ incall A*N*A*L *Queen PorN No.

Each ad is attached as exhibits 1-3 to this affidavit to fully illustrate the different symbols

and pictures used that cannot be adequately conveyed with Microsoft Word.

19

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 22 of 51
1

2

3

4

5

6

7

8

9

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

available — 22

Hey KeLLY 415 602 6537

Im Young, Sexy, Sweet, Mature, Playful, & im Amazingly Talented. I'm

Available 24/7

*100% INDEPENDENT

*Upscale Gentlemen ONLY

*Always Safe & very Clean

*No Police/Pimps

*Must Be Clean & Respectful

*Professional & Discrete * Upscale Beauty * 100% REAL

Gf Exp, Behind Door, All Fetish Welcome

B:*A*C*K*...D*O*O*R pLAY... CALL NOW KeLLY 415 602 6537

73. Attached to the ad were several pictures of a young women in various

lingerie. For example, one image shows her wearing a black bra, waist garter, and black

underwear while standing up taking a "self e" with her phone. Another image shows her

wearing a black thong and orange bra while exposing her buttocks to the camera, along

with a partial side shot of her face. Another image shows her laying on her stomach

wearing cream-colored underwear. Her buttocks are the focal point of the camera. This

ad remained live on Backpage as of April 22, 2016. (See Exhibit 2.)

74. Based on my training and experience, I am familiar with the following

terminology and expressions commonly used in the prostitution context "Incalls" is a

term commonly associated with prostitution ads, and it means a customer must come to

the female's location; as opposed to "outcalls" where the female will go to the customer's

location. 100$ incalls refers to charging $100 for the customer to come to the female's

location. "Gf Exp" is shorthand for "Girlfriend Experience." "Girlfriend Experience"

refers to a customer wanting to have sexual intercourse as if they were have sexual

intercourse with their girlfriend. "A*N*A*L and B:*A*C*K*...D*O*0*R pLAY"

relate to the female's willingness to engage in anal sex and other commercial sexual

activity involving the anus. I have probable cause to believe that this is an advertisement

for prostitution and that Backpage knows it constitutes an advertisement for prostitution.

- 20-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 23 of 51
1

2

3

4

5

6

7

8

9

10

I1

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

75. On April 18, 2016, an individual posted an ad for the Long Island, New

York area:

SEXY - BEAUTIFUL - K!nKy B.B.W. BOMBSHELL DaNgeRouS.

CuRveS - 24

Good morning. Up and ready.... Juicy Thick Mami - Respectful and

Mature Gents Only - 5'5 BBW Freaky Lit Mama - Available Now -

INCSLLS ONLY Sorry NO ANAL - 100000000% Real No Games !I

Discrete and Very Clean !! SERIOUS CALLERS ONLY - RUDENESS

will not be tolerated - Please NO PIMPS. NO LAW ENFORCEMENT!

No THUGS! No Drama! Just Good Safe and Clean Fun! No Explicate

talk!! No extra pictures - 6074815436 - Hauppauge Smithtown Commack

Sayville Massapequa Ronkonkoma

76. Attached to the post is a woman wearing black underwear and black

fishnet patterned nylons while bending over a toilet. Her buttocks are the focal point of

the camera. A second picture shows her sitting on a toilet and straddling the toilet while

wearing the same black lingerie outfit described above. The focal point is again on her

buttocks. A third picture shows her in the same black lingerie outfit while kneeling on top

of a bed. Her back is facing the camera while she plays with her long hair. The above ad

remained online as of April 22, 2016. (See Exhibit 3.)

77. Based on my training and experience, "BBW' stands for Big Beautiful

Woman. "Freaky" relates to the sexual adventurousness of the individual. "No Anal" is

interpreted to mean no anal sex. No LEO is clearly stated and gives notice to Backpage

that the purpose of the ad is to engage in illegal activity. I have probable cause to believe

that this is an advertisement for prostitution where the individual will engage in

commercial sex acts and Backpage knows this is an advertisement for prostitution.

- 21 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 24 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

UNITEDSTATESSENATE,PFIIMANENTSUBCOMMITTEEON

INVESTIGATIONS.COMMIUEEONHOMELANDSECURITYAND

GOVERNMENTALAFFAIRS("PSI").INVEST CATION BACKPAGE.COM

A. November 2015 PSI Report - Recommendation to Enforce a Subpoena Issued

to the CEO of Backpage.com, LLC

78. I am aware of a November 19, 2015, report issued by the United States

Senate, Permanent Subcommittee on Investigations, Committee on Homeland Security

and Governmental Affairs ("PSI Report") recommending enforcement of an October 1,

2015, subpoena issued to Carl Ferrer.

79. The subpoena requested, among other items, documents concerning

Backpage's moderation efforts, including information related to editing or modifying ads

before publishing. The subpoena also requested documents concerning metadata,

document retention, basic corporate information, and revenue derived from adult

advertisements. (PSI Report, p. 30.)

80. On the return date, Backpage produced twenty-one pages of publicly

available documents and submitted a letter objecting to certain document request in the

subpoena on the grounds that they violated the First Amendment and were not pertinent

to a proper legislative investigation. (Id. at 30.) Backpage declined to produce the many

internal documents it possesses that are responsive to the subpoena's request for

information about its moderation procedures, data-retention policies, and financial

information. (Id, at 32.)

81. The Subcommittee overruled Backpage's objection explaining that

Backpage's vague and underdeveloped First Amendment arguments lacked merit. (Id. at

31.) The Subcommittee further rejected Backpage'S entirely unexplained contention that

the document requests in the October 1, 2015, subpoena were not pertinent to a proper

investigation. (Id. at 32.) Undeterred by Backpage's noncompliance with its proCess, the

Subcommittee pursued its fact-finding through other means. The PSI Report detailed the

Subcommittee's preliminary findings.

-22-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 25 of 51
I

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

82. The Subcommittee found substantial evidence that I3ackpage edits the

content of some ads, including by deleting words and images, before publication The

record indicates that in some cases, the deletions likely served to remove evidence of the

illegality of the underlying transactions. (Id.) Specifically, as part of its moderation

process, it appears that Backpage will delete particular words or images that violate its

terms of service. (Id.) Backpage's General Counsel, Elizabeth McDougall, told the

Subcommittee of this practice in a staff interview, but the company has so far refused to

provide additional documents about it (Id.) The subcommittee attempted to take the

testimony of two Backpage employees in charge of its moderation practices, but they

refused to testify on the grounds that it might incriminate them. (Id.)

83. The subcommittee, however, obtained evidence that from 2010 through

2012, Backpage outsourced its moderation practices to a California-based company that

employed moderators in India. During this time, the moderators deleted certain images,

words, or phrases from "adult" ads. (Id.) Specifically, Backpage issued specific content

guidelines and instructions to the moderators and continuously updated these instructions.

(Id.) Content guidance from Backpage typically took one of three forms: First,

Backpage provided descriptions of images it would accept, decline, or edit, including

specific examples. Second, Backpage's guidance included lists of words that should

prompt moderators to either fail or edit an ad. Finally, Backpage, often through

Operations Manager Andrew Padilla or Carl Ferrer would, in some instances, answer

questions from the company's moderators about failing, approving, or editing specific

content in specific ads. (Id.)

84. Carl Ferrer, Andrew Padilla, among other Backpage employees, were in

regular email contact with the moderators about the speed of the moderation process.

Backpage had the ability to monitor the number of ads awaiting review in each queue,

including whether certain ads had exceeded a certain amount of time from posting to

approval. (Id.) Automatic email alerts notified Backpage managers when ads were

- 23-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 26 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

waiting in the queue for longer than the target wait times. On occasion, Andrew Padilla

or another Backpage employee emailed persons when ads sat too long in the queue to

urge them to process the ad. (Id.)

85. Backpage CEO Carl Ferrer was intimately involved in communicating the

content policies the California-based company that it outsourced its moderation practices

were to apply. For example, guidelines in October 2010 flagged for scrutiny not only

certain sexual images, but also text that conveyed an offer of sex for money ("no pricing

for services less than an hour"). (Id. at 18.) With respect to these particular changes in

guidance, Mr. Ferrer wrote (via email), "Better to edit by removing bad text or removing

bad language. We will do this for a few weeks to give users a chance to adjust." (Id. at

18.) In another email, Mr. Ferrer communicated with the company it outsourced its

moderation practice to about how to deal with ads that offer services based on time

increments, e.g., 15 or 30 minutes that are standard in the illegal sex trade. Mr. Ferrer

explained: "Removing bad pies and removing bad text like 15 min LA hour is critical. I

think [the moderators] will be busy." (Id. at 19.)

86. Quality control for the screening and editing process was also an important

concern for Backpage during its contract with the California-based company. Backpage

encouraged the company's moderators to review ads quickly, but to not cut corners." (Id.

at 21.) Backpage attempted to monitor the moderators to provide "constructive

feedback" when a moderator failed an ad that should have been approved or vice versa.

But at least as of 2010, the editing platform did not provide Backpage the ability to

monitor the specific edits a moderator made to a post; Backpage could only see the final

product (Id.)

87. In some instances, Backpage took corrective action after ads containing

violations of Backpage content policies were published even after going through the

screening and editing process. (Id.) In these cases, Backpage sent the violation to the

company with the ID number of the moderator who "missed" the particular violation.

-24 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 27 of 51
I

2

3

4

5

6

7

8

9

10

11

12.

13

14

15.

16

17

18

19

20

21

22

23

24

25

26

27

28

(Id.) The company would then retrain the moderator and explain why the particular item

needed editing. (Id.)

88. Quality control was important to Backpage not only to ensure compliance

with its policies, but also to ensure customer satisfaction. Backpage's revenue depends

on user's willingness to pay to post ads, the cost of which can range from a few dollars to

more than one hundred dollars as users buy upgrades to promote or sponsor ads to

receive more views. (Id.) In some instances, users complained to Backpage's customer

service department when images were deleted that the user knew should have been

approved. Mr. Ferrer reacted to that personally. (Id. at 2 L) In one email to Backpage

staff, Mr. Ferrer noted "an increase in users complaining about false positives" and urged

the moderators to "exercise care when removing images." In at least one instance, Mr.

Ferrer offered a customer $1,000 in "freebies" when an ad was erroneously edited. (Id. at

21.)

89. Statements publicly made by Backpage, California DOJ's undercover

investigation of Backpage, and the PSI Report show Backpage employees including

Ferrer, Padilla, and Vaught, use email to discuss the criminality of various Backpage ads,

including discussions on: (1) its moderation process and whether various ads should be

removed for violating its policies and/or whether various account holders should be

permanently banned from posting on Backpage.com; (2) law enforcement subpoenas

seeking ads tied to criminal activity, including prostitution; (3) complaints by the public

regarding live ads on Backpage; and (4) reports by Backpage to NCMEC related to

individuals who appear to be under 18 or even slightly above 18 years old.

B. January 2017 PSI Report — Backpage.com's Knowing Facilitation of Online

Sex Trafficking.

90. I am also aware of a January 10, 2017, PSI Report titled "Backpage.com's

Knowing Facilitation of Online Sex Trafficking." The report contained three principle

findings. First, Backpage knowingly concealed evidence of criminality by systematically

- 25-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 28 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

editing its "adult" ads. (Jan. 2017 PSI Report, p. 2.) As early as 2006, Backpage

executives began instructing moderators to edit the text of adult ads to conceal the true

nature of the underlying transaction. (Id.) By October 2010, Backpage executives

formalized a process of both manual and automated deletion of incriminating words and

phrases, primarily through a feature called the "Strip Term From Ad Filter." (Id.) At the

direction of CEO Carl Ferrer, the company programmed this electronic filter to "strip" —

that is, delete — hundreds of words indicative of sex trafficking (including child sex

trafficking) or prostitution from ads before their publication. (Id.) The terms that

Backpage has automatically deleted from ads before publication include "lolita,"

"teenage," "rape," "yOung," "amber alert," "little girl," "teen," "fresh," "innocent,"

and "school girl." When a user submitted an adult ad containing one of these "stripped"

words, Backpage's Strip Term From Ad filter would immediately delete the discrete

word and the remainder of the ad would be published. (id) By Backpage's own internal

estimate, by late-2010, the company was editing 70 to 80% of ads in the adult section

either manually or automatically. (Id.)

91. Second, Backpage knows that it facilitates prostitution and child sex

trafficking. In addition to the evidence of systematic editing described above, additional

evidence shows that Backpage is aware that its website facilitates prostitution and child

sex trafficking. Backpage moderators told the Subcommittee that everyone at the

company knew the adult-section ads were for prostitution and that their job was to `put[]

lipstick on a pig" by sanitizing them. (Id. at 3.)

92. Third, despite the reported sale of Backpage to an undisclosed foreign

company in 2014, the true beneficial owners of the company are Larkin, Lacey, and

Ferrer. (Id.) Acting through a complex chain of domestic and international shell

companies, Lacey and Larkin lent Ferrer over $600 million to purchase Backpage from

them. (Id.) The Letter of Intent subjects Ferrer to significant restrictions on his

management of the company until the loan is repaid. (Id. at 48.) Ferrer cannot sell

- 26-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 29 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Backpage, assign the loan to another borrower, or even change accountants or outside

counsel without approval from Lacey and Larkin. (Id.) The sale was conditional on

Ferrer providing a "five-year business plan satisfactory to Seller in its sole and absolute

discretion," and Ferrer also committed to submit to Lacey and Larkin for approval an

annual budget, monthly and quarterly balance sheets, and annual audited financial

statements. (Id.)

93. Ferrer also made covenants to give Lacey and Larkin electronic access to

Backpage's bank accounts and full access to its books and records. In addition, Ferrer

could not without approval change the company's organizational structure, salaries,

banking relationships, or place of domicile. (Id.) MoreOver, according to a loan

agreement later executed in connection with the sale, Ferrer could not "engage in any line

of business other than businesses engaged in on the date" of the sale. (Id) According to

the consultant-that structured the deal, moreover, this transaction appears to provide no

tax benefits. Instead, it serves only to obscure Ferrer's U.S.-based ownership and conceal

Lacey and Larkin's continued beneficial ownership. (Id.)

94. Based on my review of the PSI Reports and accompanying appendixes, as

well as my conversations with law enforcement officers and others, and review of other

records, there is probable cause to believe that Ferrer, Lacey, Larkin, Andrew Padilla,

Adam Padilla, and Vaught, among other Backpage employees, are aware that Backpage's

posting and moderation process intentionally promotes prostitution. There is also

probable cause to believe that Ferrer, Lacey, Larkin, Andrew Padilla, Adam Padilla, and

Vaught, among other Backpage employees, used email communication to facilitate the

promotion of prostitution and child sex trafficking on Backpage.

95. On January 21, 2011, Lacey sent Ferrer an email requesting guidelines

moderators use when reviewing ads in the "adult" services section to assist him in what

appears to be an upcoming meeting he (Lacey) had scheduled with NCMEC. (Jan. 2017

PSI Report, App. 759.) Ferrer responded with an email stating, "our guidelines are vague

-27-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 30 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

but at least easy to remember " Ferrer also indicates, "They have a hash list of porn pies

and list of child porn URL sites to ban. Nothing on runaways. . .yet" (Id.) Based on my

training and experience, and the facts of this case, I know that hashing is an important

tool available to law enforcement. Hashing gives photos a unique fingerprint that enables

one to search for identical photos in other places, including on different web pages. In an

interview with the Subcommittee, Backpage counsel Elizabeth McDougall claimed that

Backpage had implemented hashing, although NCMEC, in testimony submitted to the

Subcommittee, stated that Backpage "does not appear to utilize free browser add-ons or

hashing technology to match images in ads of known children. (Nov. 2015 PSI Report,

23.)

96. On January 31, 2012, Lacey responded to an email sent to him from Scott

Tobias where he (Lacey) seemed to be replying to a story Tobias sent him regarding child

sex trafficking occurring on Backpage. (Jan. 2017 PSI Report, App. 759.) In Lacey's

response to Tobias, he states, "within the response we need to note that as deplorable as

this case is, and it is appauling, it is one bad case amongst how many millions of ads that

involve no one under age." Lacey continued stating "drug dealers use cell phones, fed-x,

when you bust them you do not advocate shutting down phone service, overnight

deliveries, underage people use phony I.D. to get into bars thousands of people patronize

local bar legally, you don't close it when someone underage deceives the owner of the

bar. in time period covered by this story, this is only the second case developed by the

attorney general. the case is awful, but with two cases it is not yet a tsunami of underage

trafficking, prosecute this case, these individuals, get care and treatment for the victims

and stop pandering to yahoos." (Id.) Based on my training and experience, and the facts

of this case, I believe that this email indicates Lacey's knowledge that Backpage's adult

services section is being used to facilitate the promotion of prostitution and child sex

trafficking.

-28-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 31 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

97. On July 28, 2011, Larkin emailed to Ferrer cautioning him against

Backpage's moderation practices "being made public." (Jan. 2017 PSI Report, App.

432) Larkin states, "we need to stay away from the very idea of 'editing' the posts, as

you know." (Id) Information I have reviewed from the PSI Reports demonstrates that

senior Backpage executives, including Larkin and Lacey, are aware that the site's adult

section is used extensively to advertise prostitution. On March 1, 2011, for example,

Ernie Allen, NCMEC's then President and CEO, met with Larkin and Lacey. Alien's

notes summarizing this meeting, produced to the Subcommittee, reflect that when Allen

asked about adult prostitution, Lacey "lit into me with vengeance. ...Re said his

company agreed to eliminate underage kids on their site being sold for sex. . . However,

he said that adult prostitution is none of my business." (Jan. 2017 PSI Report, 36.)

Based on my training and experience, and the facts of this case, I believe that there is

probable cause to believe that Larkin has knowledge that Backpage knowingly conceals

evidence of criminality by systematically editing its ads in its adult services section..

98. In May 2009, in response to a news article regarding potential criminal

investigation of Craigslist in South Carolina, Ferrer sent an email to Andrew Padilla

instructing him to scrub local Backpage ads that South Carolina authorities might review:

"Sex act pies remove • In South Carolina, we need to remove any sex for money

language also." (Jan. 2017 PSI Report, App. 15.) Andrew Padilla replied to Ferrer that

he would "implement the text and pic cleanup in South Carolina only." (Id.) In a

December 1, 2010 email addressed to Backpage moderators and copying Ferrer, Andrew

Padilla touted the success of the Strip Tenn From Ad filter, solicited ideas for additional

words to be stripped, and attached the list of words then-programmed to be stripped from

adult ads by the Strip Term From Ad filter before ads were published. (Id. at 158.) The

words (among others) that were automatically deleted from ads included "lolita,"

"teenage," "rape," and "young." (Id.)

- 29 -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 32 of 51
1

2

3

4

5

6

7

8

9

1.0

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

99. Backpage executives also took affirmative steps to ensure that subpoena

responses did not disclose too much information about Backpage's moderation practices.

In a Tuly 22, 2015 email addressed to a Backpage employee, Vaught asked the employee

whether Backpage's subpoena response team "normally send[s] out evil empire and

naked city links when [they] reply to cops? If you do, can you stop? We own those sites

too."). Based on my knowledge and experience, and the facts of this case, I have

knowledge that the websites EvilEmpire.com and NakedCity.com are solely devoted to

commercial sex advertising. Both websites contain graphic male and female nudity,

which Backpage purports not to allow on its website. (Jan. 2017 PSI Report, 27.)

100. Backpage moderators also manually deleted incriminating language that

company filters missed. Manual editing involved the deletion of language similar to the

words and phrases that the Strip Term From Ad filter automatically deleted — including.

words and phrases indicative of criminality. (Id. at 2.) In an October 26, 2010 email to a

moderation supervisor, copying Ferrer and Vaught, Andrew Padilla outlined some of the

types of words and images that moderators should delete. (Jan. 2017 PSI Report, App.

432.) In the personals section, moderators were to delete "rates for service" and

"mention[s] of money." (Id.) In the "Adult jobs" section, moderators were to delete

indications of "sex act[s] for money." (Id.)

101. There is also evidence that, as a matter of policy, Backpage often chose to

err against reporting potential child exploitation. In an email exchange with a moderator

dated July 11, 2013, Vaught took issue with the moderator's decision to report an ad to

NCMEC due to "inappropriate content" and. the moderator's belief that the person in the

ad look[ed] young." (Jan. 2017 PSI Report, 40.) Vaught explained that she "probably

wouldn't have reported this one." .(Id.) The moderator responded that the girl or woman

in the ad "look[ed] young." (Id.), Vaught went on to explain that she "probably wouldn't

have reported this one." (Id.) The moderator responded that the girl or woman in the ad

looked drugged and has bruises:" Vaught replied that the person in the ad did not look

-30-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 33 of 51
2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

under 18 years old, adding that "[t]hese are the kind of reports the cops question us about

Ifind them all the time, it's just usually you who sends them [(to NCMEC)]." (Id.)

102. As Backpage changed its content guidelines, the company recognized that

users would need time to adjust their word choice and therefore refrained from removing

or blocking users for failing to immediately comply. For example, after prohibiting users

from posting rates for services lasting under one hour, Andrew Padilla, in an October

2010 email, stated that Backpage would only be editing the offending text and not

removing ads altogether. Padilla explained to the moderators, "We have to be fair to the

users and give them time to adapt." (Ian. PSI Report, App. 138.)

103. In September of 2009, Adam Padilla was copied on an email Ferrer sent to

Backpage employees with the subject, "Why was this ad removed in San Antonio." (Id.

at 22.) Ferrer states in the email, "Sorry, I did not want to make this too big of a deal. I

want us to avoid getting eraig's reputation of removing ads for no reason. Regarding

minor complaints in escorts: - Users posting in escorts are paying clients. If they look to

young, remove the ad. If they don't look like minors, we can refer the email to Dallas for

further verification. Regarding minor complaints in personals, if we get a complaint in

personals and the pic look to young, we can make a judgement call and remove the ad."

(Id.) In October 2010, less than a month after Craigslist shut down its Adult advertising

section, Andrew Padilla sent an email to Backpage employees, including Adam Padilla,

with the subject "New Moderation Standards." (Jan. 2017 PSI Report, App. 124.)

Andrew Padilla states in the email, "Perhaps indefinitely, and certainly over the next four

days, we need to intensify our efforts in cleaning Escorts, Body Rubs, Male Escorts and

Dom & Fetish. This intensification will come in the form of extra staff and overtime but

most importantly in stricter standards for language and images in ads. I'd like to still

avoid Deleting ads when possible, but if an ad makes a clear reference to sex for money

or an image displays a sex act, don't hesitate deleting it. These are not the types of ads

we want on our site at all. In the case of lesser violation, editing should be sufficient.

- 31-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 34 of 51
I

2

3.

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

We're still allowing phrases with nuance but if something strikes you as crude or

obvious, remove the phrase. We're still allowing HBO type of nudity but if an images

make you thinktwice, remove the image. There is zero tolerance for closeups of exposed

genitalia." (Id)

104. Additionally, according to the January 2017 PSI report, in August of 2016,

Adam Padilla testified before the Senate PSI Committee under oath that he removed

words that "clearly stated that that person wanted to have sex with Somebody for money."

According to Adam Padilla, Backpage instructs moderators during training that "those

are the words you need to pull." (Id. at 31.) Asked if he was toldwhy he should remove

those terms, Adam Padilla explained that "those terms made it clear that the person was

asking for, you know, money for prostitution." (Id.) Adam Padilla further explained that

deleting ads for illegal conduct, rather than editing out the indicia of illegality, would

have cut into company profits. (Id.) Adam Padilla further testified that moderators even

edited live ads that were reported for "Inappropriate Content" by users. (Id. at 32.)

According to Adam Padilla, if moderators saw "an ad that had inappropriate content that

suggested sex for money," they would remove the offending language and repost the ad.

(Id.) Adam Padilla testified that it was "common knowledge" that removing sex-formoney language before posting does not change the illegal nature of the advertised

transaction. (id)

105. Because Backpage is making millions of dollars a year on advertisements

that it knows are routinely tied to sex trafficking and prostitution, I believe that Ferrer,

Lacey, Larkin, Andrew Padilla, Adam Padilla, and Vaught's Backpage and VVM email

accounts contains evidence relevant to the investigation. The Backpage business model

is largely based on the fees it obtains from its escort section, and there is probable cause

to believe that the email accounts will have communications showing the aforementioned

individuals knowledge of prostitution-related criminal activity, how Backpage advances

such criminal activity through its moderation process, the money Backpage makes

-32-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 35 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

through advancing such activity, and other relevant evidence. Based on my training,

experience, and facts of this case, I believe probable cause exists that the aforementioned

email accounts contains the fruits, instrumentalities, and evidence of the above-stated

crimes.

PROMOTIOVALMONEYLAUNDERING

Backpage's Revenue Stream and Employees

106. In terms of how Backpage' generates revenue, it has guarded the details of

its total revenue and the revenue it generates from online escort advertising. In an

interview with ABC News that aired in April 2012, McDougall repeatedly refused to

answer questions about the revenue Backpage makes from adult advertisements. (See

November 19, 2015 PSI Report.) Based on PSI's investigation to date, however,

Ba.ckpage's Corporate group had net yearly revenue of more than 71 million dollars in

2012, more than 112 million dollars in 2013, and at least 135 million dollars in 2014.

107. I also reviewed a September 2013 statement by McDougall that was

submitted to the Arizona Governor's Task Force on Human Trafficking. She stated that

the Adult ads accounted "for less than 2% of overall content posted to the service." I

compared that figure to an internal chart' found in the email records, which showed that

in August 2013, Adult ads were 1% of the total count but 95% of the paid count,

amounting to more than $10 million in revenue, while non-Adult ads like jobs were 47%

of the total count but amounted to only $526.60 in revenue.

108. I know from the investigation that Backpage used a payment processor to

process the payments for the adult section advertisements. The user is provided a form to

enter their credit card information. Once that credit card has been validated and

approved, Backpage sends a response back to the main ad system that payment was

received and the user can create the ad. The payment processing system is hosted on

servers loCated in Phoenix, Arizona. For a number of years Backpage accepted

Mastercard, Visa, and Discover card. However, around July 2015, those credit card

- 33

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 36 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

companies disallowed the use of their cards for Backpage due to concerns over

prostitution related advertisements.

109. I know that Backpage has numerous employees needed to monitor the

website, conduct moderation, combat fraud, etc. In 2009, Craigslist ceased operations,

which caused most of their prior customers to use Backpage. As a result, Backpage

increased the hiring of moderators to handle the increase in volume of adult ads. The

number of moderators doubled in size due to surge of ads as a result of Craigslist no

longer accepting adult advertisements. Backpage has been hiring regularly since 2009.

110. To accommodate the increase in volume of adult ads, Backpage contracted

with a company whose employees were based in India to handle the first tier of

moderation review. Charles Craig, CEO of Craig Capital, found that there were

approximately 50 people in India employed to conduct the first tier moderation. There

were 64 people doing moderation in Phoenix. In terms of employee compensation, some

of the senior moderators were being paid a $105,000 annual salary. They would also

receive a bonus equal to 10% of their salary.

111. I know from investigations conducted nationwide involving die monies

used to pay for adult ads on Backpage, that most if not all advertisers had no legitimate

income. For example, in the cases investigated in Arizona, investigators routinely

checked with the Department of Economic Security to determine whether the individuals

submitting ads had a reported income. In most cases, I found that they had little-to-no

other income other than monies derived from prostitution.

112. There is probable cause to believe that Backpage knows many prostitution

ads were historically purchased with proceeds from prostitution activity (prior to the

credit card companies refusing to process such ads). There is also probable cause to

believe thaf Backpage knows many ads are currently being automatically reposted for a

fee or featured as thumbnails for a fee via proceeds from prostitution. Many ads note that

the females are available "24/7," demonstrating that prostitution activity is a full time job

-34-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 37 of 51
1

2

3

4

.5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

for that individual. Additionally, many prostitution ads haVe been repeatedly purchased

or automatically reposted on a daily basis over the course of weeks and/or months.

Backpage is able to track the number of ads posted, reposted, and featured as thumbnails

for any given account holder. Based on the full time nature of the job described in the

advertisements and the frequent use of Backpage by an account holder, there is probable

cause to believe that Backpage knows the fees it has collected historically and today

come from prostitution-related proceeds.

CONCLUSION

Based on my.training and experience, and fhe facts as set forth in this affidavit,

there is probable cause to believe that 18 U.S.C. §§1952(a), 1956(a)(1)(A)(i), and

1956(h) have been violated and that information associated with the email accounts,

addresses, and identifiers described in Attachment A will contain the fruits, evidence,

contraband, and instrumentalities of such violations, as more fully described in

Attachment B.

REQUESTFORSEALING

It is respectfully requested that this Court issue an order sealing, until further order

of the Court, all papers submitted in support of these applications including the

application, Affidavit, and search warrant. Disclosure of the search warrant materials at

this time would seriously jeopardize the ongoing investigation as the subjects of the

investigation would not otherwise be aware of the warrants or that their activities are

necessarily the subject of an Ongoing criminal investigation. Disclosure at this time

would provide the subjects with the opportunity to destroy evidence, change patterns of

behavior, notify other confederates, flee or allow confederates to flee. Further, the

///

II/

///

///

-35

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 38 of 51
1

2

3

4

5

6

7

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

investigation in this matter is continuing, and disclosure would likely preclude or impede

the agents and investigators working on this matter from investigating new criminal

activity or leads.

Special 4gent Amy ryberger, Affiant

Federal Bureau of Investigation

Approved as to f• 81

galliriP II

Reginald ' 084 rial Attorney

U.S. Department :f Justice, Criminal Division

Child Exploitation and Obscenity Section

SUBSCRIBED AND SWORN before me this 1irday of April 2017.

HONORABLE ALLISON CLAIRE

United States Magistrate Judge

-36-

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 39 of 51
Exhibit 1 to Affidavit of Special Agent Amy L. Fryberg

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 40 of 51
4/22/201 COLLEGE who Lam Aro* Creinpleo - Athens weals - hookPogezoth _

hilamikawa > Athensadult entertainment> Athensescorts

COLLEGE who Loves Ana$1 Crem$ples - 25

Posted: Friday, March 26, 2016 1:34 PM

Hi guys Its YOUR GIRL MIYA AND

I'M best head suc"ker It is and I'm not from here but I just moved here

from AU..

I HOST ONLY AN PRIVATE AN DISCREET., Location.

I love those OLDER WHITE MEN WHO LOVE THOSE BLACK

FREAKY college student/girls who REM a"SS and who's dominant..

Take control

$Sis req.

No rushin no time limit.

If the offers fair enough..

(((706-389-5223))) ,

Poster's age: 25

•Location: Athens, Downtown area

•Post ID: 37492919 sthensga

email to friend

- .

eplorkOoLblic,rphwtopi .18,oh' cdol or OoMo6. INF( onobles Obtass rinunpkingOrOjonti shoyid*lbe

. . - .

spolifoOfor07( Ltlgorrootron providet164

• • fix s: $1141 •

• =...4;;..ti:

Voiihatipo molorgrooNfrior, 110 PM d'tacillUM414.;

•r f , •

• :O .-4 72.••

;-• 4 FT• A

-"- r .

• 1.11 - •

htlyokithonies.boolipseemooliForholleEKArlikoMoge.Who-koveskomktorgefepr37492411e

iF

-44

.;;•••• •

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 41 of 51
Exhibit 2 to Affidavit of Special Agent Amy L. Fryberg

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 42 of 51
bigisuawsza >AdmandulLaateatinni>Artzgrutescorts

CUD

*100 incalls •Phat @$$T 100$ Inca ),;(eA*N*A*1- *Queen

),;( *••To)PorN**:•*.•No * •*Q*avaitabee 22

Posted: Saturday, April 16, 2016 2:41 PM

htillasizona,tradtpage.00rniFeeraketaxibil00-Incalisithat-10D-Incekinakween-pornno-v14/39434323 103

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 43 of 51
4/2212018 .100 hob •phat on 100$ local t.:ceorti•A•L *Queen tt • Nekt3PorN":01..No : • 4.11104Rivalbabts - Arizana estods backpagatorn

V**Hey, KeLLY 415 602 6537**

im Young, Sexy, Sweet Mature, Playful, & Im Amazingly Talented. *I'm Available 24/7"

*100% INDEPENDENT

*Upscale Gentlemen ONLY

*Always Safe & very Clean

*No PotIce/Pimps

*Must Be Clean&Respectful

**zProfessional & DIscretev*** c"Upsoale Beautyv *100%REAL*

RIG( Exp,Behlnd Door, All Fetish Welcome

CALL NOW; KeLLY 415 602 6537

Poster's age: 22

•Location: East Valley, Phoenix, Phx Incalt_

•Post ID: 39434323 arlzona

email to friend

httritasizargabadcpage.cornffemedeEsoartsf100-tricallaighatr100-incall-anal-queen-paimo-vieb/39434323 2/B

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 44 of 51
442261. Incas Phat 100$ k tateAlarikt Vine% "4441beiettiLaivick :64100410agelleft -14iOnit saute - bedoige.com

htlgiterizona.backpage.corrifernaleEscorls/1004ncatisieurt-100-Incall-anal-queen-pormo-vlab/39434323 anal

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 45 of 51
Exhibit 3 to Affidavit of Special Agent Aniy L. Fryberg

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 46 of 51
4/22/2016 SEXY 0104X4,Beautiftf4X# .110 Kinky maw BOMBSHELL m f DaNgeRoue sCuRveS S. Long Wend swats - badvage.c9M

istisnamon )• Long island adult entertainment> LmLigangessub

SEXY <4"XBeautifuMX GrEG K!nKy B.B.W

BOMBSHELL AS DaNgeRouS iCuRveS - 24

Posted: Monday, April 18, 2018 7:30 AM

Good Morning, Up and ready...

; f, Q Juicy Thick Mami Q!.

*Respectful And Mature

Gents Only*

BBW Freaky Ul Mama

*Available Now *

*INCSLLS ONLY *

Sorry NO ANAL

V100000000% Real,/

No Games II Discrete And

Very Clean H

Li SERIOUS CALLERS

ONLY,/

®RUDENESS will not be

tolerated&

0Please NO PIMPS. NO

LAW ENFORCEMENT I No

THUGS 10

No Drama! Just Good Safe

And Clean Fun!

No Explicate talk II

080748154380 Hauppauge

Smithtown Commack Sayville

Massapequa Ronkonkoma

Poster's age: 24

•Location: Babylon,

trttplAongisiand.backpageconWernaleEscorts/spepbeautiful-knky-bbwtornbahell-dartgerauB-ourves/77443321 1/3

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 47 of 51
4/221201a SEXY .01,4X# BeatdiddkX o*rt 0 M./ B.B,W BOMBSHELL at, f baNgeRauS fOuRaeS f Loa; Island awn% - badgma.com

.—

BAYSHORE DEER PARK • -4r

COMMACK, Huntington,

Long Island -

•Post ID: 77446321

Iongisland

• • • • tr.. - • z

AtqaktOtiliar-. bitattlr•

httpriolurighthinitaCkPagft•

;-; • • *. • -14:"

twit? 42. •

24

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 48 of 51
VIEnga4-kcosiggowa'aramanotreastbPectIvergiattolil•A4 -1311 44 oncualiePle4squioctmcg1 - 1•7£9$11/saiono

•

IV, 910V X1/S4)0(39 , Xiaininswea kwi>141•60 Amer W113}15E1WOR I sno2[04tea SgAtirOf f Buol Weft. tozreentbirmq u

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 49 of 51
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16,

17

18

19

20

21

22

23

24

25

26

27

28

ATTACHMENTA

Description of Property to be Searched

This warrant applies to information associated with the following email addresses for the

time period of, 2010-2016:

carl.ferrer@backpage.com,

carl@backpage.com,

ferrer.carl@gmail.com,

andrew©backpage.com,

joye@backpage.com,

adam®backpage.com,

abuse@backpage.com,

jiin.larldn©villagevoicemedia.com, and

michael.lacey@villagevoicemedia.com,

that is stored at the California Attorney General's Office, located at 1300 I Street,

Sacramento, California, 95814. -

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 50 of 51
1

2

3

4

5

6

7

8

.9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ATTACHEMNT13

Items to be Searched and Seized

I. Items to be seized by the government

All information, in whatever form it exists, that constitutes fruits, evidence, and

instrumentalities of violations of Title 18, United States Code §§ I952(a) (Interstate and

Foreign Travel or Transportation in Aid of Racketeering Enterprises); 1956(a)(1)(A)(i)

(Promotional Money Laundering); and 1956(h) (Conspiracy to Commit Money

Laundering) involving Backpage.com, including, for each account, address, or identifier

listed in Attachment A, information pertaining to the following matters:

a. Any information related to Backpage.com matters;

b. Any communications to, from, or concerning Backpage.com;

c. Records relating to who created, used, or communicated with the account

or identifiers, including records about their identities and whereabouts.

II. Search Procedure

a. Upon receipt of the items described in Attachment A, the Filter Team will

review the documents for privilege or protection only and will disseminate nonprivileged and non-protected documents to the Investigative Team. The Investigative

Team will determine which documents constitute evidence of unlawful activity. Because

the Filter Team will be properly walled off from the, Investigative Team, it may review

emails to and from Elizabeth McDougall or other Backpage attorneys to determine if they

properly qualify for privilege or protections, in accordance with procedures set forth

above. This will eliminate the risk that protected information from or to Ms. McDougall

or other Backpage attorneys will reach the Investigative Team.

Case 2:18-cr-00422-DJH Document 778-4 Filed 10/18/19 Page 51 of 51